Wrongful Death Attorney in Earlville

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About Carlson Bier Associates

When faced with tragic circumstances, it’s essential to have someone that you can trust by your side. At Carlson Bier, we understand the pain and anguish of losing a loved one due to negligence or wrongdoing. Wrongful Death cases are both emotionally charged and legally complex—two reasons why expert assistance becomes vital. An attorney from our distinguished firm brings compassion, knowledge, and aggressive legal representation as they pursue justice for families torn apart by wrongful death events in Earlville. Our knack of securing full compensation under Illinois law aims at easing financial burdens tied with loss enabling the concerned family members to focus on healing their emotional wounds while simultaneously building a strong litigation strategy tailored uniquely for each circumstance we handle. Choosing us means receiving comprehensive support through every step in this jarring road—and knowing that no stone will be left unturned till justice is served righteously—for you or your deceased loved one had rights too—rights which deserve defending fervently–and that’s exactly what Carlson Bier guarantees.

About Carlson Bier

Wrongful Death Lawyers in Earlville Illinois

At Carlson Bier, we understand that when a loved one is lost due to someone else’s negligence or intentional actions, the devastation can be overwhelming. It’s not just an emotional blow; it also often brings severe economic impacts to dependents and next of kin. Our compassionate team of personal injury attorneys, based in Illinois, are committed to helping those who’ve experienced such heavy losses through claims of wrongful death.

Wrongful death statutes were created to provide financial support for relatives who were dependent on the deceased for financial/emotional support and companionship. In this context, let us explain what wrongful death means legally: A wrongful death claim arises when a person dies as a result of another party’s legal fault – this could include individuals, businesses or government agencies.

• The elements required to establish wrongful death are typically detailed within state laws; however, they generally encompass features like the following:

• The party’s misconduct caused or contributed significantly to the individual’s untimely passing.

• There are surviving dependents or beneficiaries

• Monetary damages have resulted from the individual’s demise

Bringing a successful claim requires demonstrating these elements effectively before court; outcomes may vary depending upon numerous details pertaining specifically towards each unique case scenario.

Wrongful deaths cases can arise out of numerous situations – car accidents triggered by negligent drivers, medical malpractice by healthcare professionals and companies’ defective products causing fatal injuries being just few examples among many others. They’re complex litigation usually involving multiple parties e.g., insurance firms, corporations et cetera. Therefore it becomes essential having skilled personal injury attorney representing your best interests fighting against deep pocket defendants.

We at Carlson Bier pride ourselves in delivering comprehensive legal services tailored to our clients’ specific needs during these difficult times. We discern deeply about holding responsible parties accountable while seeking maximum financial redress possible via formidable representation inside courtroom ensuring justice handed down too concurrently facilitating closure enabling our clients transition forward towards bright futures they deserve despite their unfortunate circumstances.

Our team believes in making complex legal processes simpler for clients. We ensure you understand the key terminologies like ‘statute of limitations’ – a law that restricts the amount of time within which a wrongful death lawsuit must be filed, or concepts like ‘probate’ – the process by which a deceased person’s estate is properly distributed to his or her heirs and designated beneficiaries, any debts owed are paid off.

Your journey towards achieving rightful justice under Illinois’s substantial body corporate/bodily injury laws commences when we empathetically listen to your story during first consultation conducted without any charge at all. Post this discussion between us together; we endeavor creating optimal strategies navigating through tumultuous legal labyrinths eventually arriving at satisfactory compensatory judgments/settlements.

Now that you know about wrongful deaths and how Carlson Bier can assist, why not find out what compensation you might be entitled to? To make it easy for you, we have created an online case evaluation tool below. Click on the button to explore more about potentially recoverable damages inclusive but not limited to funeral/burial expenses, lost income (including future earnings), medical costs incurred before death along with non-monetary aspects such as pain & sorrow endured by loved ones left behind upon earth suddenly without their pillar of support apart from punitive liabilities directed towards accused acting irresponsibly henceforth repeating similar misconduct in near future being deterred detrimentally owing past experiences encountered via our assertive litigation practices adopted preciously across each client relationship nurtured compassionately over years continuing doing so ahead relentlessly driven passionately best serving interests those entrusting faith upon us during desperate crucial times helplessly looking around experienced professional hands standing alongside them loyally throughout their uphill battles gallantly fought against glaring odds overwhelmingly stacked against innocent lives unfairly caught within deadly crossfire recklessness displayed else openly challenged subtly vindicated visibly unfortunately seen too often sadly across society nowadays unjustly beyond any reasonable doubt expressed otherwise implied frequently more often than not actually necessitating welfare being prioritized ensured properly so forth.

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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 Earlville

Areas of Practice in Earlville

Bike Mishaps

Dedicated to legal assistance for victims injured in bicycle accidents due to other parties' recklessness or hazardous conditions.

Thermal Wounds

Giving professional legal help for patients of intense burn injuries caused by incidents or recklessness.

Hospital Negligence

Offering professional legal assistance for clients affected by clinical malpractice, including surgical errors.

Merchandise Accountability

Addressing cases involving faulty products, supplying professional legal services to individuals affected by product malfunctions.

Geriatric Abuse

Defending the rights of the elderly who have been subjected to neglect in nursing homes environments, ensuring compensation.

Stumble & Tumble Occurrences

Professional in dealing with stumble accident cases, providing legal assistance to sufferers seeking justice for their suffering.

Neonatal Injuries

Extending legal support for households affected by medical malpractice resulting in childbirth injuries.

Vehicle Incidents

Mishaps: Focused on assisting patients of car accidents receive equitable payout for injuries and destruction.

Two-Wheeler Crashes

Expert in providing legal support for victims involved in motorbike accidents, ensuring just recovery for losses.

Trucking Crash

Ensuring experienced legal advice for individuals involved in semi accidents, focusing on securing rightful compensation for hurts.

Building Site Accidents

Concentrated on representing laborers or bystanders injured in construction site accidents due to safety violations or misconduct.

Head Impairments

Focused on delivering expert legal advice for patients suffering from brain injuries due to misconduct.

K9 Assault Traumas

Adept at addressing cases for people who have suffered traumas from dog bites or beast attacks.

Pedestrian Collisions

Focused on legal representation for cross-walkers involved in accidents, providing expert advice for recovering restitution.

Unfair Passing

Working for relatives affected by a wrongful death, extending sensitive and skilled legal guidance to ensure justice.

Backbone Damage

Specializing in supporting clients with paralysis, offering specialized legal guidance to secure redress.

Contact Us Today if you need a Person Injury Lawyer