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Wrongful Death Attorney in Enfield

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About Carlson Bier Associates

At Carlson Bier, we strive to bring justice and relief to families affected by wrongful death. Wrongful deaths are excruciatingly painful experiences; the sudden loss mixed with a sense of injustice can be unbearable. This is where our team steps in; to legally represent you and ensure fairness is upheld. As wrongful death attorneys, holding people accountable for their actions lies at the core of our work. Our record speaks volumes about its success across Illinois. We owe this accomplishment to our meticulous approach that leaves no stone unturned while investigating your case, plus an unwavering commitment towards assisting families grappling with such adversity. Upon rendering our services, clients will discover the tremendous breadth of experience underpinning everything we do; as it’s mastery honed over countless trials that translate into promising results for them- proof enough why many consider us top-tier representation when they require a wrongful death attorney in times so dire life inflicts upon them occasionally.

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About Carlson Bier

Wrongful Death Lawyers in Enfield Illinois

At Carlson Bier, law is not just about litigation and arguments: it’s about protecting rights, promoting justice, and seeking fair compensation for victims. We are committed to providing the most comprehensive legal services for those who have lost a loved one due to someone else’s negligence or wrongful action – commonly known as wrongful death case.

Wrongful Death Laws demand that the burden of proof lies on the plaintiff (the person making a claim). Typically, you must demonstrate that your loved one’s death wasn’t merely an accident but was due to negligent behavior. Negligence refers to any reckless or careless conduct that deviates from expected standards of care, resulting in harm. To put it in simpler terms:

– You are required to establish that there was a duty of care.

– Provide substantial evidence that there was a breach of this same duty.

– The breach directly resulted in loss or injury.

– And finally that this loss led to financial damages.

Wrongful death cases can arise from several circumstances including medical malpractice – where healthcare providers fail in their duties; motor vehicle accidents – where other drivers act recklessly; workplace accidents due to inadequate safety measures; product liability when manufacturers release harmful goods into the market.

One significant aspect one should always remember while preparing for such lawsuits is statutes of limitation set by Illinois Wrongful Death Act which opines generally two years post-death time limit within which claims need to be filed; late filings could potentially lead to dismissal. Hence promptness becomes crucial when dealing with these sensitive matters.

Moreover, compensations aren’t confined merely covering medical costs and funeral expenses. They encompass numerous aspects such as:

– Loss of anticipated future income of deceased

-Grief, sorrow and mental suffering endured by surviving family members

-Loss of consortium meaning loss of love & companionship suffered by spouse/children

While no monetary value can fill void left behind by departed loved ones we at Carlson Bier understand the hardships confronted by families during these challenging times. Our experienced attorneys painstakingly put in their best to ensure you receive maximum legal recourse possible under Illinois State Law.

The laws surrounding wrongful death can be intricate, making the legal process intimidating especially while grieving a loss. A competent attorney can help break down these complexities and navigate smoothly through this strenuous journey ensuring true justice prevails.

At Carlson Bier we firmly believe that every victim’s family deserves not just compassion but robust representation too. Hence our personal injury lawyers pull out all stops to fight for what is rightfully yours.Understanding individual narratives & unique circumstances they craft personalized strategies maximizing chances of optimal verdicts/settlements.

We invite you to take advantage of our professional and comprehensive services as your primary source of supportive and effective legal counsel during these trying times. Please click on the button below to learn more about how we may assist you with your case, including an estimate of potential financial compensation. Remember – there is no substitute for quality legal advice when facing a wrongful death claim, so allow us the privilege of guiding you towards fair restitution today.

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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 Enfield

Areas of Practice in Enfield

Cycling Crashes

Dedicated to legal representation for individuals injured in bicycle accidents due to negligent parties' recklessness or dangerous conditions.

Fire Burns

Offering skilled legal support for people of severe burn injuries caused by incidents or indifference.

Healthcare Negligence

Ensuring expert legal assistance for clients affected by healthcare malpractice, including surgical errors.

Goods Accountability

Addressing cases involving unsafe products, providing adept legal help to individuals affected by faulty goods.

Nursing Home Misconduct

Advocating for the rights of the elderly who have been subjected to mistreatment in elderly care environments, ensuring fairness.

Fall & Slip Incidents

Skilled in handling trip accident cases, providing legal assistance to sufferers seeking compensation for their losses.

Neonatal Harms

Extending legal help for kin affected by medical misconduct resulting in childbirth injuries.

Vehicle Crashes

Incidents: Committed to guiding victims of car accidents gain reasonable payout for injuries and damages.

Scooter Crashes

Committed to providing legal services for bikers involved in motorcycle accidents, ensuring rightful claims for traumas.

18-Wheeler Accident

Extending expert legal services for clients involved in trucking accidents, focusing on securing rightful recovery for damages.

Building Site Accidents

Committed to representing workers or bystanders injured in construction site accidents due to carelessness or recklessness.

Cerebral Harms

Committed to extending professional legal assistance for clients suffering from brain injuries due to misconduct.

K9 Assault Wounds

Proficient in tackling cases for victims who have suffered harms from dog bites or wildlife encounters.

Pedestrian Mishaps

Dedicated to legal advocacy for foot-travelers involved in accidents, providing professional services for recovering compensation.

Unwarranted Loss

Standing up for relatives affected by a wrongful death, supplying sensitive and professional legal assistance to ensure fairness.

Vertebral Damage

Specializing in advocating for persons with spine impairments, offering dedicated legal guidance 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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