Wrongful Death Attorney in Central

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About Carlson Bier Associates

If you are navigating the tragic waters of a wrongful death claim in Central, consider making Carlson Bier your port in this storm. We excel at representing families dealing with such devastating circumstances and we carry a solid understanding of Illinois’ Wrongful Death Act. Our experiences have shaped our strong advocacy for justice, our compassionate engagement with clients, and our relentless pursuit to secure compensation they deserve: medical expenses, lost wages, survivor’s grief counseling—We target every area possible to alleviate your financial burdens during this pressing time.

Carlson Bier steers savvy legal strategies sympathetically since client relief is paramount — A testimony that has seen us celebrate numerous sizable settlements success stories. Allow us to step into your shoes; defending the rights of your loved ones isn’t merely paperwork but also cherishing their memory in demanding fair rectitude.

With pain comes strength – At Carlson Bier associates we stand with you all through these times. Trusting us translates into an informed walk down resolution path—the best consideration for handling wrongful death matters here in Central; It’s not just about winning cases—it’s about helping families find hope amidst despair.

About Carlson Bier

Wrongful Death Lawyers in Central Illinois

Carlson Bier, acclaimed personal injury attorneys headquartered in Illinois, is uniquely equipped and unswervingly dedicated to representing victims of wrongful death and their families. If you or a loved one has suffered the unthinkable loss due to another’s negligence or deliberate act, our expert legal team provides comprehensive assistance in the pursuit of justice.

Wrongful death claims can be complex and emotionally draining. A robust understanding is vital to ensure your rights are upheld. In essence, wrongful death refers to a situation where an individual loses life due to third party culpability; this may stem from malpractice, dangerous working environments, reckless driving, faulty products among other scenarios.

Three key aspects need synchronization for filing a successful claim:

1. Proving Negligence: This shows that the wrongful death was caused by careless actions, neglect or intentional harm.

2. Proving Breach of Duty: The defendant must have owed the deceased a ‘duty of care’ which they failed in upholding resulting in fatal consequences.

3. Proving Causation: A definitive link must exist between the defendant’s conduct and the victim’s demise.

At Carlson Bier, we shoulder these responsibilities with tenacity to secure optimal outcomes for grieving clients – whether through out-of-court settlements or persuasive courtroom representations.

Our attorneys meticulously amass evidence demonstrating negligence while establishing duty-of-care breaches by defendants leading towards irrefutable causation proofs – all driven towards securing justice for your profound loss.

Monetary compensation derived from wrongful death litigation factors several parameters. These encompass pre-death medical costs, funeral expenses besides financial losses experienced by survivors constituting lost wages or lost benefits.

Besides quantifiable elements like medical bills and lost earnings; non-economic damages are also claimable particularly concerning psychological trauma relating directly to abrupt bereavements such as shock, grief coupled with emotional distresses embodied through anxiety plus depression episodes et al lying outside conventional monetary domains yet forming pivotal case aspects within wrongful death suits.

In Illinois, beneficiaries eligible for filing a wrongful death lawsuit encompass spouses, immediate offspring plus parents if decedents were minors – essentially closest surviving kin or legal representatives of the deceased’s estate. If no direct heirs exist then siblings, nephews and nieces are also entitled to seek claims.

Navigating complex laws surrounding wrongful deaths while wrangling with raw emotional turmoil can become an overwhelming task. Here’s where Carlson Bier steps in as your unyielding ally – channelizing our resources towards ardent advocacy representing your interests foremost against insurance companies’ defense attorneys seamlessly guiding you every step of the way.

Our proven track record testifies unwavering commitment towards securing substantial settlements or verdicts that aptly compensate clients for their incalculable and everlasting loss. Upholding justice forms the cornerstone of our litigation approach – acting as that reliable buffer between convoluted laws and aggrieved parties suffering personal tragedies through wrongful deaths.

Every case is unique; hence it’s vital not to compare one trial result to another while attaching undue expectations from compensation payouts; therefore we zealously focus on individual client cases devising tailor-made strategies forged on related circumstances peculiarities dictating potential outcomes within these highly specialized legal contexts.

Remember time is always of essence when dealing with wrongful death lawsuits considering statutes’ limitations applicable statewide which stipulate specific frames within which claims must be filed post occurrences of tragic fatalities – missing this ‘deadline’ could nullify any chances of seeking rightful compensations negating justice prospects entirely regardless how compelling available evidence might appear.

Seeking professional help during these testing times should never symbolize weakness but rather embody a practical decision born out from courage and determination emphasizing resolute stands against prevailing injustices ensuring perpetrators face rightful consequences thereby sending strong societal deterrent messages indirectly bolstering communal safety indexes potentially saving countless lives down the line echoing ‘never again’.

At Carlson Bier, compassion meets actionable legal expertise forming formidable partnerships authentically representing families reeling from unimaginable losses stemming from wrongful deaths. Together, we turn the wheels of justice in favor of victims, unremittingly fighting for rightful compensation that stand as testaments to honor cherished lives unjustly cut short.

Contemplating the question of ‘worth’ of your loss can feel overwhelming – but it is an essential step towards making legal strides against those at fault. Click on the button below and let us help you ascertain the potential value of your case through our free consultation service. Let Carlson Bier champion your cause – advocating tirelessly for entities duly entitled; not for mere cases numbers whilst engraving indelible imprints on your pathway through healing and recovery backed by equitable remedies reinstituting fair balance into shattered lives.

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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 Central

Areas of Practice in Central

Two-Wheeler Accidents

Proficient in legal assistance for individuals injured in bicycle accidents due to negligent parties' indifference or hazardous conditions.

Flame Injuries

Extending specialist legal help for patients of severe burn injuries caused by events or misconduct.

Physician Incompetence

Offering experienced legal representation for clients affected by physician malpractice, including wrong treatment.

Products Fault

Taking on cases involving defective products, offering skilled legal help to individuals affected by product malfunctions.

Geriatric Malpractice

Defending the rights of aged individuals who have been subjected to abuse in senior centers environments, ensuring compensation.

Trip & Tumble Injuries

Adept in managing fall and trip accident cases, providing legal assistance to persons seeking compensation for their harm.

Childbirth Harms

Providing legal help for kin affected by medical carelessness resulting in neonatal injuries.

Vehicle Incidents

Accidents: Concentrated on aiding victims of car accidents get fair compensation for hurts and harm.

Motorbike Accidents

Committed to providing representation for victims involved in scooter accidents, ensuring just recovery for traumas.

18-Wheeler Mishap

Extending professional legal support for drivers involved in lorry accidents, focusing on securing appropriate compensation for injuries.

Worksite Accidents

Dedicated to assisting staff or bystanders injured in construction site accidents due to safety violations or negligence.

Brain Traumas

Dedicated to providing professional legal services for persons suffering from neurological injuries due to misconduct.

Canine Attack Injuries

Adept at handling cases for persons who have suffered damages from canine attacks or creature assaults.

Cross-walker Accidents

Committed to legal assistance for cross-walkers involved in accidents, providing professional services for recovering recovery.

Unwarranted Loss

Striving for relatives affected by a wrongful death, offering sensitive and experienced legal assistance to ensure justice.

Backbone Impairment

Specializing in advocating for persons with spinal cord injuries, offering professional legal guidance to secure compensation.

Contact Us Today if you need a Person Injury Lawyer