Wrongful Death Attorney in De Soto

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About Carlson Bier Associates

Carlson Bier is a leading wrongful death attorney group with demonstrated prowess in pursuing justice for victims. Our dedicated attorneys stand ready to assist you during this challenging period, advocating for your interests vigorously and compassionately if you’ve suffered the unbearable loss of a loved one due to negligence or misconduct. We specialize in wrongful death legal cases, be it medical malpractice, fatal accidents or workplace fatalities. Our law firm’s commitment lies within De Soto community where we have fervently strived towards obtaining maximum compensation for affected families ensuring they meet their financial obligations post-tragedy effortlessly. The astute lawyers at Carlson Bier offer personalized services while wielding our unmatched experience in understanding Illinois Wrongful Death Act; we meticulously analyze every aspect of your case fighting tenaciously against large insurance firms who may undervalue your rightful claim. Choosing Carlson Bier ensures access to a knowledgeable partner proficiently navigating this complex process thus alleviating additional stress from the bereaved family members allowing them to focus on healing in these trying times.

About Carlson Bier

Wrongful Death Lawyers in De Soto Illinois

At Carlson Bier, we are a team of dedicated personal injury attorneys who are front-runners in handling Wrongful Death cases across the state of Illinois. Our expertise lies in our adept understanding and interpretation of the law concerning wrongful death – it is our inherent promise to apply this knowledge when fighting for you and your family’s rights in such treacherous times.

Wrongful Death occurs when a life is lost due to misconduct or negligence by another party – this could be an individual, organization, or institution. In these tragic events, families often find themselves enveloped in emotional trauma alongside overwhelming legal obligations. Committed to providing unrivaled support during this ordeal, our lawyers at Carlson Bier guide you through every step.

The framework that governs Wrongful Death claims allows survivors to seek compensation for damages which include:

– Loss of financial support

– Grief and sorrow

– Loss of companionship

– Funeral expenses

These aspects aim at pacifying the economic hardships triggered by the sudden demise while also acknowledging the irreplaceable loss suffered emotionally.

Essential factors streamlined into wrongful death conflicts encompass proving that negligence directly contributed to your loved one’s demise and demonstrating how the bereavement acutely impacted the decedent’s dependents both economically and psychologically. In Illinois, like most states, the statute provides heaped emphasis on such parameters whilst determining liability as well as deciding on appropriate compensation for the survivors.

Illinois has stringent rules on filing timing with a time limit – referred as “statute limitations” applicable specifically two years from date when death occurred. It’s crucially important not missing out these deadlines as cases filed outside designated timeframe risk complete dismissal no matter how genuine claim circumstances seem.

Alongside truth absorption turns imperative understanding only certain surviving members entitled file suit these tragedies; primarily includes spouse offspring victim case deceased might childless unmarried provisions cater parents siblings being eligible make claim.

We understand that families face numerous challenges during these distressing times, thus we strive to secure just compensation in the quickest possible time frame, keeping you duly updated throughout. We are proud of our high success rate in settling cases without getting tangled into lengthy trials however if a trial seems like the best route for your case, rest assured we’re fully prepared defending your rights relentlessly.

In working with Carlson Bier’s proficient team of attorneys, know that while we cannot fill the void left by a tragic demise, what we can do this side of Atlantic is fight vehemently along such noble cause as yours providing that glimmer hope needed badly proclaim end injustice any sort.

Now more than ever before – your family needs an experienced attorney who understands the intricate dynamics surrounding Wrongful Death claims. Each case holds unique characteristics and diagram; with no one-size-fits-all solution prevailing over others hence it becomes extremely imperative adjudging prompt rightful strategy matching exact circumstances delivering optimum results consequently.

To conclude, it’s terribly unfortunate becoming victim such piteous circumstances having lost their beloved ones tragically gruesome sudden mishaps but remember there’s always helping hand available form profound dedicated competent professionals personal injury domain who aids seeking justice against perpetrators also help securing rightful deserved compensations.

The journey towards justice begins with a single step – click on the button below to determine what your claim may be worth. At Carlson Bier – here for you today… stronger support tomorrow!

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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 De Soto

Areas of Practice in De Soto

Bicycle Collisions

Dedicated to legal services for individuals injured in bicycle accidents due to responsible parties' indifference or dangerous conditions.

Thermal Injuries

Supplying skilled legal services for sufferers of intense burn injuries caused by mishaps or indifference.

Hospital Malpractice

Ensuring experienced legal assistance for persons affected by hospital malpractice, including surgical errors.

Products Fault

Handling cases involving problematic products, offering skilled legal help to consumers affected by defective items.

Geriatric Mistreatment

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

Stumble & Fall Accidents

Specialist in managing stumble accident cases, providing legal assistance to sufferers seeking recovery for their harm.

Newborn Harms

Supplying legal help for relatives affected by medical misconduct resulting in newborn injuries.

Vehicle Accidents

Collisions: Dedicated to guiding victims of car accidents obtain fair payout for injuries and damages.

Motorbike Mishaps

Focused on providing legal support for victims involved in bike accidents, ensuring justice for injuries.

18-Wheeler Collision

Providing experienced legal representation for persons involved in semi accidents, focusing on securing fair recompense for harms.

Construction Site Mishaps

Engaged in assisting employees or bystanders injured in construction site accidents due to negligence or misconduct.

Brain Injuries

Expert in offering professional legal advice for clients suffering from cognitive injuries due to incidents.

K9 Assault Damages

Specialized in managing cases for clients who have suffered damages from dog bites or wildlife encounters.

Pedestrian Mishaps

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

Undeserved Death

Standing up for grieving parties affected by a wrongful death, delivering compassionate and skilled legal representation to ensure compensation.

Spine Trauma

Specializing in assisting patients with vertebral damage, offering professional legal representation to secure redress.

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