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Wrongful Death Attorney in Dalzell

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About Carlson Bier Associates

In the turbulent aftermath of a wrongful death, securing the right legal representation is imperative. Carlson Bier excels in this delicate area of law, offering compassion coupled with relentless pursuit for justice. Serving individuals within Dalzell and beyond, our dedicated group is deeply committed to protecting your interests during these challenging times.

Through years of navigating complex legal landscapes successfully within Illinois courts, we have proved repeatedly that it’s not location but proficiency leading us to victory. Carlson Bier has grown in anticipation and response – honing an exclusive expertise on Wrongful Death cases amidst evolving legal precedents.

Outlined by fine details and shadowed by intricate complexities unique to each case, closure often seems impossible in Wrongful Death scenarios. Yet our experienced attorneys prove otherwise – bringing clarity into chaos while vehemently pursuing rightful compensation for clients.

Recognized leaders in Personal Injury Law & Wrongful Death cases across multiple jurisdictions within Illinois; trustworthiness defines us at Carlson Bier as much as tenacity does–a testament our past victories resonate loudly.

Choose assurance over uncertainty; choose diligence over despair—choose Carlson Bier where empathy and excellence co-exist seamlessly guiding you towards the path of reparation.

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About Carlson Bier

Wrongful Death Lawyers in Dalzell Illinois

Carlson Bier is an esteemed personal injury lawyer group, proudly based in Illinois, offering our clients comprehensive legal services with a focus on Wrongful Death lawsuits. Understanding the complexity and emotion behind such cases, we believe providing detailed information about wrongful death suits forms the core of our client service approach. Our commitment stems from the need to ensure you have a clear understanding of what wrongful death means legally and how this knowledge can serve as a power tool when pursuing your claim.

Wrongful Death claims are usually filed by loved ones on behalf of someone who died due to another party’s negligence or misconduct. These could result from car accidents, medical malpractice, construction site incidents among others – any situation where reckless or careless behaviors were dangerous enough to result in loss of life. The individual suing must convincingly prove that if it hadn’t been for the defendant’s negligent behavior, their loved one would still be alive today—a sophisticated task without appropriate legal help.

• As part of demonstrating that wrongful death occurred, certain key elements must be present:

– Evidence proving that the defendant acted out of recklessness or negligence.

– Establishing beyond reasonable doubt that this negligence was directly responsible for causing harm.

– Substantiating that this harm led to pain and suffering which then culminated into death.

When successfully litigated, Wrongful Death suits can lead to compensation on several fronts: Loss of companionship particularly regarding spouses and children; Lost income especially if the deceased was a primary earner; Inherent value of parental care mostly applying to households with under-aged kids and medical expenses incurred prior to passing away. Furthermore, emotional distress brought upon by grief may also qualify for damages depending on case specifics.

In addition to monetary reconciliation these lawsuits are instrumental in holding accountable those individuals whose negligence ended up taking a life prematurely. They provide solace & closure enabling family members begin moving past their tragic losses while fostering adjustments toward new realities devoid those they held dear.

Dealing with sudden bereavement is already challenging; having to navigate litigation under these circumstances far more so. It brings to the fore important questions about legal representation in Wrongful Death cases and this is where Carlson Bier comes in.

Our longstanding experience handling such suits within Illinois equips us with the necessary tools, expertise and dedication to have your voice heard effectively through relentless pursuit of justice – ensuring those at fault are held accountable for their gross negligence. Moreover, we advance expenses related to case prosecution upfront so you only get financially obliged once we succeed obtaining compensation for you.

We prioritize offering personalized attention understanding every client’s situation differs uniquely from others’. Therefore, our approach is tailored as per individual needs ensuring nothing falls between cracks during representation while providing emotional support as coping unfolds.

Wrongful death may herald a very difficult chapter but knowing how to proceed legally can significantly ease the journey toward attaining closure and some semblance of normalcy.

Navigating wrongful death litigation without professional help could be disadvantageous—making it paramount to partner with a reputable personal injury lawyer group like Carlson Bier. Allow us to leverage our expertise on behalf of your family during this trying time: click on the button below now to find out what your potential claim might be worth.

Find Out How Much Your Case is Worth
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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 Dalzell

Areas of Practice in Dalzell

Bike Mishaps

Dedicated to legal services for clients injured in bicycle accidents due to responsible parties' negligence or perilous conditions.

Thermal Wounds

Extending expert legal help for sufferers of serious burn injuries caused by incidents or indifference.

Healthcare Negligence

Offering dedicated legal assistance for individuals affected by medical malpractice, including medication mistakes.

Products Fault

Taking on cases involving defective products, providing adept legal support to individuals affected by faulty goods.

Elder Neglect

Defending the rights of aged individuals who have been subjected to misconduct in elderly care environments, ensuring compensation.

Slip and Trip Incidents

Adept in tackling stumble accident cases, providing legal support to clients seeking justice for their suffering.

Birth Wounds

Offering legal assistance for relatives affected by medical incompetence resulting in birth injuries.

Motor Incidents

Collisions: Dedicated to supporting individuals of car accidents receive fair remuneration for damages and destruction.

Motorbike Crashes

Specializing in providing legal assistance for victims involved in motorbike accidents, ensuring just recovery for harm.

Big Rig Accident

Providing expert legal representation for clients involved in trucking accidents, focusing on securing fair claims for damages.

Construction Site Accidents

Dedicated to supporting workmen or bystanders injured in construction site accidents due to oversights or negligence.

Cognitive Traumas

Expert in extending specialized legal assistance for persons suffering from cerebral injuries due to carelessness.

Dog Bite Harms

Skilled in dealing with cases for people who have suffered harms from puppy bites or animal assaults.

Pedestrian Mishaps

Dedicated to legal assistance for foot-travelers involved in accidents, providing expert advice for recovering claims.

Unfair Loss

Standing up for loved ones affected by a wrongful death, delivering caring and experienced legal assistance to ensure compensation.

Vertebral Impairment

Expert in assisting victims with paralysis, offering compassionate legal support to secure compensation.

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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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