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Wrongful Death Attorney in Elizabeth

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About Carlson Bier Associates

Representing the citizens of Elizabeth, Carlson Bier is a prestigious legal firm known for its dedicated commitment towards cases of wrongful death. Our expertise in personal injury law empowers us to guide our clients through the complex maze of litigation deftly and with empathy. Wrongful deaths not only inflict emotional pain but also cause financial hardships on grieving families. The experienced team at Carlson Bier understands this trauma; hence we endeavor to relentlessly fight for your rightful compensation while handling your case sensitively every step of the way. We are cognizant that such delicate proceedings demand immense dedication, research, negotiation skills and high proficiency in all aspects of personal injury laws- a defining characteristic inherent within our lawyers at Carlson Bier. As trusted advocates for justice, our sole aim centers around easing your burden by securing fair redressal swiftly and effectively through comprehensive legal action concerning wrongful deaths regardless

of circumstances leading up to it or challenges associated with complexities involved in these lawsuits.

About Carlson Bier

Wrongful Death Lawyers in Elizabeth Illinois

At Carlson Bier, we understand that wrongfully losing a loved one can not only affect you emotionally but also financially. Wrongful death cases involve situations where individuals lose their lives due to the negligence or recklessness of others. This negligence can range from irresponsible driving leading to fatal car accidents, failure in medical care resulting in mortal complications, wrongful handling of machinery causing deadly outcomes, and more severe cases involving willful acts like assault leading to death.

Accidents leading to wrongful death often leave families devastated and struggling with unexpected costs such as funeral expenses, loss of income from the deceased person’s employment, or even heavy medical bills if there was an attempt at life-saving treatment before the death occurred. But rest assured; you don’t have to face this challenging time alone. It is our mission at Carlson Bier to stand by your side during these trying times and seek justice for your lost loved one.

Let’s delve deeper into some factors that should be considered while filing a wrongful death lawsuit:

* Identify who is responsible: The first step involves identifying who caused the fatal event. It might be an individual whose careless actions led directly to an accident or a company that failed to provide safe working conditions.

* Gather evidence: Document all associated information – conversations, incidents and other relevant facts pertaining to case. Evidence could include testimonies from witnesses, photographs or security footage.

* Notify insurance companies: The negligent party’s insurance company should be notified about the incident so they are aware about potential claims against their insured entity or individual.

* Calculate losses/damages: This involves computing financial damages including any future wages that were anticipated from the deceased if they had lived on normally.

At Carlson Bier law firm in Illinois, we bring a wealth of experience and deep understanding of Illinois laws regarding wrongful deaths. Our team comprises dedicated personal injury attorneys who are determined and committed to offer legal support every step along your journey towards obtaining fair compensation for your unfortunate loss.

There are two categories of damages in wrongful death cases that you can legally claim under the Illinois law:

• Actual Damages: These are quantifiable, tangible losses like funeral expenses, medical bills or lost earnings. They aim to provide a monetary equivalent for your financial loss alongside lost services and contributions like education expenses or household chores which would have been covered by the deceased.

• Punitive Damages: Aimed at punishing an offender and deterring similar future negligent behavior, these may not be awarded in every case but under special circumstances where negligence was extreme or willful.

It is also important to note that under the ‘Statute of Limitations’ for wrongful deaths in Illinois, such claims should be filed within 2 years from the date of death of the person involved. However, each case can drastically differ prompting unique deadlines depending on specific circumstances. This makes it crucial to reach out to a personal injury attorney at Carlson Bier as soon as possible following a wrongful death event to guard your rights effectively.

Navigating through legal procedures while dealing with emotional turmoil can indeed be overwhelming hence our commitment towards handling each case compassionately yet authoritatively. Our attorneys will work ardently ensuring fervent representation before insurance companies and if needed, litigate your case fiercely achieving just compensation – making sure that justice prevails over reckless acts causing irreparable loss.

Don’t let time slip away; take action now! Secure justice for your loved one’s untimely death and alleviate ensuing financial burden associated with it by reaching out today. Know how much your case could potentially be worth. Ready for your first consultation? Click on the button below – because you deserve utmost support during this trying phase! Here at Carlson Bier we’re here for you – because advocating fairness isn’t just our profession but passion too.

Testimonials from Clients

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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 Elizabeth

Areas of Practice in Elizabeth

Bicycle Crashes

Expert in legal assistance for people injured in bicycle accidents due to other parties' carelessness or hazardous conditions.

Scald Traumas

Extending professional legal support for victims of intense burn injuries caused by mishaps or recklessness.

Healthcare Malpractice

Offering specialist legal advice for individuals affected by hospital malpractice, including wrong treatment.

Commodities Obligation

Taking on cases involving dangerous products, extending specialist legal help to individuals affected by product malfunctions.

Elder Neglect

Defending the rights of elders who have been subjected to misconduct in aged care environments, ensuring justice.

Tumble and Fall Incidents

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

Birth Traumas

Supplying legal guidance for relatives affected by medical negligence resulting in childbirth injuries.

Auto Accidents

Incidents: Focused on assisting patients of car accidents secure just remuneration for wounds and impairment.

Two-Wheeler Accidents

Focused on providing legal advice for bikers involved in motorbike accidents, ensuring fair compensation for damages.

18-Wheeler Crash

Extending experienced legal assistance for victims involved in semi accidents, focusing on securing rightful compensation for injuries.

Building Site Mishaps

Engaged in supporting laborers or bystanders injured in construction site accidents due to negligence or irresponsibility.

Head Damages

Expert in extending expert legal services for clients suffering from cerebral injuries due to accidents.

K9 Assault Traumas

Adept at handling cases for clients who have suffered damages from dog bites or beast attacks.

Jogger Accidents

Specializing in legal assistance for foot-travelers involved in accidents, providing expert advice for recovering restitution.

Unjust Fatality

Working for families affected by a wrongful death, extending sensitive and expert legal services to ensure justice.

Spinal Cord Impairment

Focused on supporting persons with spine impairments, offering dedicated legal assistance to secure redress.

Contact Us Today if you need a Person Injury Lawyer