Wrongful Death Attorney in Edinburg

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When facing the tragedy of a wrongful death, choosing Carlson Bier can make all the difference. With an established reputation in Illinois, our legal team specializes in handling these complex cases with compassion and professionalism. We are dedicated to seeking justice for lost loved ones and establishing financial security for families moving forward after devastation. Our comprehensive understanding of wrongful death law empowers us to successfully represent your interests while honoring the memory of those taken too soon.

With Carlson Bier, each case receives individualized attention backed by unwavering commitment towards favorable outcomes. From diligent research into every aspect of your case to tireless negotiation on your behalf, we strive tirelessly to maximize compensatory awards you may be entitled. While compensation won’t replace who you’ve lost it can alleviate stress about future uncertainties thereby allowing time for healing.

Choosing Carlson Bier means prioritizing experience over guesswork when dealing with matters as serious as wrongful death.Entrust your case in hands well versed in navigating through multifaceted legal channels required bringing closure following such tragedies.Choose excellence; choose peace;choose Carlson Bier.

About Carlson Bier

Wrongful Death Lawyers in Edinburg Illinois

At Carlson Bier, we are deeply committed to serving as your trusted partner on the path towards justice. Specializing in personal injury law, our experienced team of attorneys are particularly proficient in handling Wrongful Death cases. A wrongful death occurs when a person is killed due to the negligence or misconduct of another party – be it an individual, a company or entity.

Wrongful Death encompasses several tragic incidences such as fatal car crashes, medical malpractice fatalities, defective product fatalities and many more that unfortunately sever lives prematurely. The legal intricacies of these cases can often appear overwhelming; this is exactly where our team at Carlson Bier steps in lending both competence and compassion every step of the way.

• One salient point about Wrongful Death cases in Illinois is their distinction from murder cases. Although both result in tragically untimely deaths, they are classified differently under legal purview. Murder charges apply criminal penalties while Wrongful Death suits allow for civil redress by surviving family members who seek compensation for loss and suffering.

• In deciphering Eligibility to file for Wrongful Death claims: The primary eligibility rests with immediate family members – spouses, children (biological or adopted) as well as parents if deceased was unmarried at time of death. Other relatives may be eligible depending upon particular state laws and circumstances.

• Determination of Damages rightfully requires astute evaluation: It fundamentally takes into account financial burdens produced by untimely demise alongside factoring emotional turbulence suffered by bereaved families. These damages typically incorporate lost wages the deceased would’ve earned during lifetime ensuring livelihood continuity for dependents; costs associated with grief counselling services; medical and funeral expenditure stemming from neglect-induced fatality et al.

Our skillset goes far above than merely decoding legal jargons; through years of hard-won experience at Carlson Bier, we have come to understand the immense emotional turmoil that accompanies these lawsuits. We strive not just to achieve rightful legal compensation but also work tirelessly to understand, empathize and support our clients on their paths towards closure and healing.

Importantly, while engaging with a Wrongful Death attorney, it is crucial you feel resonated in terms of trustworthiness as well as competence. You need an advocate who not only understands nuances of the law but also accurately represents your loss.

A distinct line sets apart our personal injury attorney service at Carlson Bier; we are dedicated to prioritize you – understanding your unique case, providing comprehensive advice throughout legal proceedings besides maintaining clear communication ensuring all your questions find answers. Perhaps what sums up everything: At Carlson Bier, we treat every client like they are our only client.

Remember that being aware about prevalent laws surrounding Wrongful Death provides one indispensable headstart in this pursuit. Don’t go through this tough path alone. Our professional experts at Carlson Bier stand ready to provide insight, guidance and represent your interests so you can focus upon coping with your traumatic experiences whilst restoring normalcy in lives affected by untimely fatality of loved ones. It’s time justice served its purpose; we are here to ensure it does!

Please be informed that although death may not bring tax dues always (often exempted under a certain amount), certain wrongful death lawsuit gains could draw taxes based on respective state norms. It’s quite complex thus advisable consulting with knowledgeable counsel ensuring proper liaison between received settlement versus applicable taxation regulations.

Navigate confidently without being bogged down by layered complexities tied up with Wrongful Death suits; Explore what partnering with us bears for this arduous journey ahead! Be proactive in seeking justice for the departed soul; they deserve nothing less than fair redressal!

Undoubtedly, each wrongful death claim brings its own unique set of circumstances that need careful consideration – exactly why clicking the button below is important. A detailed analysis will afford greater clarity over how much your case could potentially be worth along with providing a competent perspective over strategic direction to adopt. Remember – justice isn’t just deserved, it is also fought for…and we at Carlson Bier are ready and waiting to fight on your behalf!

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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 Edinburg

Areas of Practice in Edinburg

Cycling Incidents

Proficient in legal support for people injured in bicycle accidents due to other parties' indifference or perilous conditions.

Flame Wounds

Supplying expert legal assistance for individuals of intense burn injuries caused by accidents or carelessness.

Medical Negligence

Ensuring experienced legal services for individuals affected by clinical malpractice, including medication mistakes.

Commodities Accountability

Taking on cases involving problematic products, offering skilled legal services to individuals affected by defective items.

Senior Misconduct

Representing the rights of seniors who have been subjected to abuse in elderly care environments, ensuring restitution.

Trip and Stumble Incidents

Expert in tackling stumble accident cases, providing legal representation to individuals seeking justice for their injuries.

Neonatal Damages

Supplying legal support for relatives affected by medical carelessness resulting in childbirth injuries.

Auto Accidents

Collisions: Dedicated to helping individuals of car accidents get reasonable settlement for damages and impairment.

Two-Wheeler Incidents

Committed to providing legal assistance for motorcyclists involved in motorbike accidents, ensuring justice for losses.

Truck Crash

Offering experienced legal advice for drivers involved in trucking accidents, focusing on securing rightful claims for harms.

Building Site Incidents

Concentrated on assisting staff or bystanders injured in construction site accidents due to safety violations or carelessness.

Cerebral Harms

Specializing in ensuring professional legal support for victims suffering from brain injuries due to misconduct.

Dog Bite Harms

Skilled in addressing cases for clients who have suffered injuries from canine attacks or wildlife encounters.

Jogger Mishaps

Specializing in legal advocacy for foot-travelers involved in accidents, providing effective representation for recovering damages.

Unfair Death

Working for loved ones affected by a wrongful death, extending compassionate and skilled legal assistance to ensure restitution.

Neural Harm

Focused on representing patients with backbone trauma, offering expert legal representation to secure redress.

Contact Us Today if you need a Person Injury Lawyer