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Wrongful Death Attorney in Dakota

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About Carlson Bier Associates

Navigating the tumultuous aftermath of a wrongful death is distressing. In such times, Carlson Bier injury lawyers stand by your side with exceptional legal expertise necessary for fighting these complex cases uniquely presented in Dakota. Our dedicated Wrongful Death attorneys at Carlson Bier comprehend deeply the loss and its concomitant emotional turmoil that families experience. Consequently, we are committed to securing fair compensation for our clients through meticulous investigation and aggressive representation that wrongfully deceased victims demand and deserve.

Clients depend on our credible reputation built over years representing their best interests successfully in courtrooms. We thrive on upholding this trust furnished upon us to fight tirelessly against all odds resulting from someone’s recklessness or negligence causing catastrophic consequences of wrongful deaths.

Processing grief along with intricate legal proceedings can be overwhelming without proficient guidance struggling alone through unfamiliar territory – an unsettling reality one shouldn’t face singly under no circumstances when mourning a loss. Hence, opting for expert avenues like Carlson Bier transforms adversities into justice procured expertly sans compromising dignity while grieving privately or consoling each other during such trying periods.

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About Carlson Bier

Wrongful Death Lawyers in Dakota Illinois

At Carlson Bier, we are a devoted team of personal injury attorneys specializing in cases involving wrongful death. Based out of Illinois, we tirelessly advocate for the rights and justice of families who have had their loved ones taken from them prematurely due to the negligence or malicious acts of others. We understand that navigating through such traumatic events can be complex and overwhelming – our mission is to guide you every step of the way.

Wrongful death represents one of the most distressing experiences any family has to face. It occurs when an individual loses their life as a result of someone else’s lackadaisical behavior or unlawful action. The pain associated with losing a dear one under these circumstances is indescribable, but it doesn’t negate your right to seek justice.

The state laws governing wrongful death vary widely across jurisdictions, introducing additional complexity into these legal proceedings. To clarify important aspects related to Illinois law on wrongful deaths:

• A wrongful death claim must be filed by a personal representative (for instance, spouse, children or parent) of the deceased’s estate.

• Time limits – For most incidents following which a person dies immediately or soon after because of injuries sustained, Illinois provides for two years period following the date of demise within which to file suit.

• Damages – There are typically two classes: Survival Act damages relate to pain and trauma prior to passing experienced by victim; Wrongful Death Act damages include loss experienced by next kin like grief and sorrow.

Navigating this process alone can prove daunting; our role at Carlson Bier is thus invaluable. Our seasoned attorneys bring expert knowledge about Illinois law coupled with decades’ worth valuable experience handling similar litigation claims.

Our Illionois-based attorneys passionately work on behalf of grieving families helping ensure rightful compensation recovery duly owed them focusing not just financial restitution also emotional closure having lost dear one. We proactively advocate in interests clients zealously fight victims’ rights courtroom set precedents promoting societal safety protection.

As specialists in this area, we ultimately aim to help families attain some level of comfort and respite following the unthinkable through fair compensation. Losing a loved one prematurely is more than just personal loss, it’s lost potential and a future cut short. While no amount of monetary recovery can replace your loved one, it might provide the means you need to continue rebuilding after such a devastating blow.

Ensuring you get rightful closure matters to us at Carlson Bier. Our team leaves no stone unturned in pursuing justice relentless commitment against all odds fighting our clients’ corner hence earning reputation dogged defenders victims wrongful death claims across Illionois.

If you’re grappling with aftermath unexpected diseased family member believe could have been avoided but negligence/ intentional wrongdoing another party, don’t bear burden alone.

Let the professional team at Carlson Bier relieve some of that considerable weight off your shoulders. Click on the button below to find out how much your case could be worth. As strategic partners who fiercely champion for justice – not just for individual clients but for society as a whole – we extend our diligent services towards bettering lives affected by preventable tragedies across Illinois fostering hope amidst despair serving beacon healing light during darkest hours.

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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 Dakota

Areas of Practice in Dakota

Cycling Mishaps

Focused on legal support for victims injured in bicycle accidents due to others' indifference or perilous conditions.

Fire Wounds

Extending adept legal services for individuals of severe burn injuries caused by accidents or misconduct.

Hospital Misconduct

Providing expert legal assistance for victims affected by clinical malpractice, including wrong treatment.

Goods Responsibility

Managing cases involving dangerous products, providing specialist legal assistance to consumers affected by product malfunctions.

Aged Abuse

Defending the rights of nursing home residents who have been subjected to misconduct in aged care environments, ensuring restitution.

Fall & Slip Injuries

Specialist in handling trip accident cases, providing legal services to clients seeking compensation for their harm.

Neonatal Injuries

Extending legal support for families affected by medical incompetence resulting in infant injuries.

Car Accidents

Collisions: Focused on assisting patients of car accidents receive fair compensation for wounds and impairment.

Bike Collisions

Focused on providing legal support for motorcyclists involved in two-wheeler accidents, ensuring just recovery for losses.

Truck Crash

Offering professional legal support for drivers involved in semi accidents, focusing on securing just claims for hurts.

Construction Crashes

Focused on advocating for employees or bystanders injured in construction site accidents due to negligence or negligence.

Cognitive Damages

Specializing in offering specialized legal representation for individuals suffering from cerebral injuries due to misconduct.

Dog Bite Wounds

Adept at handling cases for persons who have suffered damages from K9 assaults or creature assaults.

Foot-traveler Collisions

Dedicated to legal assistance for foot-travelers involved in accidents, providing effective representation for recovering compensation.

Unfair Loss

Striving for bereaved affected by a wrongful death, delivering compassionate and adept legal support to ensure restitution.

Spine Injury

Focused on assisting clients with spine impairments, offering expert legal services 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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