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Wrongful Death Attorney in Decatur

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When confronting the immense grief and confusion following an untimely death of a loved one, securing the representation of Carlson Bier can make a crucial difference in your wrongful death claim. As experienced wrongful Death attorneys, we comprehend the intricacies of Illinois law and provide comprehensive legal counsel to clients from all walks of life – including those from Decatur. Our unwavering commitment reflects in our understanding approach, prioritizing your needs during these trying times and ensuring you receive just compensation. Despite not being physically based in Decatur, our reach extends throughout Illinois due to our formidable online presence; ensuring everyone has access to premium legal support at their time of need. Carlson Bier strongly believes that no family should bear the financial burden following a tragic event caused by another’s negligence or irresponsibility.Henceforth as your advocates,having us by your side will ensure diligent pursuit for justice on behalf on those who cannot seek it for themselves.We are committed- we are Carlson Bier – Wrongful Death Attorney group.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Decatur Illinois

Welcome to Carlson Bier, your top-rated personal injury attorney group in Illinois. Our specialty lies in areas such as car accidents, workplace injuries, medical malpractice but most notably, we excel at handling wrongful death lawsuits. Wrongful death is a devastating circumstance where an individual dies due to someone else’s negligence or intentional act.

Our law firm understands that nothing can replace the loss of a loved one. But with our legal expertise and empathetic approach, we seek justice on their behalf and ensure you receive the compensation you need during this challenging time. While dealing with grief, understanding the complexities of wrongful death lawsuits can be overwhelming; hence we encourage our clients to learn about these suits allowing us to guide them effectively through every step.

Understanding wrongful death starts with identifying its critical components:

• A human life was lost: This could be caused by multiple reasons including but not limited to car accidents, defective products or professional malpractice.

• Evidence of Negligence: You must prove that the person’s demise was primarily due to someone else’s negligent behavior.

• Surviving family members are suffering financially: To claim damages it is essential for surviving family members to show financial reliance upon the deceased

• Appointment of a representative: The estate needs to appoint an individual who will make decisions on its behalf

Here at Carlson Bier, assessing whether you have grounds for filing a lawsuit comes next after these factors have been considered. We then focus on determining specific damages that can be claimed which varies depending upon numerous factors that include pain and suffering before death (if any), hospitalization expenses incurred due to injury resulting in death among many others.

Illinois law allows certain people closely related to the deceased like spouse or children commonly referred as ‘distributors’ under wrongful deaths act claim compensation under two categories- economic and non-economic damages

• Economic Damages include out-of-pocket costs/expenses linked directly with wrongful death.it may include funeral expenses, medical bills prior to death and loss of future earnings.

• Non-economic damages refer to the emotional suffering experienced because of wrongful death. It includes the loss of companionship, mental anguish and pain suffered by survivors

Our experienced wrongful death attorneys will collaborate with you in thoroughly documenting these damages according to Illinois law specifications. Constructs like life expectancy at time of death, earning capacity, and the age/condition of beneficiaries are carefully studied thus creating a strong case backed with substantial evidence.

Filing a lawsuit can seem daunting especially when you’re mourning a terrible tragedy but our empathetic team make it their mission to shoulder this burden easing your distress. Our dedicated legal resources throughout Illinois cater to every specificity around regional laws which ultimately helps maximize your compensation while respecting all necessary compliances.

At Carlson Bier, we believe in advocating for peace during times of turmoil by addressing every worry that you might have regarding wrongful deaths lawsuits. Watching our clients receive the justice they deserve reaffirms our commitment towards ensuring that everyone is treated fairly within the bounds of law irrespective their demographical background.So remember should unfortunate need arise don’t hesitate to reach out.Rest assured we’ll do everything in power ensuring what’s rightfully yours is given.

We encourage you now not just as potential clients but conscientious citizens having right know truth.Take that step forward towards getting closure explore how much your case could potentially be worth.Simply click button below for free evaluation.Our dedicated team professionals await patiently help guide through process resolve pain caused due someone else’s negligence.You’re obligation please feel empowered understanding rightful claim would mean support loved ones struggling cope sudden tragic demise.Carlson Bier remains committed fighting justice pursuing full extent possible under Illinois Law.Remember,in journey seek justice,you’re never alone.We’re always here extending helping hand professionally personally whenever required.Allow us privilege turning tragedy into path healing achieving judicial satisfaction deserved moment arose.Be part something bigger.Choose us stand types adversities show world together can make difference.

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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 Decatur

Areas of Practice in Decatur

Bicycle Crashes

Proficient in legal assistance for clients injured in bicycle accidents due to other parties' indifference or dangerous conditions.

Thermal Burns

Supplying professional legal help for patients of intense burn injuries caused by events or indifference.

Medical Incompetence

Offering expert legal services for victims affected by medical malpractice, including wrong treatment.

Merchandise Fault

Taking on cases involving dangerous products, delivering adept legal assistance to victims affected by product-related injuries.

Elder Abuse

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

Trip & Tumble Incidents

Specialist in managing trip accident cases, providing legal support to clients seeking justice for their losses.

Birth Harms

Delivering legal help for families affected by medical misconduct resulting in neonatal injuries.

Vehicle Collisions

Mishaps: Focused on aiding victims of car accidents receive fair payout for harms and losses.

Scooter Mishaps

Committed to providing legal assistance for individuals involved in bike accidents, ensuring fair compensation for losses.

18-Wheeler Incident

Offering professional legal advice for individuals involved in trucking accidents, focusing on securing adequate settlement for harms.

Construction Accidents

Engaged in representing laborers or bystanders injured in construction site accidents due to negligence or misconduct.

Head Damages

Focused on extending expert legal services for persons suffering from neurological injuries due to misconduct.

Canine Attack Traumas

Expertise in handling cases for clients who have suffered wounds from puppy bites or beast attacks.

Pedestrian Accidents

Committed to legal support for joggers involved in accidents, providing comprehensive support for recovering compensation.

Unfair Passing

Fighting for grieving parties affected by a wrongful death, offering caring and experienced legal assistance to ensure restitution.

Vertebral Damage

Expert in representing victims with spinal cord injuries, offering specialized legal assistance to secure justice.

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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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