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Wrongful Death Attorney in Centralia

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About Carlson Bier Associates

Suffering the loss of a loved one due to another’s negligence is devastating. During such challenging times, Centralia citizens deserve compassionate yet aggressive representation from an accomplished law firm. Carlson Bier stands tall as the go-to Wrongful Death attorneys you can trust in these dire circumstances. We comprehend the pain and distress coupled with losing a significant family member unexpectedly, thus ensure that clients receive fair compensation for their losses while diligently advocating for their rights throughout this journey. With our profound knowledge of Illinois laws surrounding wrongful death claims and steadfast dedication towards justice, we align your case with compelling legal strategies backed by evidence-based arguments to secure favorable outcomes.. As a group dedicated solely to personal injury cases including wrongful death lawsuits since its inception; Carlson Bier employs strategic expertise and tenacious pursuit in all engagements; truly representing people over profits At Carlson Bier, we seek justice because we understand that it brings closure – reinforcing confidence on why choosing us would be advantageous when seeking professional legal aid on Wrongful Death matters.

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About Carlson Bier

Wrongful Death Lawyers in Centralia Illinois

Carlson Bier, your esteemed Illinois-based personal legal injury team, masters the complexities of Wrongful Death litigation. As a group of dedicated personal injury attorneys, we affirm our commitment to securing justice and compensation for unfortunate individuals who suffer devastating loss due to another party’s negligence or intentional actions.

Wrongful death case is a highly nuanced subset of personal injury law which arises when an individual passes away as a result of another person or entity’s illegal conduct or negligence. Some common examples include passing due to medical malpractice, car accidents, product defect incidents, and workplace fatalities among others.

Perhaps one of the most significant features encompassing wrongful death cases is that they are strictly civil actions rather than criminal activities. What this means is that these lawsuits seek financial compensation rather than penal punishment for wrongdoing parties. Distinctly separate from any criminal trial related to the decedent’s demise, wrongful death action can move forward in legislation regardless of whether a corresponding criminal lawsuit has been initiated.

In every wrongful death claim settlement in Illinois State Law:

• The plaintiff must have legal standing: Meaning it should be the executor or administrator of the deceased’s estate who takes up this cause.

• Prove negligence: It must be clearly demonstrated that the defendant owed a duty to take care for safety and health consideration for others which they failed to meet by their negligent acts causing fatality.

• Must show causation: To win a case there needs some substantial evidence that proves defendant’s liability had directly resulted in victim’s untimely death.

• Financial losses need verification: Evidence showing specific financial prejudices experienced because of loved one gone too soon – everything ranging from emotional agony to lost income support – needs provided proving tangible harm has indeed taken place

Few additional key points worth noting on nuances surrounding Illinois state statutes:

• Time limits under Statute Of Limitations: In Illinois tragic wrongful deaths need reported within two years after loss occurrence for successful representation before court

• Equitable sharing of damages: Whatever amount is recovered via the wrongful death lawsuit among surviving spouse and immediate kin in a manner that court finds fair.

Carlson Bier’s proficient attorneys are thoroughly versed with all these elements making our clients’ cases strong to achieve effective results. We stand by your side, understanding your grief while relentlessly pursuing justice in every possible way for families experiencing such catastrophic circumstances of losing loved ones.

Our goal at Carlson Bier is simple: Obtain just compensation for survivors while ensuring accountability from those responsible for tragic losses. Your loss isn’t merely quantified as numbers—it represents someone whom you cared deeply about. This understanding fuels our quest as we tirelessly strive toward affirming your rightful claim—a claim staked on justice.

Through this journey towards justice and closure, we know choosing the right legal partner can make the difference between falling into despair or reaffirming faith in fairness. Hence, linking arms with Carlson Bier’s exalted expertise as personal injury attorneys makes logical sense—an undeniably cogent choice especially when confronting adversarial contingent resulting from Wrongful Death imbroglios

To receive an analysis personalized to your unique situation which helps unravel how much your case is potentially worth—Click on the button below. Time matters most in such omega suffering situations thus heeding early recourse becomes essential more than ever. Let’s collaborate today rendering Law its charm of defending innocents’ rights because mourning shouldn’t deprive you of discernible sustenance necessary to go on living albeit minus one precious life irretrievable.

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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 Centralia

Areas of Practice in Centralia

Bike Accidents

Dedicated to legal representation for people injured in bicycle accidents due to other parties' indifference or risky conditions.

Thermal Burns

Giving professional legal advice for people of serious burn injuries caused by incidents or misconduct.

Physician Negligence

Delivering dedicated legal support for persons affected by hospital malpractice, including negligent care.

Products Fault

Taking on cases involving unsafe products, offering skilled legal assistance to consumers affected by product-related injuries.

Geriatric Misconduct

Supporting the rights of nursing home residents who have been subjected to malpractice in elderly care environments, ensuring justice.

Trip and Trip Incidents

Adept in handling trip accident cases, providing legal assistance to sufferers seeking compensation for their injuries.

Childbirth Traumas

Offering legal assistance for loved ones affected by medical negligence resulting in birth injuries.

Car Accidents

Accidents: Focused on guiding victims of car accidents get reasonable recompense for hurts and damages.

Scooter Accidents

Expert in providing legal support for bikers involved in two-wheeler accidents, ensuring justice for injuries.

18-Wheeler Collision

Providing experienced legal support for persons involved in truck accidents, focusing on securing fair recovery for injuries.

Construction Site Crashes

Focused on defending laborers or bystanders injured in construction site accidents due to negligence or negligence.

Head Damages

Expert in providing specialized legal advice for patients suffering from cerebral injuries due to carelessness.

K9 Assault Harms

Adept at managing cases for people who have suffered harms from puppy bites or animal assaults.

Cross-walker Mishaps

Specializing in legal advocacy for walkers involved in accidents, providing professional services for recovering damages.

Unjust Death

Striving for families affected by a wrongful death, delivering empathetic and expert legal support to ensure redress.

Neural Injury

Expert in supporting victims with spinal cord injuries, offering specialized legal guidance to secure settlement.

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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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