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Wrongful Death Attorney in Chillicothe

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About Carlson Bier Associates

Carlson Bier, recognized across Illinois, carries an undeniable reputation for assiduously representing clients in Wrongful Death cases. With our vast experience and knowledge of wrongful death laws within the state, we confidently navigate the complexities surrounding such traumatic events. Our dedicated team at Carlson Bier ensures that your claim is painstakingly prepared, argued convincingly with credible evidence to bring justice for the loss of loved ones. We believe in articulating a compelling case while demonstrating definitive legal breaches that led to fatal outcomes. Importantly, we understand the emotional toll these situations take; compassion is a central pillar underlining every interaction with our clients. The advocates here are committed not only to securing rightful compensation but also towards offering guidance during those times when everything seems unbearable due to sudden tragedy. Trust us at Carlson Bier – every life matters considerably and deserves utmost dignity even in their unfortunate demise – it’s a belief reflected through all services rendered by us.

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About Carlson Bier

Wrongful Death Lawyers in Chillicothe Illinois

The heartbreaking reality of a loved one’s untimely death is an overwhelming ordeal to grapple with. When the loss is due to unjust circumstances, the pain and emotional upheaval can feel insurmountable. At Carlson Bier, we understand that no amount of monetary compensation can replace your loss. However, if you’re in Illinois and dealing with a wrongful death case, our seasoned personal injury attorneys are here to ease the legal burden so you can better focus on grieving and ensuring your loved one’s memory prevails.

Wrongful death claims arise when a person is fatally injured as a result of negligence or misconduct by another individual or entity. Some common instances where such cases may be applicable include: road traffic accidents due to reckless driving; medical malpractice where healthcare providers fail in their duty of care; defective products leading to fatal injuries; workplace accidents because of insufficient safety measures, or purposeful violence resulting in fatality.

• The defendant had a lawful duty towards the deceased (like an employer providing safe working conditions).

• This duty was breached through negligent actions (speeding by a driver results in an accident.)

• The breach directly resulted in death (a misdiagnosis leads to fatal consequences).

• Monetary damages ensued from the wrongful death (loss of income from the deceased.)

One significant aspect about wrongful death cases is understanding who has the legal standing – it could involve spouses, children or parents depending upon specific state laws-familiar territory for us at Carlson Bier.

Understanding all these intricacies without professional guidance is undoubtedly tedious and time-consuming during an already challenging period. That’s precisely why our experienced attorneys at Carlson Bier are ready to help navigate this arduous process-productively channeling your rightful grief into securing justice for your departed loved one. From proving fault for wrongful deaths right up until obtaining proportionate compensation-each step demands expertise which we bring onboard with dignity and compassion.

Illinois law remains clear-cut on various aspects of wrongful death disputes-ranging from the statute of limitations to damage awards. Several such regulations were updated in 2007 expanding survivor rights, one example being The Survival Act which allows compensation for the pain and suffering endured by victims before their demise.

A standout facet when fighting for a successful wrongful death claim is retaining a proficient personal injury attorney with an excellent track record. It ensures that you are equipped with sound legal advice while also keeping your emotional well-being intact during tough times.

Our attorneys at Carlson Bier aim to do precisely this; we help translate your justifiable anguish into substantive claims. By managing all necessary paperwork promptly, efficiently handling court appearances or ensuring unerring communication with insurance firms-we shoulder this burden so you don’t have to.

In conclusion, emerging successful from a wrongful death dispute requires comprehensive knowledge about regulatory laws combined with empathetic care towards grieving clients -attributes Carlton Bier proudly offers. We grasp both the tangible impact (financial loss) and intangible consequences (loss of companionship & guidance) resulting from sudden fatalities and ensure these elements strongly underline your rightful case. Don’t let geographical constraints deter you—we may not be located in every city across Illinois–but our unrivaled professional commitment remains unfaltering wherever you reside.

So as daunting as it may seem initially-take comfort in knowing that the experienced team at Carlson Bier stands steadfastly by your side – converting overpowering grief into constructive justice-seeking action. If you think your loved one’s untimely passing could constitute a wrongful death, click below now—it’s time to find out what compensation might await you.

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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 Chillicothe

Areas of Practice in Chillicothe

Bike Collisions

Dedicated to legal representation for clients injured in bicycle accidents due to responsible parties' lack of care or perilous conditions.

Thermal Injuries

Extending adept legal support for individuals of major burn injuries caused by occurrences or recklessness.

Healthcare Malpractice

Ensuring professional legal support for individuals affected by physician malpractice, including medication mistakes.

Commodities Obligation

Managing cases involving defective products, delivering specialist legal support to clients affected by product-related injuries.

Geriatric Mistreatment

Supporting the rights of elders who have been subjected to abuse in senior centers environments, ensuring fairness.

Fall & Trip Incidents

Professional in dealing with trip accident cases, providing legal services to individuals seeking recovery for their injuries.

Newborn Traumas

Supplying legal support for kin affected by medical incompetence resulting in birth injuries.

Vehicle Accidents

Collisions: Dedicated to guiding victims of car accidents gain reasonable compensation for hurts and harm.

Bike Crashes

Dedicated to providing legal assistance for individuals involved in motorbike accidents, ensuring adequate recompense for damages.

Semi Mishap

Providing specialist legal assistance for clients involved in semi accidents, focusing on securing just recovery for hurts.

Building Accidents

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

Brain Injuries

Committed to extending dedicated legal advice for individuals suffering from cognitive injuries due to carelessness.

Dog Attack Wounds

Proficient in addressing cases for victims who have suffered damages from K9 assaults or creature assaults.

Jogger Incidents

Committed to legal support for walkers involved in accidents, providing comprehensive support for recovering restitution.

Undeserved Loss

Advocating for grieving parties affected by a wrongful death, delivering empathetic and expert legal guidance to ensure justice.

Spinal Cord Trauma

Committed to supporting persons with spine impairments, offering expert legal representation to secure redress.

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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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