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Wrongful Death Attorney in Elkville

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About Carlson Bier Associates

When faced with the heartbreaking circumstance of a wrongful death, you need dedicated professionals like Carlson Bier. Our renowned law firm specializes in personal injury cases and works tirelessly to represent innocently affected families right here in Elkville. Meticulously investigating the circumstances surrounding each case is our forte – we work quietly but surely behind the scenes to build robust legal defenses for our clients. In representing your interests due to a wrongful death, we harness extensive experience matched with an understanding of Illinois laws. Detailed documentation, strategic negotiation and masterful trial advocacy are some key strengths that set us apart from other firms while ensuring maximum recovery for losses suffered. At Carlson Bier, compassion resonates through every interaction we have with grieving families as they navigate this painful journey; client care remains at our core as much as securing justice does. For comprehensive support during such difficult times, making Carlson Bier your preferred advocate guarantees focused attention on alleviating anguish and obtaining reparation.Beyond being just legal assistants in Elkville’s community,simply put- We exist because you matter!

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About Carlson Bier

Wrongful Death Lawyers in Elkville Illinois

At Carlson Bier, we understand that losing a loved one is an experience of unparalleled difficulty. When such loss is the result of negligent, reckless, or deliberate actions of another party and could have been prevented – it’s legally termed as Wrongful Death. As seasoned personal injury attorneys based in Illinois, we possess extensive knowledge about Wrongful Death cases which often encompass situations such as medical malpractice, automobile accidents, workplace accidents, product liability issues and many more.

Wrongful death claims are aimed at offering financial compensation for the bereaved family members who lost their loved ones due to someone else’s fault. The objective here doesn’t merely boil down to seeking justice but assuring adequate monetary provisions to cope with emergent expenses like medical bills and funerals as well as untoward implications on stable income sources.

What distinguishes Carlson Bier from other law firms dealing with this intricate legal field?

• Our team comprise seasoned lawyers who generate strategic insights from rigorous analysis coupled with empathy

• We appreciate unique attributes within each case ensuring you receive personalized service

• Our client-centric approach ensures keeping you informed about case progress

Consequently moving forward and rebuilding your life in the aftermath of a wrongful death can be emotionally draining and challenging. Attracted by our commitment towards securing maximum compensation for our clients and easing their burdens during distressing times makes us stand out clearly as leading Personal Injury Attorneys in Illinois.

Moreover, understanding nuances associated with this sensitive area of law is crucially important:

1) Only authorized individuals like spouse or children can file a wrongful death claim

2) There exists a specific time frame (statute of limitations) post-incident when these claims can be lodged

3) While focusing on comparative negligence rules – considering if deceased contributed partially to the event causing their demise might direct proceedings differently.

4) Repercussions involving collecting damages when deaths involve minors significantly influences court decisions

At every step though complex it may appear, the Carlson Bier team ensures guiding and empowering clients with all requisite legal knowledge associated with these hard-fought cases.

The sheer stress stemming from grieving loss of loved ones whilst simultaneously participating in strenuous legal battles often doesn’t outweigh emotional tolls witnessed. At Carlson Bier, not only do we promise lending our rich industry wisdom but a pillar support that surely enhances your winning chances substantially. The path might seem daunting – riddled with prospective courtroom appearances, copious amounts of paperwork, looming uncertainty about possible outcomes. However, equipping yourself with a competent ally eases this process significantly by managing convolutions deftly thereby assure optimal final results helping provide closure while furthering pursuits towards peace.

If you or someone you know is dealing with the aftermath of a wrongful death situation, don’t shoulder the burden alone. Allow us to put our proficiency at work achieving not merely compensation rightful for you but also providing deserved justice for your deceased dear one.

Remember – guidance from experienced Personal Injury Attorneys can make an enormous difference to case outcomes as well as navigating through overwhelming legalities inflicting less distress upon already distressed individuals walking this arduous journey. Therefore delve into exploring how over thirty years of rich law experience amassed by polished attorneys present on board at Carlson Bier make us ultimately your greatest support system during such trying times.

To complement words spoken here, let’s initiate action! Courageously taking first step is always tough; nevertheless believe that halfway to freeing yourself from weighty responsibilities accompanying such lawsuits has just been accomplished by considering professional assistance available readily at service now! So why waste any more precious time consumed already! Determine potential worth linked with your specific case today!

Just remember – We are always ready offering legislative expertise standing besides you ensuring recovery becomes a non-exhaustive possibility rather than appearing caught up in endless litigation cycles bearing heavy costs both emotionally as well financially every single day without respite extending itself!

At Carlson Bier we can help alleviate the stress of a wrongful death case and fight for your claim passionately. Don’t wait another moment, click on the button below now and find out how much your case could potentially be worth!

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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 Elkville

Areas of Practice in Elkville

Bike Collisions

Dedicated to legal services for clients injured in bicycle accidents due to other parties' negligence or hazardous conditions.

Fire Traumas

Extending specialist legal assistance for individuals of severe burn injuries caused by events or negligence.

Healthcare Carelessness

Delivering specialist legal assistance for patients affected by medical malpractice, including medication mistakes.

Items Liability

Handling cases involving problematic products, extending specialist legal help to individuals affected by defective items.

Aged Misconduct

Representing the rights of elders who have been subjected to neglect in senior centers environments, ensuring protection.

Slip and Tumble Accidents

Skilled in handling tumble accident cases, providing legal representation to persons seeking restitution for their suffering.

Birth Harms

Offering legal help for families affected by medical incompetence resulting in newborn injuries.

Vehicle Mishaps

Crashes: Devoted to assisting clients of car accidents secure reasonable compensation for hurts and harm.

Scooter Crashes

Focused on providing representation for victims involved in bike accidents, ensuring rightful claims for damages.

Big Rig Mishap

Extending professional legal services for persons involved in semi accidents, focusing on securing appropriate recovery for harms.

Building Site Crashes

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

Head Injuries

Dedicated to offering expert legal advice for persons suffering from cognitive injuries due to incidents.

K9 Assault Harms

Proficient in handling cases for people who have suffered harms from puppy bites or wildlife encounters.

Cross-walker Mishaps

Committed to legal assistance for pedestrians involved in accidents, providing effective representation for recovering compensation.

Unfair Fatality

Fighting for grieving parties affected by a wrongful death, supplying caring and experienced legal support to ensure justice.

Backbone Impairment

Focused on defending victims with paralysis, offering dedicated legal representation to secure compensation.

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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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