Wrongful Death Attorney in Damiansville

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About Carlson Bier Associates

When faced with instances of wrongful death in Damiansville, Illinois, the selection of a skilled attorney is essential. The Carlson Bier law firm has been meticulously representing and safeguarding client interests for numerous years. Specializing in personal injury law and specifically wrongful death cases, our attorneys vigorously pursue justice while providing compassionate counsel during this challenging period.

Our team’s professionalism is rivalled only by their knowledge of Illinois wrongful death laws – a testament to our successful track record.

Carlson Bier offers guidance through every stage – from meticulous evidence gathering and litigation strategies to courtroom representation if required. Our extensive experience combined with analytical expertise helps us deciper complexities surrounding each unique case: proving negligence; evaluating bereavement damages or identifying potential compensations under the IL Wrongful Death Act – we’re thorough on all fronts.

Turning to Carlson Bier means entrusting your case with advocates driven by commitment towards ensuring fair compensation for you under these unfortunate circumstances. Choosing us enables access to quality legal service that respects you and your loss – because when it comes to matters as delicate as wrongful deaths, trust Carlson Bier.

About Carlson Bier

Wrongful Death Lawyers in Damiansville Illinois

At Carlson Bier, we understand that coping with the loss of a loved one due to wrongful death can be an emotionally distressing and overwhelming experience. Our dedicated team of expert personal injury attorneys in Illinois is steadfastly committed to providing legal advice and support to those affected by such unfortunate circumstances, striving tirelessly for justice and rightful compensation.

Consider this page as your knowledgeable guide to comprehending Wrongful Death cases in Illinois. Simply put, ‘wrongful death’ occurs when the negligence or wrongdoing of another party causes someone’s untimely demise. This statute specifically aids families seeking recompense for financial losses incurred from the unexpected departure. Predominantly used in car accidents, medical malpractice cases, criminal behavior or even workplace incidents — wrongful death claims encompass broad spectra of scenarios.

Some key things about Wrongful Death claims include:

• The lawsuit can only be initiated by a personal representative of the decedent’s estate.

• Monetary damages may cover everything from lost wages and benefits to funeral expenses.

• Emotional turmoil experienced by survivors is also considered during settlements.

• There exists a specific time frame called ‘statute of limitations’ within which these lawsuits need to file.

It’s crucial that you consult with skilled legal counsel who specializes in wrongful death cases promptly to strategize your claim appropriately within statutory deadlines.

Carlson Bier showcases an impressive record dealing with these complex matters involving intricate nuances seamlessly on behalf of our clients throughout Illinois. Our singular focus always remains on aiding bereaved families attain fair remuneration while ensuring swift law administration encompassing every aspect related to their case — demystifying legal jargon into understandable language forms integral part thereof.

Every layperson cannot fathom labyrinthine legalese encapsulated around court proceedings – this is where we step in professionally equipped backed up by years worth expertise harnessing wrongdoers accountable via strategic litigation tactics proving occurrences whereby wrongful actions led fatal consequences discrepantly against usual expectations thereby securing justified recompense clients rightfully duly deserve.

Furthermore, our team places significant emphasis on building personalized relationships with each client. We listen to your narratives empathically understanding gravity embedded within unfolding distinctive legal strategies tailored specifically meeting client-specific requirements thereby providing optimal results. At Carlson Bier, we are not just your attorneys; we are part of your support system during these difficult times.

With us by your side, intricacy morphs into simplicity – courts transform from intimidating establishments onto platforms justice making those responsible pay their due. Through every painstaking step, rest assured that you’re in capable hands advocates fighting relentlessly dismantling hurdles coming way victoriously reaching fair verdict maximum monetary damages commensurate loss profound void left behind decedent’s untimely demise.

We warmly invite readers seeking sufficient reparation for the losses endured due to wrongful death caused by a third party’s culpability within Illinois jurisdiction to connect with Carlson Bier today. Allow us the privilege of representing you robustly, helping bravely traverse through this emotionally exhausting legal journey towards just closure and financial equanimity needed for rebuilding lives ahead from ruins inflicted by such tragic unanticipated events.

Do you wonder about worthiness entailed around your specific case? Reach out to us now! Click on the button below manifesting our unwavering intent behind standing in solidarity alongside distressed families navigating through such dire circumstances boldly forging paths leading towards triumph crusade against adversarial oppression endorsing inherent values — justice fairness gravitas each life holds intrinsically — marking essence behind persona Carlson Bier vouches stands resonantly via its sincere commitment stalwart advocacy advancing rightful cause forcefully enshrining principles law embody universally: equality rights all

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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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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 Damiansville

Areas of Practice in Damiansville

Bicycle Incidents

Specializing in legal assistance for people injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Burn Injuries

Supplying professional legal services for victims of intense burn injuries caused by occurrences or negligence.

Clinical Misconduct

Offering experienced legal representation for victims affected by clinical malpractice, including misdiagnosis.

Merchandise Liability

Taking on cases involving dangerous products, supplying specialist legal assistance to consumers affected by harmful products.

Senior Neglect

Defending the rights of nursing home residents who have been subjected to abuse in care facilities environments, ensuring fairness.

Stumble and Tumble Injuries

Skilled in dealing with slip and fall accident cases, providing legal advice to persons seeking compensation for their losses.

Infant Harms

Offering legal guidance for households affected by medical malpractice resulting in neonatal injuries.

Automobile Accidents

Incidents: Dedicated to aiding sufferers of car accidents secure equitable settlement for injuries and destruction.

Bike Collisions

Focused on providing legal services for individuals involved in motorbike accidents, ensuring fair compensation for damages.

18-Wheeler Mishap

Ensuring specialist legal support for drivers involved in trucking accidents, focusing on securing rightful claims for losses.

Construction Site Incidents

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

Cognitive Harms

Specializing in delivering expert legal advice for clients suffering from neurological injuries due to carelessness.

Dog Attack Harms

Expertise in handling cases for people who have suffered wounds from canine attacks or beast attacks.

Cross-walker Accidents

Dedicated to legal advocacy for cross-walkers involved in accidents, providing dedicated assistance for recovering restitution.

Wrongful Fatality

Advocating for grieving parties affected by a wrongful death, supplying understanding and professional legal services to ensure fairness.

Backbone Injury

Specializing in advocating for patients with backbone trauma, offering compassionate legal support to secure compensation.

Contact Us Today if you need a Person Injury Lawyer