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Wrongful Death Attorney in El Paso

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About Carlson Bier Associates

If you require exemplary legal representation in Wrongful Death cases, consider the expert services of Carlson Bier. Our distinguished attorneys specialize in this field and have built a formidable reputation for delivering compassionate yet tenacious advocacy on behalf of grieving families in El Paso. With an unwavering commitment to justice, we relentlessly pursue the maximum compensation due to our clients following such tragic circumstances. We excel at navigating complicated legal processes efficiently, prudently addressing each critical detail and are unafraid to take even high-profile entities head-on if need be. Our proven track record demonstrates successfully achieving substantial settlements or verdicts favoring our clients – instigating instrumental changes towards enhanced safety regulations along with holding negligent parties accountable for their actions. At Carlson Bier, every case is handled personally ensuring that clients receive personalized care without having to worry about being lost within big firm bureaucracy; your peace of mind amidst grief remains paramount to us as your rightful compensations are pursued diligently by us- Your premier advocate choice for wrongful death litigation needs.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in El Paso Illinois

At Carlson Bier, we specialize in personal injury law, focusing on robust legal representation for clients based in Illinois. Among our areas of expertise is Wrongful Death – an unforeseen event that can drastically change lives and resultantly inundate families with emotional turmoil and financial quandaries. It’s an area where professional help is not only beneficial but necessary for justice to be served.

Wrongful Death refers specifically to a situation where your loved one passes away as a direct result of another party’s negligence or intentional harm. These could emanate from multiple instances such as vehicle accidents, workplace incidents, medical malpractice, product liabilities among others. Pursuing a wrongful death claim ensures that the responsible party is held liable for their actions while providing the deceased’s family with necessary compensation covering loss of income, funeral expenses, and pain suffered by the survivors.

Here are several key points to consider when dealing with wrongful death:

• Swiftly contact authorities: Ensure any incident resulting in wrongful death is reported immediately to the relevant authorities.

• Gather evidence: Preserve any relevant evidence related to the wrongful death incident.

• Contact an experienced attorney: Engage Carlson Bier early on in proceedings; our breadth of knowledge will support you through these complicated legal procedures.

Carlson Bier provides assertive representation at every juncture ensuring your interests are paramount throughout proceedings. Our attorneys possess rigorous knowledge around vast circumstances underpinning most cases and their legal requirements leading us invariably towards success. We don’t merely represent; we fight relentlessly using persuasive negotiation tactics alongside aggressive courtroom strategies if push comes to shove.

Our primary endeavor remains centered around obtaining maximum compensation possible considering factors like past/potential future earnings of deceased individuals along ensuing economic losses due financial dependency on them pre-death – prohibitive medical bills accrued before passing or distressing funeral costs post-event etcetera providing financial solace during this difficult time when coupled with emotional trauma of losing dear ones.

Setting foot into a courtroom can seem daunting, especially when grieving the loss of loved ones. Here at Carlson Bier, our seasoned attorneys will guide you through every step thoroughly elucidating legal terminologies and recondite procedures. With us on your side, you are never alone in this fight for justice.

Your case is personal to us. We understand that you’re seeking compensation not just from an economic perspective but also to fulfill closure needs by holding culpable party/ies responsible plus dodging similar future fate for others thereby turning individual fights for justice into broader societal good. Our approach isn’t about treating clients like case numbers rather we empathize with your situation emotionally travelling along during difficult times yet maintaining optimum professional standards prioritizing best outcomes every time relentlessly.

Although we’ve seen many cases, each one remains unique because of its underlying circumstances and nuances, hence requiring personalized approaches paving ways towards successful conclusions whilst always being mindful of Illinois laws/statutes throughout proceedings therefore ensuring legality credibility remains intact alongside positive results.

Navigating wrongful death claims can often feel overwhelming due complex nature involving various intersecting areas (insurance policies, hospital records, police reports etcetera) which might be challenging to keep track or interpret correctly however; don’t worry henceforth! That’s where our dedicated knowledgeable team steps in – collating these intricate pieces together painting coherent narratives aiding courts decipher factualness resulting fair resolutions against wrongdoers appropriately compensating affected parties fairly.

Don’t wait another day enveloped within injustice fog created by sudden demises instead take initiative today reclaiming deserved peace! Simply click below ascertain realistic compensation estimates potential cases reflective efforts expended righting misdemeanors bearing fruit – rightful remunerations diminishing present hardships providing comfortable paths forging ahead because everyone deserves bright futures devoid unfair adversities casting long frustrating shadows hindering life’s progressions. Carlson Bier endeavors leaving indelible imprints upon hearts rightfully reinstating liberties happiness was taken unceremoniously earlier restoring proper working order because empathy diligence combined never fail!

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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 El Paso

Areas of Practice in El Paso

Bicycle Mishaps

Focused on legal representation for people injured in bicycle accidents due to others's recklessness or perilous conditions.

Thermal Damages

Extending skilled legal assistance for victims of severe burn injuries caused by occurrences or negligence.

Physician Negligence

Ensuring professional legal assistance for persons affected by medical malpractice, including medication mistakes.

Goods Accountability

Taking on cases involving faulty products, supplying expert legal help to customers affected by harmful products.

Elder Mistreatment

Defending the rights of seniors who have been subjected to mistreatment in nursing homes environments, ensuring protection.

Slip & Trip Incidents

Professional in managing stumble accident cases, providing legal support to victims seeking redress for their damages.

Infant Damages

Extending legal help for loved ones affected by medical misconduct resulting in neonatal injuries.

Vehicle Collisions

Collisions: Concentrated on aiding victims of car accidents receive appropriate payout for injuries and damages.

Motorcycle Incidents

Specializing in providing legal support for victims involved in motorcycle accidents, ensuring justice for traumas.

18-Wheeler Mishap

Delivering professional legal support for victims involved in trucking accidents, focusing on securing appropriate claims for hurts.

Construction Site Collisions

Focused on defending laborers or bystanders injured in construction site accidents due to negligence or negligence.

Neurological Damages

Dedicated to providing specialized legal support for persons suffering from cognitive injuries due to accidents.

Dog Attack Damages

Skilled in addressing cases for victims who have suffered injuries from canine attacks or creature assaults.

Foot-traveler Crashes

Focused on legal advocacy for pedestrians involved in accidents, providing expert advice for recovering claims.

Unfair Fatality

Striving for families affected by a wrongful death, offering caring and experienced legal representation to ensure compensation.

Backbone Harm

Committed to assisting individuals with spine impairments, offering professional legal services 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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