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Wrongful Death Attorney in Charleston

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About Carlson Bier Associates

Carlson Bier Law Firm, a leading judicial entity in the state of Illinois, is renowned for its expertise in Wrongful Death cases. The group has an outstanding history of providing unparalleled support and personalized representation which are tailored to each individual’s unique circumstances.

Dealing with the loss brought by a wrongful death situation is distressing; this law firm takes pride in standing shoulder-to-shoulder with bereaved families, diligently working towards securing justice on their behalf. In Charleston where lives sadly pivot on such heartbreaking situations every year, Carlson Bier consistently brings forth unmatched legal counsel.

The strength of Carlson Bier lies not only within their extensive experience but also through their genuine empathy reflecting dedication towards client welfare– making them an optimum choice during such trying times.

Moreover, they display tenacious pursuit for rightful compensations while ensuring that every intricate detail surrounding your unfortunate loss gets meticulously examined under the purview of both federal and local laws applicable to Charleston. Choose Carlson Bier attorneys – because you deserve nothing short of the best when it comes to seeking justice for tragic losses due to someone else’s actions.

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About Carlson Bier

Wrongful Death Lawyers in Charleston Illinois

At Carlson Bier, ensuring you get justice is our top priority. As experienced personal injury attorneys based in Illinois, we have a specialized grasp on handling cases involving wrongful death. Wrongful death claims occur when an individual dies due to the legal fault of another person or entity. These scenarios are understandably stressful and emotionally draining for surviving loved ones who often need both comfort and reassurance.

The concept of wrongful death may be overwhelming for many people so let’s distill it down to its simplest form:

• A wrongful death suit holds a party responsible for the decedent’s passing.

• Wrongful deaths can be triggered by various events such as medical malpractice, automobile accidents, occupational hazard exposure, or even intentional harm.

• Under Illinois law, this claim is usually filed by the personal representative of the deceased’s estate.

Navigating through these legal processes while grieving can exert immense strain on already distressed families; that’s why we’re here to help. We ensure minimizing your distress becomes our responsibility. Our expert team at Carlson Bier will guide you every step of the way with empathy and professionalism.

With a plethora of complex aspects influencing verdicts in wrongful death lawsuits – from presenting compelling evidence to understanding intricacies surrounding damage calculations – grappling with nuances alone isn’t advisable. Here are key reasons why engaging professional representation plays a critical role:

• Detailed Investigation: Our seasoned attorneys leave no stone unturned in conducting thorough investigations, building strong cases for our clients.

• Negotiation Expertise: Insurance companies are notorious for offering low settlements; having excelled negotiators like us ensures settlement fairness.

• Representation In Court: If negotiations fail to meet ends satisfactorily – rest assured knowing your interests will be fiercely represented in court by veteran litigators.

There exist multiple components within damages awarded in wrongful-death suits including loss of companionship (for spouses) and parental guidance (for children), pecuniary losses including funeral and burial costs, pain and suffering experienced by the deceased as well as lost income. Various factors determine these amounts–major ones include earning capability of deceased (age, health condition etc.), decedent’s relationship with claimants in addition to any shared household contributions.

At Carlson Bier, we strive not just for justice but for fairness too. We firmly believe that no family should bear financial hardships triggered by a wrongful death apart from their emotional sorrow. Compassion underscores our professional responsibilities; restorative justice fuels our commitment in giving you and your loved ones the support needed during these challenging times.

Remember – initiating legal proceedings might seem daunting amidst grieving over a loss but it is important nonetheless. Securing financial help can ensure you don’t struggle with unexpected expenses or loss of income following a devastating event.

Explore options tailored for your unique circumstance situation: click on the button below to discover the potential worth of your case today – all inquiries are confidential and free of charge. Partner with us at Carlson Bier – together let’s traverse this difficult path towards achieving justice, peace – and closure.

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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 Charleston

Areas of Practice in Charleston

Cycling Incidents

Specializing in legal representation for victims injured in bicycle accidents due to others' lack of care or perilous conditions.

Burn Traumas

Extending expert legal advice for sufferers of grave burn injuries caused by events or misconduct.

Medical Incompetence

Extending expert legal support for individuals affected by clinical malpractice, including negligent care.

Merchandise Accountability

Handling cases involving defective products, delivering specialist legal guidance to consumers affected by harmful products.

Geriatric Neglect

Protecting the rights of aged individuals who have been subjected to mistreatment in aged care environments, ensuring compensation.

Tumble and Slip Mishaps

Skilled in tackling tumble accident cases, providing legal assistance to clients seeking restitution for their losses.

Childbirth Wounds

Supplying legal help for kin affected by medical malpractice resulting in newborn injuries.

Motor Collisions

Collisions: Devoted to aiding patients of car accidents receive appropriate payout for hurts and impairment.

Scooter Accidents

Expert in providing legal support for motorcyclists involved in scooter accidents, ensuring rightful claims for injuries.

Trucking Mishap

Providing expert legal support for clients involved in semi accidents, focusing on securing appropriate recompense for losses.

Construction Site Collisions

Concentrated on defending employees or bystanders injured in construction site accidents due to carelessness or carelessness.

Cerebral Harms

Dedicated to providing expert legal support for patients suffering from brain injuries due to carelessness.

Dog Attack Injuries

Proficient in managing cases for persons who have suffered traumas from dog bites or beast attacks.

Pedestrian Crashes

Focused on legal representation for pedestrians involved in accidents, providing effective representation for recovering recovery.

Wrongful Loss

Fighting for grieving parties affected by a wrongful death, supplying empathetic and skilled legal representation to ensure restitution.

Neural Impairment

Expert in supporting individuals with backbone trauma, offering compassionate legal assistance 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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