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Wrongful Death Attorney in Du Quoin

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When a loved one is lost suddenly due to the negligence of another party, Carlson Bier attorneys offer compassionate counsel and aggressive representation in Du Quoin. Specializing in wrongful death cases, understandably complex and emotionally charged, Carlson Bier aims at breaking down legal jargon so you’re advised of your rights aptly delivered with eminence and empathy that sets them apart in the field. With years of experience handling unique nuances surrounding these tragic situations under Illinois law, they have successfully secured substantial compensatory damages for bereaved families reflecting compensation for lost wages or benefits, medical expenses incurred before death as well as funeral costs amongst other considerations. As diligent wrongful death lawyers? They determine accountability while protecting victims against insurance companies who often minimize claimant’s losses. Ensuring justice isn’t just a word but an achievable pursuit for those grieving such immeasurable loss becomes their driving force this consistently builds trust throughout the province around Du Quoin where they are proudly endorsed by clients whose voices speak volumes about their unrivaled representation capabilities during these trying times.

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About Carlson Bier

Wrongful Death Lawyers in Du Quoin Illinois

At Carlson Bier, a premier personal injury lawyer group based in Illinois, we appreciate the complexity of Wrongful Death situations. Moving beyond the emotional turmoil and loss synonymous with wrongful death can be daunting. Our mission is to provide you exceptional legal services while simplifying the process for you.

Wrongful Death cases arise when an individual’s demise results from another party’s negligence, misconduct, or intentional actions. They are deemed wrongful because they could have been prevented if proper care was exercised. From medical malpractice to workplace accidents or assault leading to death; all these scenarios qualify under wrongful death claims.

Understanding some critical aspects about Wrongful Death can make an enormous difference in how your case unfolds:

• Who Can File?

The laws vary slightly depending on location; however, typically immediate family members such as spouses and children can file a claim. Parents of minors may also bring forward a lawsuit if their child dies wrongfully. In certain states such as Illinois, even distant relatives and persons financially affected by the victim’s death may legally file.

• What Constitutes Negligence?

For someone’s actions to be classified as negligent, they must have failed to perform their duty towards the deceased with the same level of caution that a ‘reasonable person’ would’ve used in similar circumstances.

• Damages Involved

Compensation awarded in wrongful death cases often involves reimbursement for past medical bills prior to death, compensation for lost wages that the deceased could’ve earned had they been alive, funeral expenses and noneconomic damages like mental anguish suffered by surviving parties.

Navigating through this complex landscape requires skilled representation – an advocate adept at arguing your case while empathizing with your situation throughout every step of litigation. That’s why choosing Carlson Bier matters: We combine unmatched expertise in personal injury law coupled with compassionately personalized service.

Not only do we understand intricacies of Illinois’ Personal Injury Law but our vast experience ranges across diverse cases, affording us valuable insights and strategies which enhances the efficacy of our litigations for you. Our unrelenting commitment to providing quality legal representation defines our philosophy, and we pride ourselves on fighting aggressively yet empathetically to secure fair compensation for you.

In this trying time, assurance matters. Assurance that every legal angle will be forensically examined; assurance that our tireless efforts are dedicated towards delivering you justice; and above all, assurance that we genuinely value your well-being in taking this fight up against formidable oppositions.

At Carlson Bier, we advocate for you so rest-assured knowing that our team is on your side – proficiently navigating through complex laws, fervently arguing your case before juries or negotiating settlements when appropriate. And most of all: ensuring peace of mind by prioritizing your rights while managing the strenuous demand such lawsuits can place on families like yours.

We believe it’s crucial for clients to have a clear understanding about their case’s worth which allows them to better gauge expectations from litigation proceedings. By clicking the button below, you can access an intuitive calculator designed solely to provide a preliminary estimate about what kind of financial restitution you might qualify for based on several critical factors pertaining to your specific circumstance.

Although seemingly complicated in nature due its complexities–we’ve ensured maintaining user friendliness as paramount within this tool’s design: hence ensuring ease-of-use irrespective of technological proficiency levels amongst users – thereby making it accessible for anyone seeking an idea regarding how much they could potentially expect under Illinois’ Personal Injury Law if their Wrongful Death claim gets successfully settled.

So don’t hesitate—see what sets Carlson Bier apart in spearheading litigations involving wrongful death incidents by clicking this button now! It’s time you understood how much more than just competent legal representation awaits at Carlson Bier—the value lies in aligning yourself with personal injury lawyers who genuinely extend empathy beyond just professionalism…

Don’t just accept our word—verify for yourselves by finding out how much your case could be worth; click the button below & let us begin this journey together. We’re here for you, every step of the way.

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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 Du Quoin

Areas of Practice in Du Quoin

Bike Accidents

Focused on legal representation for victims injured in bicycle accidents due to responsible parties' indifference or risky conditions.

Burn Traumas

Supplying skilled legal advice for victims of serious burn injuries caused by occurrences or misconduct.

Hospital Carelessness

Providing professional legal assistance for patients affected by physician malpractice, including surgical errors.

Goods Obligation

Taking on cases involving defective products, extending adept legal support to clients affected by harmful products.

Geriatric Malpractice

Supporting the rights of elders who have been subjected to mistreatment in nursing homes environments, ensuring restitution.

Tumble & Trip Accidents

Professional in addressing fall and trip accident cases, providing legal support to clients seeking compensation for their suffering.

Neonatal Damages

Providing legal support for loved ones affected by medical incompetence resulting in newborn injuries.

Automobile Collisions

Mishaps: Dedicated to aiding victims of car accidents obtain fair payout for hurts and losses.

Motorbike Collisions

Dedicated to providing legal support for riders involved in motorcycle accidents, ensuring fair compensation for traumas.

Truck Accident

Providing expert legal advice for persons involved in trucking accidents, focusing on securing rightful claims for hurts.

Construction Accidents

Committed to supporting workmen or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Cerebral Impairments

Focused on delivering compassionate legal services for patients suffering from cerebral injuries due to accidents.

Dog Bite Injuries

Adept at dealing with cases for victims who have suffered harms from puppy bites or animal attacks.

Pedestrian Collisions

Expert in legal advocacy for walkers involved in accidents, providing comprehensive support for recovering damages.

Undeserved Loss

Working for bereaved affected by a wrongful death, offering sensitive and skilled legal support to ensure fairness.

Spine Trauma

Specializing in defending victims with backbone trauma, offering compassionate legal guidance 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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