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Wrongful Death Attorney in Fairmont City

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About Carlson Bier Associates

Carlson Bier is a name synonymous with exceptional representation in cases of wrongful death. Proudly serving Fairmont City, our understanding and adept lawyers possess extensive experience that makes them the best suited to handle any complexities arising from such claims. From understanding your pain due to the untimely demise of a loved one, we are committed to protecting your rights while steering you through the complex legalities surrounding wrongful death lawsuits in Illinois state law. At Carlson Bier, we battle relentlessly for justice on behalf of clients burdened by loss—striving for maximum compensation that honors the precious life claimed prematurely and ensures future financial security. Our reputation focuses on delivering accountability where it’s most deserved; defendant negligence will not go unchecked under our watchful eye and robust litigation strategies.

Choose Carlson Bier as your trusted partner when facing uncertain futures after devastating losses—the balance between compassionate counsel and aggressive courtroom advocacy make us unparalleled defenders for justice amidst tragedy(‘.’)

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About Carlson Bier

Wrongful Death Lawyers in Fairmont City Illinois

At Carlson Bier, we understand that losing a loved one unexpectedly in an accident is unimaginably painful and distressing. As respected personal injury attorneys based in Illinois, we have tremendous experience dealing with Wrongful Death cases and are committed to helping individuals navigate this severe loss. Our primary mission is to ensure that justice is served, while providing peace of mind for our clients during these challenging times.

A wrongful death claim arises when a beloved individual dies as a result of someone else’s negligence or misconduct. It’s intended to provide compensation to the sufferings faced by surviving family members—children, spouses, parents—in the wake of their loved one’s passing. The circumstances around such tragically premature deaths can be complex and daunting to comprehend alone – exactly why skilled legal support becomes invaluable.

A few key things you might need to understand about wrongful death claims in Illinois include:

• Who can file? Generally speaking, immediate family members like spouses, children or parents can initiate the claim on behalf of their deceased loved one.

• Timeline: In Illinois law, it’s essential that a wrongful death suit must be filed within two years from the date of death.

• Determining liabilities: The defendant doesn’t necessarily have to be criminally liable for one’s untimely death for you to file your case; you could still mount a lawsuit if they’re proven negligent or reckless.

• Compensation Received: Claimants may seek recovery for grief and sorrow, pecuniary losses (financial contributions made by the person who died) along with funeral costs and medical expenses.

The statute provides remedies in such situations where those left behind require compensation due to sudden loss of companionship and financial instability caused by increased burdens after the unfortunate event.

However, understanding these key points isn’t enough when it comes down to articulating them effectively before court proceedings—an understated value offered by professional attorney groups such as Carlson Bier.

You don’t just hire us for our legal expertise; you hire us for our compassion, for the sleepless nights we spend pouring over case documents to make sure no stone is left unturned. It’s with this dedication that we have gained unparalleled experience advocating wrongful death claims handled sensitively with client interests at the forefront.

The professional attorneys at Carlson Bier are well-equipped to give strategic advice on wrongful death cases and guide you delicately through this difficult period by ensuring that justice prevails. We ensure each unique case is meticulously evaluated allowing families to receive their entitled compensation – thus providing them a great measure of relief financially and emotionally during the healing process.

In conclusion, it’s crucial to engage an experienced personal injury attorney when dealing with Wrongful Death claims. The consequences of not having professional help can lead to substantial financial burdens due to lack of awareness about specific laws related to these cases or refusal of claims by insurance companies.

Are you ready to find out how your case stands legally? Click on the button below, some answers can’t wait, especially those which belong in a courtroom seeking justice for your loved one who deserves nothing less. Find out now how much your case could be worth—it takes only a moment but means peace of mind for a lifetime.

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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 Fairmont City

Areas of Practice in Fairmont City

Pedal Cycle Mishaps

Focused on legal assistance for victims injured in bicycle accidents due to others's carelessness or unsafe conditions.

Flame Burns

Extending skilled legal services for patients of severe burn injuries caused by events or indifference.

Healthcare Misconduct

Delivering dedicated legal support for persons affected by physician malpractice, including misdiagnosis.

Merchandise Accountability

Addressing cases involving unsafe products, providing adept legal guidance to clients affected by product-related injuries.

Nursing Home Abuse

Advocating for the rights of aged individuals who have been subjected to mistreatment in senior centers environments, ensuring justice.

Tumble and Trip Mishaps

Expert in handling slip and fall accident cases, providing legal advice to sufferers seeking recovery for their suffering.

Birth Injuries

Offering legal aid for kin affected by medical negligence resulting in infant injuries.

Car Crashes

Incidents: Focused on assisting sufferers of car accidents secure equitable recompense for harms and destruction.

Bike Mishaps

Dedicated to providing representation for motorcyclists involved in bike accidents, ensuring just recovery for traumas.

Big Rig Accident

Offering professional legal services for individuals involved in big rig accidents, focusing on securing rightful recovery for damages.

Building Crashes

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

Neurological Damages

Dedicated to providing dedicated legal representation for patients suffering from cerebral injuries due to incidents.

Canine Attack Harms

Skilled in managing cases for people who have suffered injuries from dog attacks or beast attacks.

Jogger Collisions

Specializing in legal assistance for walkers involved in accidents, providing effective representation for recovering compensation.

Wrongful Loss

Advocating for relatives affected by a wrongful death, providing understanding and experienced legal services to ensure fairness.

Neural Harm

Committed to advocating for persons with spinal cord injuries, offering expert legal services to secure settlement.

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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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