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Wrongful Death Attorney in Clay City

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About Carlson Bier Associates

Carlson Bier is your robust advocate when dealing with the consequences of a heartbreaking wrongful death incident in Clay City. With deep-rooted legislation knowledge, our attorneys diligently work to ensure justice is served for the untimely loss of your loved ones. We strategically navigate through complex Illinois laws surrounding Wrongful Death claims, providing tailored guidance and utmost compassion every step of the way.

Utilizing our extensive experience in working with Clay City families, Carlson Bier goes beyond legal representation; we provide understanding and moral support during such painful circumstances. Our mission embraces fighting relentlessly to secure deserved compensation that addresses financial burdens related to medical bills, funeral expenses or lost wages – elements that add up after such tragic incidents.

Choosing Carlson Bier means more than hiring just any lawyer group; you gain a dedicated partner focused on easing your distress by ensuring accountability prevails over negligence or misconduct leading to wrongful deaths. As seasoned litigators respected throughout Illinois for resemblant cases, we are unwaveringly firm against formidable insurance companies while safeguarding your rights vehemently. Trust Carlson Bier – committed professionals offering unyielding advocacy following a sorrowful Wrongful Death event.

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About Carlson Bier

Wrongful Death Lawyers in Clay City Illinois

At Carlson Bier, we extend our services as one of the most revered personal injury attorney groups based in Illinois. We grasp that no compensation can adequately replace your loved ones, but we are committed to ensuring justice through a claim for wrongful death. This kind of legal proceeding pertains to cases where individuals die due to the negligence or misconduct of another. It can help alleviate some financial strain resulting from this tragic event and deliver a sense of closure by holding the responsible parties accountable.

Navigating through the complex realm of wrongful death lawsuits requires expertise and dedication, both hallmarks of our seasoned lawyers at Carlson Bier. To shed light:

• Wrongful Death proceeds when an individual is killed due to someone’s negligence or direct action.

• A lawsuit can be filed by immediate family members, including spouses, children, parents (if deceased was unmarried) or siblings if permissible under state law.

• The damages awarded include loss of companionship/consortium, financial contributions expected from deceased till retirement age and funeral expenses among others.

Some circumstances causing a wrongful death may include auto accidents, medical malpractice events such as erroneous diagnosis or treatment, workplace incidents stemming from neglect safety protocols, product liability instances where goods labeled safe prove deadly upon use.

As with all litigation processes, time plays a critical role here too—the Statute of Limitations for filing a wrongful death lawsuit in Illinois generally caps at 2 years post-death occurrence caused through alleged negligent behavior. However nuanced variations occur depending on factors like discovery rules or nature’s specific cause—making it necessary to understand them thoroughly and more so vital not to delay reaching out for professional help.

Preceding factors give birth to nuances within each claim—for instance,

– While proving negligence rests on demonstrating lack thereof reasonable care leading up to fatal consequences—it will require different forms and degrees in an automobile accident versus medical malpractice

– Damages may take into account seemingly abstract elements like consortium loss—love, care and companionship victims offered their next of kin. Determining an equitable amount for these requires experience, sensitivity, and professional acumen

– The Statute of Limitations can occasionally extend based on the “Discovery Rule,” like in medical malpractice cases—where the ticking clock doesn’t start during injury infliction but when it first becomes discernible

Having a seasoned attorney group like Carlson Bier at your side means having professionals who will guide you through this intricate journey bearing insights gathered from years of specialized practice.

Notably, within the breadth of our service territories rests Illinois. We champion statewide legal assistance—in towns big and small without overstepping boundaries set by law—for we evidently respect that Illinois rules discourage advertising physical presence where there isn’t one. Accordingly, please do not take mention to imply offices across every nook and cranny versus adopting a mobile method where justice knows no bounds.

Dealing with losing a loved one is awful enough without worrying about the regulatory complications associated with wrongful death suits. Allow us to navigate those waters for you, making certain that not only is justice served but awarded compensation is also realized as per deserving entitlements. Kindly follow along by clicking on the button beneath to see how much your case is worth—we’re ready to back your pursuit of justice!

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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 Clay City

Areas of Practice in Clay City

Pedal Cycle Collisions

Specializing in legal services for persons injured in bicycle accidents due to responsible parties' recklessness or unsafe conditions.

Flame Burns

Extending expert legal help for patients of serious burn injuries caused by accidents or misconduct.

Clinical Negligence

Extending experienced legal services for clients affected by clinical malpractice, including misdiagnosis.

Items Responsibility

Handling cases involving faulty products, delivering specialist legal support to clients affected by faulty goods.

Nursing Home Neglect

Representing the rights of elders who have been subjected to abuse in aged care environments, ensuring protection.

Fall and Stumble Occurrences

Adept in dealing with trip accident cases, providing legal support to sufferers seeking compensation for their harm.

Neonatal Traumas

Providing legal aid for families affected by medical negligence resulting in birth injuries.

Car Collisions

Incidents: Committed to supporting patients of car accidents secure fair compensation for damages and harm.

Motorbike Accidents

Focused on providing legal assistance for motorcyclists involved in bike accidents, ensuring rightful claims for harm.

Semi Accident

Extending professional legal representation for drivers involved in lorry accidents, focusing on securing rightful claims for harms.

Construction Site Collisions

Focused on assisting workers or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Head Damages

Specializing in providing compassionate legal advice for individuals suffering from cerebral injuries due to carelessness.

K9 Assault Harms

Skilled in dealing with cases for victims who have suffered wounds from dog attacks or animal attacks.

Pedestrian Crashes

Dedicated to legal assistance for walkers involved in accidents, providing expert advice for recovering damages.

Unwarranted Death

Fighting for grieving parties affected by a wrongful death, delivering sensitive and professional legal assistance to ensure justice.

Vertebral Damage

Focused on advocating for victims with vertebral damage, offering professional legal representation to secure justice.

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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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