Wrongful Death Attorney in Cobden

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About Carlson Bier Associates

If you’ve suffered the devastating loss of a loved one due to wrongful death in Cobden, Illinois, Carlson Bier can offer skilled legal representation. Our fiercely dedicated attorneys have years of experience in successfully navigating complex wrongful death claims, delivering justice and closure for our clients. At Carlson Bier, we understand that no amount of financial compensation can replace your loss; however, seeking compensatory damages often presents the only avenue towards securing some form of peace. We’re committed to pursuing every course available for maximum outcomes under Illinois law. Our team identifies liable parties while scrutinizing all aspects relating exclusively to wrongful death cases’ nuanced details – from corroborating evidence and negotiating with insurance companies to bringing strong representation in court proceedings if necessary – we’ve honed these processes down over decades practicing law within this specialized domain. When it feels like everything is against you remember Carlson Bier is strongly advocating on your behalf because we genuinely care about making a real difference through our work.Promoting fairness above anything else-choose us; choose real empathy along with staunch advocacy during these trying times.

About Carlson Bier

Wrongful Death Lawyers in Cobden Illinois

At Carlson Bier, we understand that experiencing a wrongful death in the family can be a devastating time. Dealing with the grief and loss of a loved one is challenging enough without the added stress of handling complicated legal matters. We specialize in representing Illinois families dealing with such tragic circumstances, offering expert advice and ensuring that justice is served in instances where negligence or misconduct has resulted in fatal consequences.

Firstly, it’s important to comprehend what we mean when referring to ‘wrongful death.’ This term indicates that an individual’s passing away occurred due to someone else’s malpractice, negligence or intentional behavior. The key element here is proving fault for the accident, which could range from reckless driving leading to fatal car accidents through medical malpractice resulting perhaps in needless surgical complications.

Some potential compensations include:

– Medical expenses incurred prior to death

– Funeral and burial costs

– Loss of expected future income

– Loss of inheritance as a result of premature death.

The laws pertaining to wrongful death claims differ from state to state. In Illinois, specific people are entitled to file lawsuits after the death of a loved one; these typically include spouses and immediate blood relatives like children and parents.

An essential trait of Illinois’ law entails ‘Statute of Limitations.’ It indicates that any claim regarding wrongful death needs to be made within two years following the incident or discovery thereof. Noteworthy also is – if the victim was under eighteen years old at the instant of personal injury occurrence – then said deadline does not start until they would have turned eighteen.

Carlson Bier has seasoned attorneys who bring cutting-edge counsel and compassionate support during this trying period. Our team understands how critical compensation can be for covering various expenses tied up with your dear one’s untimely demise – from hospital bills through funeral costs onto non-economic damages addressing matters like pain & suffering endured by surviving kinfolk members before their beloved member passed away.

Moreover, as we strive to build a solid case, our attorneys stand aware of the strict timeline followed within Illinois jurisdiction. We are ever-ready to commence investigations immediately after being contacted; assembling requisite evidence, pinning down eyewitnesses, and contracting expert testimonies as necessary – such that each client’s unique situation receives due consideration for assuring optimal results.

We endeavor to comprehend your predicament fully and thereby help you navigate through these daunting legal proceedings. Our approach stands infused with empathy, understanding that there is no cap on sorrow, least of all during the phase following a close kin’s premature departure.

However, please keep in mind: while striving toward awarding apt compensation for any wrongful death occurrence does partially contribute toward restoring some balance back into one’s life after such an upheaval – it absolutely can never replace the loved person who got unjustly taken away. But still, in our uncompromised steadiness & commitment – Carlson Bier shall always remain standing by your side throughout this challenging time.

Discovering how much your case is worth can provide significant comfort during times of sorrow and confusion. Therefore Carlson Bier urges you to click on the button below and take one step closer towards attaining justice for your loved one along with adequate peace-of-mind regarding financial stability in future years without them around.

Find solace in knowing justice is achievable by teaming up with seasoned advocates from Carlson Bier adept at handling repercussions related directly or indirectly with wrongful death incidence right here in Illinois – because everyone deserves both closure and fairness when dealing with grievous issues concerning their kith & kin.

Rest assured; true justice is not beyond reach if dealt correctly under competent hands equipped well enough for turning tide into victims’ favor via rightful representation provided unconditionally by none other than us at Carlson Bier!

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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 Cobden

Areas of Practice in Cobden

Bicycle Collisions

Dedicated to legal services for individuals injured in bicycle accidents due to negligent parties' lack of care or unsafe conditions.

Flame Injuries

Extending adept legal support for individuals of grave burn injuries caused by accidents or carelessness.

Physician Carelessness

Ensuring experienced legal support for clients affected by physician malpractice, including misdiagnosis.

Commodities Fault

Addressing cases involving defective products, supplying specialist legal assistance to victims affected by product-related injuries.

Aged Misconduct

Representing the rights of the elderly who have been subjected to neglect in care facilities environments, ensuring compensation.

Trip and Slip Incidents

Professional in dealing with fall and trip accident cases, providing legal services to victims seeking redress for their damages.

Childbirth Wounds

Delivering legal guidance for households affected by medical misconduct resulting in newborn injuries.

Car Crashes

Collisions: Concentrated on supporting sufferers of car accidents secure fair payout for wounds and damages.

Bike Collisions

Committed to providing legal support for bikers involved in motorbike accidents, ensuring adequate recompense for traumas.

Big Rig Collision

Ensuring expert legal assistance for drivers involved in trucking accidents, focusing on securing fair recompense for damages.

Building Site Collisions

Focused on assisting laborers or bystanders injured in construction site accidents due to safety violations or carelessness.

Head Traumas

Specializing in providing compassionate legal services for clients suffering from head injuries due to accidents.

K9 Assault Harms

Expertise in addressing cases for individuals who have suffered harms from dog bites or creature assaults.

Pedestrian Mishaps

Committed to legal services for walkers involved in accidents, providing dedicated assistance for recovering restitution.

Unjust Demise

Working for grieving parties affected by a wrongful death, supplying caring and professional legal support to ensure restitution.

Vertebral Injury

Expert in representing persons with paralysis, offering compassionate legal guidance to secure redress.

Contact Us Today if you need a Person Injury Lawyer