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Wrongful Death Attorney in Fairbury

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About Carlson Bier Associates

Struggle and grief often follow a wrongful death, an experience no person should endure alone. Choosing the right law firm such as Carlson Bier is central to finding justice and solace. As renowned advocates in Illinois, our commitment at Carlson Bier lies in offering superior representation to bereaved families journeying through this distressing period. Our expertise covers extensive areas of Wrongful Death claims making us adept at providing unshakeable defense tailored to your case specifics.

From procedural challenges to judicial complexities, our experienced lawyers incorporate strategic reasoning skills with sensitivity on every count. Indeed, ensuring that all personal factors are thoroughly discussed toward maximizing compensation outcomes remains one of our key focuses. Confiding within the realm of support structures we provide means securing top-tier legal solutions favorably working towards bringing you peace during this tragic time.

Our consistent focus demonstrates why countless individuals across Fairbury trust Carlson Bier when it comes down navigating the intricate maze within wrongful death laws in Illinois; sincere dedication undertakes every case we handle.

We take pride standing beside those aspiring for fairness and honesty – because you deserve not only expertly handled lawful resolution but also empathetic companionship during such trying times– Choose Carlson Bier today!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Fairbury Illinois

Welcome to Carlson Bier, your reliable Personal Injury Attorney group offering legal assistance to the residents of Illinois. As an experienced law firm with undeniable proficiency in Wrongful Death cases, we understand that dealing with this type of situation often involves navigating a complex and emotionally-strained path saturated with unfamiliar legal terminologies.

Wrongful death is portrayed as a demise caused unlawfully due to another person’s negligence or intentional harm, whether through a car accident, medical malpractice, workplace accident, or any other scenario. And Illinois law allows for entitled survivors to be compensated for their resulting damages.

• Economic Damages: These are quantifiable losses related directly to the victim’s death such as lost wages (both expected future earnings and benefits), funeral and burial expenses, cost associated with healthcare prior to death as well medical bills.

• Non-Economic Damages: These refer to non-tangible losses including emotional distress (such as loss of companionship and consortium), pain and suffering endured by the deceased before their demise.

Proving negligence or liability for wrongful death requires meticulous understanding of laws in Illinois which entitles survivors – typically immediate family members like spouses, children or parents – rights to sue on behalf of the deceased person. The law in our state gives individuals two years – a statutory period labeled under ‘statute of limitations’– from the date when the demise occurred during which they can file a lawsuit seeking justice for wrongful death.

Navigating these waters understandably appears overwhelming particularly at dishearten times when one has lost their loved ones calling for sensitiveness that only proficient personal injury attorneys from Carlson Bier can provide while ensuring you receive rightful compensation worthy your loss.

Our strategic approach involves investigating and gathering all necessary evidence thrivingly proving liability employing effective negotiation techniques until full compensations are achieved.However,it’s also important noting that under immunity policies there exist certain situations where parties might get exempted from being sued following wrongful deaths arise – an issue Carlson Bier makes you comprehend fully ensuring no rights are overlooked.

Yet, it’s imperative to understand that pursuing Wrongful Death claims is typically subject to the law of limitations. In Illinois, this time span is two years from the date of demise during which legal actions can be initiated.

At Carlson Bier, we perfectly blend our unrivaled legal expertise with compassionate approach as we guide you through each step of your claim process. Providing more than just a professional service, but also a shoulder to lean on during an undoubtedly difficult period.

The amount received in damages varies greatly case by case depending upon various factors like age and health of deceased person before death , his/her earning capacity , degree of fault etc., where Carlson Bier precisely excels at evaluating all these criteria establishing how much your case is worth ensuring you get fairly compensated

By partnering with Carlson Bier for your Wrongful Death lawsuit in Illinois, you’re acquiring passionate advocacy with seasoned attorneys committed towards obtaining rightful justice reflecting upon their expert negotiations skills successfully having navigated through similar trials promptly delivering sought outcome for their cherished clients.

As personal injury lawyers based out of Illinois – not Fairbury specifically – our deep-rooted understanding in wrongful death cases along with empathy-led guidance will prove instrumental in easing the path leading toward achieving rightful justice that your loved ones deserve. Assertive yet empathetic; professional yet personalized – that’s the promise you receive when engaging with us at Carlson Bier.

Injured or unjustly bereaved – whichever unfortunate circumstance brought you here remember there’s always help ready willing dedicated bringing relief and desired justice .We invite you now take decisive step forward clicking button below realizing what true value lay within your case transforming tormented times into financial compensations fostering strength needed fighting another day knowing someone cares deeply about justice served rightfully.

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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 Fairbury

Areas of Practice in Fairbury

Pedal Cycle Crashes

Focused on legal assistance for persons injured in bicycle accidents due to others' lack of care or perilous conditions.

Thermal Burns

Offering expert legal advice for victims of grave burn injuries caused by occurrences or indifference.

Physician Carelessness

Offering professional legal advice for individuals affected by medical malpractice, including misdiagnosis.

Goods Accountability

Addressing cases involving faulty products, offering adept legal services to individuals affected by faulty goods.

Senior Neglect

Advocating for the rights of the elderly who have been subjected to malpractice in senior centers environments, ensuring restitution.

Tumble and Stumble Mishaps

Adept in handling stumble accident cases, providing legal services to sufferers seeking redress for their damages.

Birth Harms

Offering legal help for households affected by medical carelessness resulting in neonatal injuries.

Motor Crashes

Incidents: Concentrated on supporting individuals of car accidents gain appropriate remuneration for wounds and impairment.

Bike Crashes

Expert in providing legal support for individuals involved in motorcycle accidents, ensuring adequate recompense for damages.

Truck Collision

Ensuring adept legal representation for persons involved in lorry accidents, focusing on securing rightful recompense for injuries.

Construction Accidents

Engaged in assisting workers or bystanders injured in construction site accidents due to negligence or irresponsibility.

Brain Traumas

Committed to ensuring expert legal support for persons suffering from cerebral injuries due to negligence.

Canine Attack Harms

Proficient in dealing with cases for clients who have suffered damages from dog bites or creature assaults.

Jogger Incidents

Focused on legal services for foot-travelers involved in accidents, providing dedicated assistance for recovering claims.

Undeserved Loss

Advocating for bereaved affected by a wrongful death, offering understanding and expert legal guidance to ensure justice.

Spinal Cord Trauma

Dedicated to supporting patients with paralysis, offering compassionate legal guidance to secure recovery.

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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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