Wrongful Death Attorney in Casey

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About Carlson Bier Associates

In the difficult event of a wrongful death, Carlson Bier stands as an unwavering beacon of justice for Casey community residents. Our skilled team possesses a deep understanding and profound expertise in such sensitive cases, combined with the diligence necessary to secure just compensation for our clients. Your trust is our vow — every case we handle receives close attention to detail and personalized care, ensuring that your specific legal needs are adequately met by people you can count on. At Carlson Bier, compassion underpins our professional approach; we strive to alleviate some of the emotional hardship caused by your loss through diligent action aimed at securing rightful restitution. Experience proves crucial in litigating wrongful death claims – something Carlson Bier’s distinguished portfolio attests to. We proudly offer legal services that embody both competency and empathy because at its core, practicing law is about empathizing with human pain then transforming it into tangible justice—it’s what sets us apart as optimal representation CEOurt room.

About Carlson Bier

Wrongful Death Lawyers in Casey Illinois

At Carlson Bier, we have established our reputation as a leading personal injury law firm in Illinois, specializing among other things, in Wrongful Death cases. Our dedicated team of experienced attorneys is committed to educating potential clients about this complex area of law and helping them understand the various aspects involved.

Wrongful death is defined as a death that occurs due to the negligent or intentional act of another person or entity. The survivors of the deceased can file a lawsuit seeking compensation for their loss and suffering. As wrongful death lawyers at Carlson Bier, it’s our mandate to facilitate justice for those grappling with such a profound loss.

Understanding wrongful death claims can be convoluted without proper guidance. We believe knowledge brings clarity – here are several essential facets:

• Duty of care: Every individual or business has an obligation to behave responsibly and avoid causing harm to others.

• Breach of duty: This denotes that the accused did not uphold their duty of care.

• Causation: It must be proven that this breach directly resulted in the fatality.

• Damages: Documentable evidence illustrating how the survivor(s) have suffered due to this incident.

The applicable damages in wrongful death suits take into account multiple factors like lost wages from the departed, lost companionship, emotional trauma, unpaid medical bills prior to demise, funeral expenses

We agree no monetary amount can compensate for your loss but aim that fair recovery helps lighten some financial burdens accompanying such tragedies. At Carlson Beir we relentlessly strive towards maximizing your award settlement while you focus on coping with your grief.

Do remember though each case carries its unique specifications; thus highlighting pre-existing deadlines or “statute of limitations”, which you need to adhere by when filing a claim. In Illinois specifically, it typically falls within 1-2 years post-death; failure in adhering may lead up to losing legal rights demanding restitution from defendant’s negligent actions responsible for your loved one’s death.

Pursuing a wrongful death suit acknowledges quick action, thorough investigations and thoughtful strategy; all of which our experienced attorneys at Carlson Bier bring to the table. We craft compelling cases designed to hold the negligent parties accountable for their actions and pursue justice on your behalf.

While handling your case with care and competence – we could not stress enough on prioritizing you as our main concern. The trauma surround loss is debilitating thus we promise compassion and sensitivity along this journey while maintaining professional decorum in legalities involved.

Having said that, wrongful death blame-placing may involve difficult confrontations hence it’s crucial acquiring sound legal representation who would navigate potentially contentious waters successfully stretching beyond mere courtroom confrontations.We conduct comprehensive investigations building cogent case favoring your position strongly backed by palpable evidence making sure culprits are called out effectively.

Unlike other law firms, Carlson Bier operates solely on contingency basis i.e., we don’t get paid unless you win ensuring streamlined priority focus towards winning your case without any additional financial burdens incurred. This reinforces unshakeable trust that clientele places in us knowing their ultimate satisfaction remains paramount for us across all dealings irrespective of outcome.

Personal injury laws can be overwhelming when presented alone even more so if paired up with grief.Taking first step towards assistance might seem daunting but remember what awaits at the end of challenging yet possible quest-JUSTICE!

Have an insight into “How much my case worth?”, feel liberated exploring potential compensation value you stand upon simply clicking button below guiding you forward smoothly setting up initial free consultation with one of our specialist wrongful death attorney crafting plans demanding justice rightfully owed.

So go ahead empower yourselves claim what’s rightfully yours let’s face losses together ensuring fair battles fought well won serving justice deservedly promised under Illinois law.

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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 Casey

Areas of Practice in Casey

Pedal Cycle Mishaps

Expert in legal services for people injured in bicycle accidents due to others' negligence or risky conditions.

Thermal Traumas

Supplying professional legal help for victims of grave burn injuries caused by mishaps or carelessness.

Clinical Malpractice

Offering dedicated legal support for victims affected by clinical malpractice, including negligent care.

Products Fault

Taking on cases involving faulty products, supplying specialist legal help to victims affected by faulty goods.

Elder Mistreatment

Advocating for the rights of nursing home residents who have been subjected to abuse in nursing homes environments, ensuring compensation.

Tumble & Tumble Mishaps

Professional in addressing slip and fall accident cases, providing legal services to clients seeking recovery for their damages.

Newborn Wounds

Delivering legal aid for families affected by medical incompetence resulting in neonatal injuries.

Auto Mishaps

Incidents: Focused on helping sufferers of car accidents gain reasonable payout for damages and damages.

Motorbike Incidents

Focused on providing legal assistance for victims involved in scooter accidents, ensuring rightful claims for injuries.

Truck Incident

Offering expert legal assistance for individuals involved in semi accidents, focusing on securing rightful claims for harms.

Construction Mishaps

Concentrated on defending staff or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Neurological Impairments

Dedicated to offering dedicated legal assistance for victims suffering from cerebral injuries due to negligence.

Dog Attack Injuries

Specialized in handling cases for clients who have suffered harms from dog attacks or wildlife encounters.

Pedestrian Collisions

Committed to legal advocacy for walkers involved in accidents, providing expert advice for recovering claims.

Wrongful Death

Advocating for grieving parties affected by a wrongful death, offering sensitive and adept legal support to ensure justice.

Spine Injury

Expert in assisting victims with spine impairments, offering specialized legal assistance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer