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Wrongful Death Attorney in Canton

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About Carlson Bier Associates

When facing the tragic reality of a wrongful death, it is imperative to secure representation that is sensitive, aggressive and exceedingly competent. Carlson Bier embodies these characteristics wholeheartedly in the practice of Wrongful Death law. Our dedicated team of attorneys diligently strives for truth and justice during such emotionally challenging times. Based in Illinois, our company embodies a vast understanding and thorough experience with local statutory laws governing Wrongful Death cases – an aspect crucial to any case associated with this unfortunate circumstance in Canton or elsewhere across Illinois’s territory. We are vibrant advocates passionately pursuing your best interests; we fight tenaciously for rightful compensation while providing compassionate guidance along every step of the process. With acute attention to detail as well as relentless dedication towards each intricate facet of clients’ cases, Carlson Bier enhances client satisfaction beyond conventional expectations. Regardless if you require counsel regarding wrongful death issues within Canton or phone-based consultations remotely from other states – consider Carlson Bier your trusted partner on such complicated journeys towards justice! Trust us; place your faith where expertise thrives!

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About Carlson Bier

Wrongful Death Lawyers in Canton Illinois

As one of the preeminent law firms in Illinois, Carlson Bier specializes in personal injury law, with a strong emphasis on representing victims and their families who have experienced loss as a result of wrongful death. A wrongful death is a devastation that arises when someone loses their life due to the negligence or misconduct of another party.

Navigating through such challenging times requires comprehensive legal expertise and compassionate representation, both hallmarks that set our firm apart from the rest. Backed by extensive experience in this complex field, our seasoned attorneys at Carlson Bier confront each case with unrivaled competence, providing valuable guidance to those grappling with personal tragedy.

Wrongful deaths can arise from several situations:

• Car crashes brought about by reckless driving

• Workplace accidents due to safety violations

• Deaths caused by poorly manufactured products

The spectrum is indeed vast but regardless of circumstances surrounding each incident, crucial elements must be established for proving wrongful death:

• Negligence: It must be demonstrated that the death occurred due to carelessness, recklessness or an ill-intentioned act.

• Breach of Duty: Confirmation needs to be sought that duty existed – for instance motorists are bound by law to observe proper road etiquette to guarantee others’ safety.

• Causation: The aforementioned breach directly led to the wrongful death.

• Damages: Pre-death pain suffered by victim(s), medical treatment costs resulting from injury before succumbing; loss of inheritance caused when individual dies prematurely are all classified under damages related linked with wrongful deaths.

At Carlson Bier we meticulously examine every element relating to your claim with skillful accuracy adding value while working relentlessly towards achieving rightful justice for you.

Your legal rights around matters concerning wrongful death vary significantly based on intricate details rooted within each association between affected parties (e.g., parents losing a child vs spouse losing their partner) hence it’s pivotal that professional advice from certified experts like us should be sought promptly ensuring ideal strategies are implemented before time windows for litigation close.

Our dedicated team excels in worked-out multiple precedents of wrongful death claims delivering full settlements that cover:

• Funeral and burial expenses

• Medical bills related to the deceased’s final illness or injury

• Lost wages, including potential earnings the deceased would have made in future if they were alive

Bereavement can in itself be debilitating with numerous emotional roadblocks to combat without having added pressure from legal proceedings. Let our accomplished attorneys handle your fight towards restorative justice easing you through this agonizing process with utmost professionalism aligning closely with our industry’s ethical standards.

At Carlson Bier we believe clients must receive comprehensive information regarding their case translating complex law terms into easily understood explanations setting realistic expectations on possible outcomes. Our belief fundamentally emanates from understanding victims need professionals who fully listen prior to offering advice ensuring what is provided suits everyone individually avoiding one-size-fits-all kind of solutions.

Remember; every wrongful death claim involves unique circumstances which require tailored approach hence involving a proficient firm like ours significantly benefits how each turn plays out throughout your battle towards rightful justice. We make sure every client understands they’re never alone during such trying times – providing unwavering support has often been noted as standout quality making us preferred choice for countless individuals seeking reparations within Illinois’ diverse communities due to lives cut short unjustly by negligent parties.

It’s worth taking a moment now to realize when dealing with contingencies linked to these incident types nothing beats being thoroughly prepared backed by depth-loaded expertise offered here at Carlson Bier. If you’ve unfortunately lost someone owing solely to another party’s negligence or intentional harm reach out us today because options exist even during darkest hours and knowing what those entail could make substantial differences since amounts involved aren’t trivial by any means plus it helps moving forward considering ramifications surrounding exact extents of losses incurred rarely fit neatly inside labeled boxes.

Crucial path towards successful recompense can be initiated by sharing your unique experiences with us. Further information regarding potential reparation amounts for your case awaits – press the button below to discover exactly how much we can help you recover. Stand up against those who caused unimaginable pain letting Carlson Bier act as beacon during gloomy times guiding victims like yourself towards paths crowded, not by despair, but poignant victories affirming that above everything else life remains invaluable particularly when extinguished prematurely on account of others’ negligent actions or willful wrongdoings.

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Wrongful Death FAQ​

Wrongful death occurs when a person’s death is caused by the negligence or recklessness of another person.

The following people may be able to file a wrongful death lawsuit:

  • The spouse or children of the deceased
  • The parents of the deceased
  • The siblings of the deceased
  • The personal representative of the deceased’s estate

To prove a wrongful death claim in Illinois, the plaintiff must prove the following elements:

  • The defendant owed the deceased a duty of care.
  • The defendant breached that duty of care.
  • The breach of duty caused the death of the deceased.
  • The plaintiff suffered damages as a result of the death of the deceased.

In a wrongful death lawsuit in Illinois, you may be able to recover the following types of damages:

  • Pecuniary damages: These damages are designed to compensate the plaintiff for the financial losses they have suffered as a result of the death of the deceased. This could include lost wages, medical expenses, and funeral expenses.
  • Non-pecuniary damages: These damages are designed to compensate the plaintiff for the non-financial losses they have suffered as a result of the death of the deceased. This could include pain and suffering, loss of consortium, and loss of parental guidance.

The statute of limitations for wrongful death lawsuits in Illinois is two years. This means that you have two years from the date of the death to file a lawsuit.

If you have any questions about your legal rights or options after a wrongful death, you should contact an experienced wrongful death attorney.

All Attorney Services in Canton

Areas of Practice in Canton

Cycling Mishaps

Dedicated to legal advocacy for people injured in bicycle accidents due to other parties' recklessness or unsafe conditions.

Scald Damages

Offering skilled legal help for victims of serious burn injuries caused by accidents or carelessness.

Medical Malpractice

Offering specialist legal assistance for patients affected by healthcare malpractice, including misdiagnosis.

Items Obligation

Addressing cases involving problematic products, extending adept legal support to clients affected by defective items.

Nursing Home Abuse

Defending the rights of seniors who have been subjected to misconduct in senior centers environments, ensuring protection.

Trip & Slip Injuries

Adept in addressing stumble accident cases, providing legal services to individuals seeking redress for their losses.

Newborn Damages

Extending legal assistance for households affected by medical misconduct resulting in childbirth injuries.

Automobile Mishaps

Incidents: Concentrated on aiding clients of car accidents obtain appropriate settlement for harms and damages.

Motorcycle Collisions

Specializing in providing representation for bikers involved in two-wheeler accidents, ensuring fair compensation for harm.

18-Wheeler Mishap

Ensuring expert legal services for persons involved in semi accidents, focusing on securing fair recovery for hurts.

Building Accidents

Engaged in advocating for laborers or bystanders injured in construction site accidents due to oversights or misconduct.

Cognitive Harms

Focused on offering compassionate legal advice for patients suffering from neurological injuries due to carelessness.

Dog Attack Wounds

Expertise in dealing with cases for individuals who have suffered harms from K9 assaults or beast attacks.

Pedestrian Mishaps

Specializing in legal representation for foot-travelers involved in accidents, providing professional services for recovering compensation.

Unfair Death

Standing up for relatives affected by a wrongful death, delivering empathetic and experienced legal guidance to ensure redress.

Spine Harm

Specializing in representing victims with spinal cord injuries, offering professional legal support to secure compensation.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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