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Wrongful Death Attorney in Colchester

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About Carlson Bier Associates

If you reside in Colchester and find yourself dealing with the tragic aftermath of losing a loved one due to someone else’s negligence, having an accomplished Wrongful Death attorney at your side can make all the difference. Carlson Bier is recognized for its deftness around Wrongful Death cases, providing compassionate representation coupled with aggressive litigation strategies for maximum results. Our lawyers uniquely leverage their vast experience in Illinois law fruitfully guiding clients through this challenging time, while ensuring their legal rights are stoutly defended. Trusting us means entrusting your case to dedicated professionals committed to truth-seeking, justice-serving pursuits that prioritize client interests above everything else. We understand the depth of grief accompanying wrongful death cases; our unmatched empathy drives customized resolution paths aiming for emotional solace and financial security for surviving members left behind intentionally or unintentionally by unforeseen calamities attributed largely through reckless disregard or sheer callous indifference from other individuals/entities. Considering our proven track record, partnering with Carlson Bier could be your first crucial step towards securing just redressal in these arduous times.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Colchester Illinois

At the established law firm of Carlson Bier, we staunchly align ourselves with families braving the aftermath of an untimely demise. Comprehensively rooted in Illinois, our legal aid predominantly revolves around Wrongful Death cases. We understand that loss breaches tranquility and leaves a void difficult to fill; hence it is momentous for grieving families to recognize that they don’t have to encounter this traumatic situation alone.

Wrongful death embodies any circumstance where an individual’s life ends due to another person’s intentional or negligent actions. The core purpose behind wrongful death lawsuits aims at providing support for survivors bearing potential monetary damages allied with untowardly events such as lost earnings from deceased, lost companionship, funeral expenses, etc. Essentially, it distances itself from typical personal injury lawsuits by involving bereaved family members seeking justice on behalf of their loved one.

Carrying immense proficiency in personal injury law underpins our ability to relentlessly champion for rightful compensation capable of affording clients some semblance of solace and closure. By acknowledging your anguish and incorporating empathetic understanding into our professional expertise, we endeavor to shoulder burdensome legal complexities whilst you channel focus towards healing.

At the heart of every successful resolution are various essential dynamics unique to each case:

• Determining liability: Successful wrongful death claims significantly rely on establishing responsibility or negligence contributing directly towards the loss

• Unraveling intricate legislation: Our team delicately unravels complex legislation governing wrongful death suits and possible compensatory parameters

• Presentation: Advocacy calls for persuasive representation focused on presenting irrefutable evidence highlighting defendant negligence

Preserving apt documentation aids in substantiating your claim powerfully. It incorporates critical items like:

• Medical records: Highlighting severity and cause of fatal injuries

• Impact statements: Outlining emotional suffering endured post loss

• Economic assessments: Establishing financial impact following unexpected demise

Wedged within weaving stories capable of resonating with jurors intensifies empathetic understanding of your emotions and hardships endured since losing your loved one.

We wholeheartedly believe in consumer education and indispensable course of action rest with equipping yourself with knowledge. Thus, we elaborate upon factors that influence wrongful death lawsuit timeline:

• Extent of investigation: Complexity wildly varies entailing necessary meticulous investigation in determining liability

• Legal proceedings: Countless stages constitute legal process including discovery phase, negotiation for settlement, if required trial preparation leading to actual court proceeding

• Settlement negotiation: Post claim filing incites optional dispute resolution via settlement negotiations before progressing towards a lengthy court-trial

Here at Carlson Bier, an unrelenting approach anchors our ethos! Inhabiting relentless fighter’s spirit stimulates our drive towards surpassing client expectations rather than merely meeting them. We enjoy nothing more than seeing relieved expressions exchange anguished ones reflecting tranquility restored on realizing justice served!

While we pledge to effectually navigate formidable complexities inherent in this legal space simplifying experience for clients yet aversive circumstances intertwined with loss coerce unexpected challenges that might be overwhelming. Hence it’s imperative that you collaborate pursuing due compensation within prescribed limitation period post disastrous event!

Your fight becomes ours while barely skimming surface upon “experienced attorneys” tagline but effusing courage matching familial tenacity verifies what truly sets us apart – representing more than just clients but voices struggling for justice.

Advocating beyond just paperwork underpins the essence driving everything we do! A preliminary complimentary consultation awaits you confirming mutual fit providing comprehensive insight into diverging possible courses! Don’t let fears or reluctance hinder quest for closure lying beneath rightful entitlements guaranteed by the law.

Click below to discover potential value associated within your case today! Let us empower hand-in-hand moving forward from unexpected tragedies whilst embodying a beacon during your darkest hours affirming Carlson Bier’s timeless commitment – You are never alone.

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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 Colchester

Areas of Practice in Colchester

Pedal Cycle Mishaps

Expert in legal services for people injured in bicycle accidents due to negligent parties' carelessness or perilous conditions.

Scald Wounds

Giving adept legal support for people of serious burn injuries caused by accidents or negligence.

Physician Carelessness

Extending professional legal support for clients affected by physician malpractice, including misdiagnosis.

Items Obligation

Addressing cases involving dangerous products, providing specialist legal help to victims affected by harmful products.

Elder Neglect

Protecting the rights of nursing home residents who have been subjected to mistreatment in senior centers environments, ensuring compensation.

Tumble and Slip Injuries

Specialist in tackling slip and fall accident cases, providing legal services to persons seeking redress for their damages.

Birth Damages

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

Vehicle Mishaps

Crashes: Dedicated to supporting clients of car accidents secure just settlement for wounds and harm.

Bike Collisions

Committed to providing representation for bikers involved in bike accidents, ensuring adequate recompense for traumas.

Truck Crash

Delivering experienced legal representation for drivers involved in truck accidents, focusing on securing appropriate compensation for injuries.

Construction Crashes

Engaged in assisting laborers or bystanders injured in construction site accidents due to negligence or carelessness.

Brain Traumas

Specializing in delivering dedicated legal assistance for individuals suffering from brain injuries due to incidents.

Canine Attack Wounds

Specialized in tackling cases for people who have suffered wounds from K9 assaults or wildlife encounters.

Pedestrian Collisions

Focused on legal assistance for cross-walkers involved in accidents, providing professional services for recovering damages.

Unfair Fatality

Advocating for bereaved affected by a wrongful death, providing sensitive and expert legal support to ensure compensation.

Neural Injury

Expert in defending patients with paralysis, 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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