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Wrongful Death Attorney in Crainville

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About Carlson Bier Associates

When faced with the tragedy of a wrongful death claim in Crainville, you need an advocate who can navigate this complex process. In such testing times, Carlson Bier stands as your reliable choice for legal representation. With our extensive experience litigating wrongful death cases and profound understanding of Illinois law, we possess advanced skills to secure just compensation for mourning families during their greatest time of need. We take pride in offering personal attention to every case from initial consultation until resolution, honoring our commitment towards achieving the best possible outcome on your behalf. Our comprehensive approach seeks not only justice but also financial security for those left behind – handling critical aspects from liability establishment to damages recovery that include medical bills or loss of earnings amongst others. Excellence is crucial at Carlson Bier; It’s what has established us as one trusted option within the realm of wrongful death litigation beyond borders and jurisdictions.

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Wrongful Death Lawyers in Crainville Illinois

At Carlson Bier, we understand that nothing can truly compensate for the loss of a loved one. However, when such tragedies occur due to someone else’s negligence or intent to harm, the law provides an avenue through which families can seek justice and financial recompense. This legal action is known as seeking damages for wrongful death.

Wrongful death refers to situations where a person’s death has been caused by another party either deliberately or due to their negligence. Causes might encompass a wide range of circumstances from car accidents, medical malpractice, workplace accidents, defective products, among others. When these unfortunate events result in untimely demise, aggrieved family members are left dealing with emotional and financial hardships from lost income and funeral expenses.

Arguably the primary feature in any wrongful death claim is the establishment of fault. Intentional acts that lead to a fatality will fall under this umbrella. More convoluted cases often involve deducing if professional standards were disregarded—something evident in cases involving medical malpractice or neglectful employers.

Benefits awarded following successful litigation include:

– Compensation for pain and suffering experienced by the victim prior to their demise.

– Coverage of medical costs incurred as a result of the incident leading to eventual fatality.

– Funeral expenses: A sad reality most bereaved families face are unexpectedly high burial costs.

– Lost wages: This seeks restitution for income potential slashed short as a result of premature passing.

Illinois law mandates strict adherence on limitations on how long after the event an affected party can file for wrongful death claims—usually within two years; making time a crucial essence in staging successful submittals.

Navigating legal landscapes requires skillful guidance; hence engaging experienced personal injury attorneys like those at Carlson Bier provide invaluable support during this difficult period — enabling seamless navigation through complex Illinois statutes while providing healing space for grieving families.

Losing a loved one prematurely is indescribably hard—it’s a weight no one should bear alone. By comprehending Illinois’ wrongful death laws thoroughly, tirelessly combing through each case’s nuances and crafting specific legal strategies guided by insightful experience, our skilled attorneys endeavor to lift some of that burden.

At the heart of Carlson Bier’s ethos dwells an understanding that every client is battling unique circumstances—hence providing tailored services aimed at clinically affirmative resolutions forms pinnacle pillars in our engagement modus operandi. Embracing this perspective ensures resolute pursuit for justice never wavers despite formidable opposition.

Validity in personal injury law lies largely within the realm of provability; hence meticulous preparation encompassing solid evidence and persuasive arguments forms cardinal tenets steering our practices—ensuring strong cases capable of successfully recovering maximum possible compensation to ease grieving families’ financial burdens.

Committing to you and your needs during this distressing time forms core driving forces propelling us towards aggressively pursuing restitution avenues on your behalf—we believe it’s nothing less than what you deserve.

So why shoulder this daunting task alone? Why risk missing out on deserved claims because technicality prerequisites weren’t satisfactorily met? Allow seasoned experts adeptly conversant with wrongful death laws assist in realizing just compensations righteously yours.

If you deem yourself or someone else eligible for filing a wrongful death suit under Illinois’ statutes, we extend heartfelt encouragement to reach out—together let’s pen a fitting tributary chapter honoring departed loved ones’ memories while helming daunting financial uncertainties onto easier navigation waters.

Are you interested in finding out potential value a prospective claim holds? Curious ascertaining viable litigation routes appropriate under your situation warrants exploring? Click on the button below to find out how much your case could potentially be worth—it might just be the first step toward obtaining rightful recompense addressing resulting financial hardships arisen due to untimely demises undeservedly suffered by dear family members.

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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 Crainville

Areas of Practice in Crainville

Pedal Cycle Accidents

Dedicated to legal support for persons injured in bicycle accidents due to negligent parties' indifference or hazardous conditions.

Fire Injuries

Offering professional legal assistance for patients of grave burn injuries caused by incidents or misconduct.

Medical Negligence

Providing professional legal representation for patients affected by physician malpractice, including medication mistakes.

Goods Obligation

Dealing with cases involving unsafe products, offering professional legal help to consumers affected by product malfunctions.

Nursing Home Misconduct

Representing the rights of aged individuals who have been subjected to neglect in senior centers environments, ensuring compensation.

Tumble and Trip Accidents

Adept in handling slip and fall accident cases, providing legal support to victims seeking recovery for their losses.

Neonatal Damages

Supplying legal support for kin affected by medical incompetence resulting in neonatal injuries.

Vehicle Crashes

Collisions: Dedicated to helping victims of car accidents secure equitable compensation for injuries and damages.

Two-Wheeler Incidents

Specializing in providing legal advice for motorcyclists involved in motorcycle accidents, ensuring fair compensation for injuries.

Trucking Accident

Ensuring adept legal advice for victims involved in lorry accidents, focusing on securing rightful claims for injuries.

Worksite Crashes

Engaged in advocating for staff or bystanders injured in construction site accidents due to recklessness or misconduct.

Cognitive Harms

Focused on offering specialized legal assistance for persons suffering from head injuries due to carelessness.

K9 Assault Traumas

Adept at dealing with cases for persons who have suffered traumas from K9 assaults or creature assaults.

Pedestrian Collisions

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

Unwarranted Death

Advocating for relatives affected by a wrongful death, supplying empathetic and expert legal guidance to ensure fairness.

Neural Damage

Committed to representing victims with vertebral damage, offering specialized legal representation to secure justice.

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