Wrongful Death Attorney in Clinton

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About Carlson Bier Associates

Choosing the right legal representation in wrongful death cases is a critical decision for families. Carlson Bier, based in Illinois, should be your consideration due to their exceptional track record and unrivaled commitment to fight for justice. Our attorneys understand how devastating it can be losing a loved one suddenly, wrongfully yet preventable circumstances. With compassionate counsel and aggressive advocacy when dealing with opposing parties, we always ensure our clients’ rights are preserved during this emotionally taxing time while striving for maximum compensation they’re entitled under Illinois law.

Expertise at Carlson Bier extends beyond understanding statutes; our team has extensive courtroom experience which means your case will have effective trial strategies behind potential settlement negotiations or court proceedings if needed. We’re committed to transparency: You’ll know every step we take on your behalf and why.

Don’t let someone else’s negligence go unanswered—Connect with Carlson Bier today where compassion meets advocacy after losing a loved one due to wrongful death circumstances.

About Carlson Bier

Wrongful Death Lawyers in Clinton Illinois

The law firm of Carlson Bier specializes in personal injury law, with a primary focus on wrongful death claims. We are proudly based in Illinois and renowned for our unwavering determination to secure justice for the families we represent, as well as substantial compensation they truly deserve.

Wrongful death arises when a person’s passing is precipitated by another party’s negligence or intentional harm. The devastating loss experienced, associated emotional turmoil and financial implications can be overwhelming and often exact an unbearable toll on loved ones left behind. At Carlson Bier, we aim to provide our clients with compassionate legal assistance during these trying times whilst fighting unrelentingly for their rights.

A wrongful death claim may encompass various circumstances including but not limited to traffic accidents, medical malpractice, workplace mishaps, dangerous products and intentional acts of violence. Any event that features the element of negligence or deliberate action resulting in death potentially stands eligible for pursuing a wrongful death claim.

Venturing into such a legal endeavor necessitates knowledge about key aspects:

• Time Limit: In Illinois, one has up to two years from the date of the decedent’s demise to file a wrongful death lawsuit.

• Eligibility: Only specific relatives (such as spouse or children) may initiate such lawsuits, depending upon specific interstate laws.

• Damages: Compensation could include funeral expenses, lost wages / inheritance / consortium and even pain suffered by deceased before their untimely departure.

Representing your interests with utmost fervor is our commitment at Carlson Bier. We draw upon extensive experience and industry know-how tactically devised over multiple years navigating the complex landscape of Illinois’ tort law scene. As your guide through this arduous journey towards restitutional justice, rest assured that delivering maximum possible damages remains paramount.

Through professional insight into case-specific regulations paired with exceptional negotiation skills – key attributes honed across scores of successful cases – we strive earnestly to ensure you receive complete lawful recompense. Furthermore, our flexible fee structure implies that you pay nothing until we win your case – delivering another layer of assurance for those choosing us as their personal injury representatives.

A wrongful death claim can seem arduous and labyrinthine, but please don’t feel defeated. Remember, the law is on your side and justice needs to be served. Devoting two decades primarily into this legal realm fostered Carlson Bier’s sterling reputation, enabling us to emerge victorious in lawsuits collectively worth millions of dollars across Illinois.

Shouldering your burden together with an unmatched commitment towards achieving rightful restitution remains at the heart of our practice philosophy. Therefore, if you believe a loved one suffered an unjust demise and you seek expert assistance to procure rightful compensation for the indescribable loss suffered – remember Carlson Bier stands resolutely by your side.

Your trust empowers us while driving our unwavering determination towards securing much needed closure whilst simultaneously providing financial resilience designed to bolster future stability for bereaved family members.

Navigating through complex laws during mourning periods indeed takes heavy tolls; however take solace from knowing professional help awaits just one click away.

To understand more about how we can assist through this challenging time or discern potential compensation worthy of claim under Illinois law concerning a wrongful death incident- permit us the honor of discussing your unique situation in greater detail. Please click on the button below for an obligation-free estimate reflecting possible damages pertinent to your case’s specifics– because here at Carlson Bier, we genuinely care ensuring every life matters significantly imbuing dignity even when abruptly terminated due to actions beyond control.

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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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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 Clinton

Areas of Practice in Clinton

Bike Accidents

Focused on legal advocacy for victims injured in bicycle accidents due to negligent parties' negligence or perilous conditions.

Flame Damages

Extending expert legal advice for sufferers of severe burn injuries caused by occurrences or recklessness.

Medical Incompetence

Offering dedicated legal services for persons affected by physician malpractice, including wrong treatment.

Items Responsibility

Addressing cases involving problematic products, extending expert legal assistance to clients affected by faulty goods.

Nursing Home Abuse

Supporting the rights of elders who have been subjected to mistreatment in aged care environments, ensuring fairness.

Fall and Stumble Injuries

Expert in tackling slip and fall accident cases, providing legal support to victims seeking justice for their harm.

Neonatal Traumas

Extending legal help for households affected by medical incompetence resulting in neonatal injuries.

Vehicle Accidents

Collisions: Focused on supporting sufferers of car accidents gain just recompense for hurts and destruction.

Motorcycle Mishaps

Dedicated to providing representation for bikers involved in motorcycle accidents, ensuring rightful claims for traumas.

18-Wheeler Collision

Ensuring specialist legal assistance for persons involved in big rig accidents, focusing on securing fair claims for injuries.

Building Site Mishaps

Committed to defending workers or bystanders injured in construction site accidents due to recklessness or misconduct.

Neurological Injuries

Committed to ensuring compassionate legal advice for patients suffering from cerebral injuries due to negligence.

K9 Assault Traumas

Expertise in dealing with cases for victims who have suffered wounds from K9 assaults or animal assaults.

Pedestrian Crashes

Dedicated to legal representation for cross-walkers involved in accidents, providing dedicated assistance for recovering restitution.

Undeserved Demise

Striving for grieving parties affected by a wrongful death, supplying empathetic and professional legal support to ensure justice.

Spinal Cord Damage

Focused on advocating for patients with paralysis, offering dedicated legal services to secure redress.

Contact Us Today if you need a Person Injury Lawyer