Wrongful Death Attorney in Colfax

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About Carlson Bier Associates

For resilient representation in wrongful death matters, seek the experienced services of Carlson Bier. Our team specializes in handling even the most complex wrongful death cases, pursuing justice for individuals facing an overwhelming loss within Colfax. As industry leaders, we have cultivated a reputation built on commitment and professionalism to skillfully represent our clients’ interests. The attorneys at Carlson Bier go the extra mile to ensure every case receives forceful advocacy and dedicated personal attention it deserves. Leveraging comprehensive knowledge and profound expertise in Illinois Wrongful Death laws, we offer top-tier legal advice tailored to your unique circumstances while relentlessly fighting for outstanding results on behalf of bereaved families in Colfax area. We understand nothing can compensate for losing a loved one; however, securing fair compensation could significantly ease associated financial tolls—this is where our exceptional acuity comes into play—it has set us apart as the lawyer group that genuinely cares about delivering remarkable results amidst trying times.

About Carlson Bier

Wrongful Death Lawyers in Colfax Illinois

At Carlson Bier, we pride ourselves on leading the way for effective personal injury representation in Illinois. Specializing in Wrongful Death cases, our expert team navigates these emotionally charged and complex situations to achieve justice and financial compensation for our clients.

When a loved one’s death is tragically brought about by negligence or misconduct of another, it falls under the realm of Wrongful Death under Illinois law. At Carlson Bier, we are dedicated to meticulously scrutinize every aspect of such cases to ensure that the responsible parties are held accountable.

• The very first key point to understand about Wrongful Death cases is that they can arise from a multitude of varying contexts; including but not limited to medical malpractice, workplace accidents and car collisions.

• Secondly, it’s crucially important to note that only specific members of the deceased person’s family are entitled by Illinois state laws to initiate a wrongful death claim. Typically this includes immediate family members like spouses and children.

• Next up is understanding that there is indeed a statute of limitations when filing such claims. In most instances under Illinois law, you have two years from the date of your loved one’s death. However individual nuances may affect this timeline so reach out immediately upon needing legal counsel

Carlson Bier brings together decades of shared professional experience into handling these difficult cases with skill and sensitivity which sets us apart as premier attorneys within Illinois focusing on Wrongful Death suits. Our team’s extensive familiarity with court procedures further assures smooth sailing throughout what can be an overwhelming ordeal for grieving families often grappling simultaneously with lost companionship and financial hardships.

Also worth noting are unique provisions under Illinois laws enabling potential future earnings being taken into account during settlement negotiations or trial determinations. As part-and-parcel of unwavering commitment towards maximizing compensatory proceeds for our clients’ benefit, rest assured we vigorously push for inclusion where applicable.

Here at Carlson Bier updating clients regularly holds paramount importance, and counselors work one-on-one establishing strong lines of open communication. Emphasizing transparency, we warmly encourage questions anytime during proceedings for educational purposes aiding your understanding about legal specifications of Wrongful Death cases.

In closing, remember that at Carlson Bier our top priority remains advocating tirelessly to secure proper justice for grieving families left in the wake of a loved one’s wrongful demise.

Deciding to pursue a wrongful death claim is no small undertaking. It requires courage to confront painful circumstances head on – emotionally and legally. At Carlson Bier, we will stand beside you every inch of the way through this journey.

With every case handled personally by senior attorneys maintaining undisputed reputation throughout Illinois region, Carlson Bier offers unrivaled expertise, experience and compassion representing clients on such poignant matters requiring decorum with dignity.

Endeavors surrounding Wrongful Death lawsuits can be daunting endeavors indeed; but worry not: the formidable team of professionals at Carlson Bier wield quintessential tools further ensuring stress-free experiences all through your endeared loved one’s pursuit for justice committed earnestly in their memory.

If you want expert advice tailored specifically to your situation from compassionate personal injury professionals who truly care…just click on the button below. Simply complete the quick initial consultation form providing brief details concerning your case. As always it’s 100% obligation free! Find out how much your case could potentially be worth today; take that brave first step seasoned by assurance knowing confidently that you’re not alone… Let us help take some weight off those heavy shoulders now bearing unforeseen burden… Seek peace-of-mind courtesy revered legal stalwarts making difference when it matters most- only 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.
Education & Information

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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 Colfax

Areas of Practice in Colfax

Bicycle Collisions

Proficient in legal support for people injured in bicycle accidents due to others' lack of care or perilous conditions.

Burn Damages

Extending specialist legal help for people of grave burn injuries caused by incidents or negligence.

Physician Negligence

Extending specialist legal assistance for patients affected by healthcare malpractice, including misdiagnosis.

Commodities Accountability

Taking on cases involving faulty products, offering expert legal services to consumers affected by defective items.

Senior Abuse

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

Stumble & Slip Accidents

Skilled in dealing with tumble accident cases, providing legal advice to sufferers seeking recovery for their harm.

Infant Damages

Supplying legal assistance for households affected by medical malpractice resulting in birth injuries.

Vehicle Incidents

Collisions: Concentrated on helping individuals of car accidents obtain just settlement for wounds and losses.

Motorcycle Crashes

Committed to providing legal advice for bikers involved in motorcycle accidents, ensuring fair compensation for damages.

Truck Mishap

Offering specialist legal assistance for individuals involved in trucking accidents, focusing on securing fair claims for losses.

Building Site Accidents

Concentrated on defending employees or bystanders injured in construction site accidents due to negligence or carelessness.

Cerebral Damages

Dedicated to ensuring professional legal advice for individuals suffering from head injuries due to carelessness.

K9 Assault Wounds

Expertise in dealing with cases for victims who have suffered harms from puppy bites or creature assaults.

Cross-walker Collisions

Specializing in legal services for cross-walkers involved in accidents, providing expert advice for recovering recovery.

Unfair Demise

Working for bereaved affected by a wrongful death, supplying compassionate and experienced legal representation to ensure restitution.

Spine Impairment

Specializing in defending individuals with paralysis, offering dedicated legal support to secure redress.

Contact Us Today if you need a Person Injury Lawyer