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Wrongful Death Attorney in Effingham

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

The pursuit of justice after the tragic loss of a loved one can be strenuous and complex. It’s often overwhelming, demanding more than your resilience alone can support. In these emotional times, Carlson Bier serves Effingham residents with relentless dedication as their top Wrongful Death attorney choice. With vast experience and demonstrated excellence in personal injury cases, our firm is uniquely qualified to guide you through this difficult journey towards rightful compensation for your painful loss. We comprehend how critical it is to navigate such legal intricacies while respecting your grief; that’s what drives us to relentlessly advocate on your behalf for just reparations under wrongful death statutes of Illinois law. No matter the cause: negligence, recklessness or intentional act leading to this tragedy- at Carlson Bier we provide assurance that justice will not elude those mourning an untimely departure. Following suit with our unwavering commitment towards client satisfaction- we champion unmatched service standards throughout Illinois and stand ready round-the-clock offering empathetic legal counsel during tumultuous moments such as these.

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About Carlson Bier

Wrongful Death Lawyers in Effingham Illinois

Understanding wrongful death and its implications is an essential part of finding the legal recourse you deserve. The professional team at Carlson Bier, a personal injury attorney group based in Illinois, specializes in dealing with such unfortunate circumstances. We comprehend the overwhelming emotions that come from losing a loved one due to someone else’s negligence or intentional act. As your dedicated representatives, we are committed to ensuring you receive the justice and compensation warranted by law.

Whether caused by medical malpractice, vehicular accidents, defective products or workplace fatalities; wrongful death claims can be complex and emotionally draining. But what exactly defines a wrongful death? It is when a person’s death is precipitated directly by another party’s negligent, reckless or deliberate behavior. While no single definition can encompass all potentials under every circumstance across Illinois’ Wrongful Death Act (740 ILCS 180/), some key takes are:

• A wrongful death claim may arise out of numerous circumstances like car crashes.

• To establish liability in these cases proof indication negligence on the defendant’s part is a necessity.

• Damages recoverable herein contemplate both economic aspects–including lost earnings, funeral expenses and medical bills–as well as non-economic factors which primarily concern sorrow and emotional distress.

Carlson Bier firm assists families through this challenging time—looking after their interests diligently while also showing compassion for their situation – translating this into tangible results for clients over our practice duration.

The path to claiming damages stands visualized as follows

• Determining if a valid wrongful death claim exists: Our knowledgeable attorneys analyze case facts vis-a-vis prevailing laws identifying potential claims against responsible parties.

• Gathering evidence: Medical records, police reports plus any additional relevant information support your claim securing fair compensation.

• Negotiations with Insurance Companies: Many insurance companies bank on minimizing payouts post incidents – here our experts utilize years of negotiation experience leading towards most favorable outcomes possible.

• Litigation: If negotiations do not yield satisfactory results our team remains prepared to aggressively champion your rights in court.

As an experienced personal injury law firm, Carlson Bier excels at investigating and litigating wrongful death cases effectively. The journey towards claiming compensation may seem tough, but with our expert guidance it need not be daunting or overwhelming.

We are committed to transparency and as legal professionals we think it is important that you understand how the legal fees work in such cases. Our services are usually enlisted on a “contingency fee” basis which simply means that we only get paid when you do – providing professional assistance without adding financial stress following tragic circumstances. This business model allows us to fight for maximum compensation while ensuring no added burden falls on our clients.

Placing trust in a firm during this time of deep emotional distress can feel intimidating, yet necessary, let the experts at Carlson Bier guide you through each step of your case with competence and compassion—as demonstrated consistently by our successful case history. We pride ourselves in offering comfort amidst legal complexities—providing prompt communication, clear explanation of procedures and dedicated execution of strategy targeted around procuring rightful resolutions.

In fact, now is the opportune moment to determine the potential worth of your case!. By clicking on the button below you can obtain an immediate estimation. A team member will then follow up promptly discussing specifics enabling better understanding of where you stand legally as well as financially post this unfortunate event. It’s user-friendly plus completely confidential!

Although dealing with bereavement seems insurmountable; securing justice serves vital closure fueling healing process initiation. As trusted allies facilitating dependable legal recourse occupying minimal timespan—we remain steadfastly beside every client from claim inception till culmination. Unforeseen events reverse life’s normalcy—however together we can navigate this storm arriving at justified compensatory avenues encouraging future stability restoration!

Ensuring fairness for those suffering wrongful loss marks our mission principal—hence seize control reclaiming what rightfully should belong to you— click below assessing your case worth today! Carlson Bier remains dedicated towards turning a deeply traumatic life period into the first step towards rebuilding for you and your loved ones.

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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 Effingham

Areas of Practice in Effingham

Bicycle Accidents

Specializing in legal assistance for individuals injured in bicycle accidents due to others' lack of care or perilous conditions.

Burn Wounds

Giving professional legal help for sufferers of major burn injuries caused by accidents or recklessness.

Clinical Carelessness

Delivering expert legal representation for patients affected by hospital malpractice, including negligent care.

Goods Responsibility

Addressing cases involving problematic products, offering specialist legal support to customers affected by product malfunctions.

Senior Mistreatment

Representing the rights of seniors who have been subjected to misconduct in aged care environments, ensuring protection.

Stumble & Slip Mishaps

Professional in managing tumble accident cases, providing legal representation to individuals seeking restitution for their damages.

Neonatal Injuries

Extending legal guidance for loved ones affected by medical carelessness resulting in infant injuries.

Vehicle Accidents

Crashes: Dedicated to supporting clients of car accidents secure appropriate settlement for hurts and harm.

Two-Wheeler Mishaps

Expert in providing legal support for motorcyclists involved in two-wheeler accidents, ensuring justice for injuries.

Semi Accident

Delivering expert legal services for victims involved in trucking accidents, focusing on securing appropriate compensation for damages.

Construction Mishaps

Dedicated to assisting workmen or bystanders injured in construction site accidents due to oversights or negligence.

Neurological Damages

Focused on offering professional legal representation for victims suffering from brain injuries due to accidents.

Dog Attack Wounds

Proficient in tackling cases for clients who have suffered injuries from puppy bites or creature assaults.

Pedestrian Mishaps

Committed to legal representation for cross-walkers involved in accidents, providing dedicated assistance for recovering restitution.

Undeserved Fatality

Fighting for loved ones affected by a wrongful death, offering caring and adept legal services to ensure redress.

Spine Impairment

Dedicated to supporting persons with backbone trauma, offering specialized legal representation to secure justice.

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312-313-2440