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Wrongful Death Attorney in Carthage

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About Carlson Bier Associates

In the wake of experiencing a tragic loss due to wrongful death, you need compassionate yet tenacious legal representation. Carlson Bier is a premier personal injury law firm in Illinois specializing in wrongful death cases. Our dedicated team of experienced attorneys provides aggressive representation and personalized care designed to meet your unique needs.

Navigating through such circumstances often proves challenging for victims’ families grappling with emotional trauma coupled with complex legal procedures. In such distressing times, putting your trust on Carlson Bier ensures that the claims process proceeds smoothly while you focus on healing and remembrance.

What sets us apart? We acknowledge no two situations are alike – our strategic approach highlights thorough investigations, robust advocacy combined with round-the-clock support making sure maximum compensation reach rightful hands timely minimizing financial burdens precipitated by devastating unanticipated loss.

Excelling at proving negligence or intentional misconduct causing fatality has placed us among paramount options when considering an expert wrongful death attorney unit in Illinois state boundaries. Trust that professionalism laced with empathy will guide every interaction at Carlson Bier as we commit our resources towards achieving justice bringing peace during this difficult phase.

About Carlson Bier

Wrongful Death Lawyers in Carthage Illinois

Undeniably, the sudden death of a loved one is an emotionally traumatic event. When such a tragedy occurs due to another’s negligence or wrongdoing, it further compounds your grief and adds an unexpected financial burden on you and your family. Recognizing this unfortunate reality, Carlson Bier law firm based in Illinois specializes in wrongful death cases.

Let’s delve into the understanding of ‘Wrongful Death.’ Though it inherently indicates that someone’s negligent behavior led to another person’s demise, there is more depth to its legal definition. Wrongful Death is a term used in civil litigation whereby survivors can file lawsuits against individuals or entities directly responsible for their loved one’s untimely departure from life.

• The primary purpose behind these lawsuits is to seek fair compensation for losses experienced by the decedent’s immediate family.

• It includes factors like loss of wages which the deceased would have earned if they had lived, medical expenses incurred before death, funeral/burial costs, loss of companionship/consortium, etc.,

• Apart from tangible losses mentioned above, punitive damages could also be awarded sometimes as punishment for extraordinarily reckless conduct leading to death.

Carlson Bier possesses extensive knowledge coupled with decades of experience handling deadly negligence claims across diverse sectors including vehicular accidents; surgical errors; product failures; industrial accidents; abuse/neglect at nursing homes and much more. Hence our team has both breadth and depth when it comes to successfully representing families experiencing tragic loss through no fault of their own but due to the carelessness or callousness of others.

Remember that unlike other personal damage suits where injured parties themselves fight their legal battles – in wrongful deaths families often grapple not only with immense sorrow but also navigate complex legal procedures on behalf of deceased victims. It calls for not just intrinsic empathy but adherence to precise statutes especially since liability is measured purely monetarily without considering subjective factors like pain/suffering related emotions etc.,

Undoubtedly, there is no monetary value that can replace the loss of a loved one. However, compensation from wrongful death lawsuits can alleviate financial burdens caused by your unexpected and unimaginable loss. Every case, however, has its unique set of facts and circumstances which require careful evaluation for delivering just award.

• It includes estimating projected earnings considering victim’s age/health/character;

• Calculating pecuniary losses based on survivorship duration;

• Ascertaining affections/support/services values in terms of current dollar worth etc.,

This requires meticulous analysis and strategic approach that we at Carlson Bier are equipped to handle with our unflinching commitment towards making things right.

Now let’s talk about limitations – Illinois statutes constrain legal course available post untimely demise. The Wrongful Death ‘Statute of Limitations,’ typically two years in Illinois commences from the date when death occurred not discovered. Meaning you must commence your lawsuit within said deadline failing which may result losing rights to recover compensation.

Also important here is understanding that every negligent action won’t necessarily lead to wrongful death claims especially if victims survive their injuries —- because then it’ll be considered personal injury instead where victim could sue for own damages but upon death families take up this mantle albeit from a different perspective representing decedent’s estate.

As the laws governing these cases can get extremely complex and overwhelming without professional help Carlson Bier stands firmly by your side advocating tirelessly on behalf family offering unmatched representation so together we strive towards ensuring justice served rightly on time.

Dealing with the aftermath of such a tragedy can cause you sleepless nights pondering over ‘how’ / ‘why’. But rest assured knowing Carlson Bier has got your back providing expert guidance through all stages of litigation striving unremittingly for fair recompense duly owed under law thus enabling focus more on healing during such trying times.

Please do not hesitate! Click Below now and learn about the potential value of your case and give us an opportunity to transform this tribulation into a journey towards seeking justice. Remember! You’re not alone — Carlson Bier is with you every step of the way because we care.

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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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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 Carthage

Areas of Practice in Carthage

Two-Wheeler Collisions

Focused on legal advocacy for persons injured in bicycle accidents due to negligent parties' carelessness or risky conditions.

Thermal Wounds

Providing skilled legal support for patients of serious burn injuries caused by accidents or recklessness.

Clinical Malpractice

Providing experienced legal representation for patients affected by clinical malpractice, including surgical errors.

Merchandise Obligation

Dealing with cases involving defective products, supplying expert legal services to victims affected by faulty goods.

Nursing Home Misconduct

Supporting the rights of elders who have been subjected to malpractice in care facilities environments, ensuring compensation.

Slip & Slip Occurrences

Expert in handling tumble accident cases, providing legal advice to persons seeking compensation for their injuries.

Infant Wounds

Supplying legal support for loved ones affected by medical malpractice resulting in childbirth injuries.

Motor Incidents

Accidents: Concentrated on aiding sufferers of car accidents obtain appropriate recompense for wounds and harm.

Scooter Mishaps

Expert in providing representation for motorcyclists involved in scooter accidents, ensuring just recovery for traumas.

Semi Mishap

Extending specialist legal representation for persons involved in truck accidents, focusing on securing adequate settlement for harms.

Construction Site Accidents

Committed to representing employees or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Head Damages

Dedicated to offering dedicated legal advice for clients suffering from cognitive injuries due to accidents.

Dog Bite Traumas

Skilled in tackling cases for persons who have suffered wounds from puppy bites or animal assaults.

Foot-traveler Accidents

Dedicated to legal advocacy for cross-walkers involved in accidents, providing expert advice for recovering recovery.

Unjust Death

Fighting for bereaved affected by a wrongful death, delivering caring and experienced legal support to ensure compensation.

Neural Damage

Expert in supporting individuals with spinal cord injuries, offering dedicated legal support to secure redress.

Contact Us Today if you need a Person Injury Lawyer