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Wrongful Death Attorney in Clayton

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About Carlson Bier Associates

Following a Wrongful Death is an emotionally unpredictable time for any family. The compassion, dedication, and experience of Carlson Bier make it the wisest choice for those in Clayton seeking assistance with such cases. Understanding that justice can often bring comfort during these challenging times, our team works relentlessly to help the bereaved families obtain rightful compensation. Thriving on years of unrivaled expertise handling complex cases across Illinois, we understand every intricacy linked with proving liability and assessing damages in Wrongful Death lawsuits – amplifying your chance at achieving justice on behalf of your loved one lost too soon. As relentless advocates for victims’ rights, we vow to fight tooth-and-nail ensuring you receive not just legal representation but comprehensive emotional support throughout this ordeal as well. Trusting Carlson Bier translates into trusting professionally acclaimed attorneys who will put their vast knowledge and inexhaustible resources to work exclusively for your interests – prioritizing people over profit always. When faced with unspeakable tragedy, trust us as the safe harbor amidst stormy seas; choose Carlson Bier.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Clayton Illinois

The law firm of Carlson Bier, a trusted name in Illinois, is an experienced advocate for those affected by wrongful death cases. Our team of personal injury attorneys comprehensively understands the breadth and depth of the emotional trauma and financial burden related to these situations. Consistently working with compassion and determination, we are committed to supporting grieving families through this tough journey while fighting to secure justice on behalf of their loved ones.

Wrongful death refers to when an individual’s demise occurs as a result of another party’s negligence or deliberate harmful action. These actions can range from careless driving causing fatal accidents, faulty equipment manufacturing leading to tragic outcomes at work sites, medical malpractices resulting in patient deaths or causing harm leading directly to someone’s untimely passing.

– Key factors considered in wrongful death claims may include:

* Negligence – The defendant acted negligently or carelessly and that conduct led to the victim’s

death

* Breach of Duty – It’s proven that the defendant owed a duty to the deceased victim.

* Causation – The negligent act by the defendant directly resulted in death.

* Damages – Items such as hospitalization costs, funeral expenses, loss of earnings/wages or

companionship and mental anguish suffered by survivors.

As personal injury advocates specializing in wrongful death claims, at Carlson Bier, we handle each case diligently focusing on recovering full compensation for both tangible expenses like medical bills and untangible losses such as lifelong emotional distress caused by losing your dear one prematurely.

With a proven track record, our legal experts have been instrumental in assisting numerous families through investigations necessary for establishing liability; interpreting complex legal statutes effectively; evaluating equitable compensation amounts considering all possible futures without your loved one; plus negotiating successfully against insurance companies who often provide minimal settlements than deserved.

Shouldering your burdens is what drives us here at Carlson Bier. We strive towards ensuring that family members left behind after wrongful death incidents are not additionally weighted down by the complexities and demands of legal proceedings. We handle everything, allowing you to focus on healing and remembering your loved one.

While nothing compensates for losing a cherished life, securing financial compensation can ease the sudden economic burdens thrust onto survivors during such grievous moments. It supports in addressing immediate concerns like medical bills, funeral costs plus can compensate for other forms of suffering – be it loss of projected income or pain endured due to their absence.

At Carlson Bier law firm, our approach is defined by dedication paired with fierce advocacy: ensuring each client we represent genuinely feels heard while fighting tirelessly for maximum compensation they rightfully deserve.

Every wrongful death case is unique – entailing diverse circumstances with varying repercussions based on situations and individuals involved. Understanding this fundamental aspect, at Carlson Bier we extend personalized attention and attorney time for every case we undertake; meticulously working towards achieving results that serve justice rightly and ensure a secure future for survivors left behind.

Discover more about the Carlson Bier advantage today and learn how having us advocating on your behalf makes a significant difference as traversing through tough times marked by the indelible impact caused by losing loved ones wrongly. To find out precisely what your potential claim could be worth, click the button below and let our attorneys help you understand better! With decades of experience plus vast resources at disposal – leverage our expertise to gain precise insights into your situation without any obligation.

Find Out How Much Your Case is Worth
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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 Clayton

Areas of Practice in Clayton

Two-Wheeler Mishaps

Specializing in legal advocacy for clients injured in bicycle accidents due to responsible parties' indifference or risky conditions.

Fire Damages

Extending adept legal assistance for victims of grave burn injuries caused by events or indifference.

Physician Malpractice

Providing experienced legal support for individuals affected by healthcare malpractice, including negligent care.

Products Accountability

Taking on cases involving dangerous products, extending skilled legal assistance to individuals affected by product malfunctions.

Nursing Home Malpractice

Supporting the rights of nursing home residents who have been subjected to misconduct in senior centers environments, ensuring justice.

Fall & Trip Mishaps

Expert in dealing with trip accident cases, providing legal support to individuals seeking restitution for their losses.

Birth Harms

Providing legal support for households affected by medical malpractice resulting in neonatal injuries.

Car Crashes

Accidents: Focused on helping clients of car accidents gain reasonable compensation for damages and impairment.

Two-Wheeler Collisions

Expert in providing legal assistance for victims involved in motorcycle accidents, ensuring rightful claims for injuries.

Big Rig Incident

Delivering professional legal assistance for victims involved in trucking accidents, focusing on securing fair settlement for harms.

Building Accidents

Concentrated on representing employees or bystanders injured in construction site accidents due to safety violations or misconduct.

Neurological Injuries

Dedicated to providing specialized legal representation for patients suffering from neurological injuries due to carelessness.

K9 Assault Injuries

Expertise in managing cases for victims who have suffered wounds from dog bites or animal attacks.

Foot-traveler Collisions

Specializing in legal support for cross-walkers involved in accidents, providing effective representation for recovering damages.

Undeserved Fatality

Standing up for loved ones affected by a wrongful death, supplying caring and expert legal representation to ensure restitution.

Neural Injury

Committed to advocating for individuals with paralysis, offering dedicated legal assistance 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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