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Wrongful Death Attorney in East Cape Girardeau

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About Carlson Bier Associates

Experiencing the loss of a loved one due to another’s negligence is an overwhelming journey filled with complexity. Carlson Bier, an esteemed Wrongful Death attorney firm from Illinois, understands these intricacies and is dedicated to providing compassionate guidance during such turbulent times. Specializing in dealing with wrongful death cases whether it unintentional or deliberate; our team brings along expertise that translates into tangible outcomes. We bridge between your bereavement and justice by seeking significant compensation for this irreplaceable loss while ensuring mindfulness towards your sensitive emotions. Striving beyond ordinary boundaries, we serve the families across East Cape Girardeau establishing stellar reputation through creative legal strategies truly reflecting our acumen nuanced over years within the courtroom walls. With a consistent record of securing favorable verdicts coupled with honoring human dignity at all levels further proves why Carlson Bier should be your thoughtful consideration in wrongful death litigations where even victories are bittersweet.Our presence echoes across numerous courtrooms delivering undisputed proficiency whilst rendering services echoing genuine empathy – quality sealed by trust – because you deserve nothing but the best.

About Carlson Bier

Wrongful Death Lawyers in East Cape Girardeau Illinois

As a leading law firm in Illinois, Carlson Bier has built a solid reputation for defending the rights of clients dealing with the heart-shattering blow of wrongful death. It goes without saying that losing a loved one due to avoidable circumstances is devastating. Even worse when you realize that the responsible party refuses or fails to take credence, it creates not only emotional but also financial devastation.

Wrongful deaths occur as an outcome of negligence or deliberate actions by others. These can happen in numerous situations – from car accidents and slip-and-falls to medical malpractice and defective products. At Carlson Bier, our specialized personal injury attorneys understand how disorienting this time can be for family members left behind. That’s why we strive tirelessly to bring justice and secure fair compensation on behalf of your loved ones.

Understanding Wrongful Death: A wrongful death claim arises when a person dies due to another’s legal fault – whether intentional conduct or negligence.

Key features of wrongful death claims entail:

– The sudden demise was caused either in part or entirely by defendant’s misconduct

– The accused party is liable for the damages caused

– The decedent’s surviving beneficiaries or dependents are suffering monetary impediments due to the death

At Carlson Bier, our seasoned attorneys have extensive experience navigating these complex allegations and succeeding in procuring maximum compensation for our clients’ losses.

Dealing With Loss: After such tragedy hits home, most individuals often find it difficult coping with their loss let alone thinking about pursuing a wrongful case against third parties involved. That’s where professional help becomes invaluable – handling lawsuit burdens while you’re allowed time and space to grieve peacefully.

At Carlson Bier, we employ strategic advocacy skills combined with empathetic understanding towards families going through tragic times brought on by a loved one’s untimely passing. We handle all communication with insurance companies who often aim at minimizing claim payouts; inspect accident scene; interview eyewitnesses; collect and compile all relevant evidence necessary to build a solid case in your favour.

Monetary Concerns: Of course, no amount of money can replace the love and presence of a departed family member. However, securing financial compensation through wrongful death claims serves as accountability for negligence on the offending party’s part. It further aids families dealing with:

– Loss of income from deceased

– Funeral expenses

– Medical bills prior to passing away

– Emotional trauma and mental anguish related issues

At Carlson Bier, we understand that every case resonates differently in terms of emotional resonance and monetary values involved. We don’t believe in one-size-fits-all solution but personalize our approach depending on specific facts surrounding each case – aggressive where needed while showing compassion during these trying times.

As you continue to navigate the labyrinths of grief associated with losing your loved one due to another’s carelessness or willful act, remember you’re not alone. Our team of dedicated legal professionals at Carlson Bier is ready to support you every step along the way – providing counsel, comfort, understanding, while relentlessly pursuing justice on behalf of your lost loved one.

Now that we’ve been able to shed some light on steps pertaining crucially towards recovering from such calamity – seeking rightful justice via well-formed lawsuit against responsible party/parties coupled with justifiable claim for compensatory damages; are you curious about how much your unique case could potentially be worth? Then click the button below. Let qualified experts at Carlson Bier Personal Injury Attorney Group lend you a clearer perspective into potential possibilities lying ahead by offering professional evaluation regarding actual value attached to your specific situation.

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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 East Cape Girardeau

Areas of Practice in East Cape Girardeau

Two-Wheeler Collisions

Expert in legal support for individuals injured in bicycle accidents due to others's negligence or dangerous conditions.

Burn Damages

Providing specialist legal support for people of major burn injuries caused by accidents or misconduct.

Medical Malpractice

Delivering dedicated legal assistance for individuals affected by healthcare malpractice, including negligent care.

Goods Responsibility

Dealing with cases involving faulty products, providing expert legal support to consumers affected by defective items.

Elder Mistreatment

Protecting the rights of nursing home residents who have been subjected to malpractice in care facilities environments, ensuring justice.

Slip and Stumble Injuries

Specialist in tackling fall and trip accident cases, providing legal services to individuals seeking justice for their injuries.

Newborn Wounds

Delivering legal aid for loved ones affected by medical malpractice resulting in infant injuries.

Automobile Mishaps

Incidents: Committed to guiding patients of car accidents obtain just settlement for harms and losses.

Scooter Mishaps

Dedicated to providing representation for motorcyclists involved in bike accidents, ensuring rightful claims for traumas.

Big Rig Incident

Offering expert legal support for victims involved in truck accidents, focusing on securing appropriate claims for damages.

Worksite Crashes

Concentrated on representing workmen or bystanders injured in construction site accidents due to carelessness or carelessness.

Cerebral Traumas

Specializing in extending expert legal assistance for persons suffering from head injuries due to negligence.

K9 Assault Harms

Skilled in tackling cases for victims who have suffered harms from K9 assaults or wildlife encounters.

Pedestrian Accidents

Focused on legal representation for foot-travelers involved in accidents, providing dedicated assistance for recovering recovery.

Wrongful Demise

Advocating for loved ones affected by a wrongful death, providing empathetic and professional legal services to ensure justice.

Backbone Injury

Dedicated to advocating for individuals with spine impairments, offering expert legal support to secure compensation.

Contact Us Today if you need a Person Injury Lawyer