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Wrongful Death Attorney in Fairmont

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About Carlson Bier Associates

Dealing with a wrongful death can be profoundly challenging – emotionally straining and legally intricate. Effectively navigating through the complex maze of legal procedures requires skilled representation, which Carlson Bier provides. As experts in Wrongful Death law, we comprehend Illinois’ nuanced laws thoroughly, enabling us to advocate for Fairmont families assertively yet compassionately. Our record shows our adeptness at obtaining substantial compensation on behalf of clients who’ve lost loved ones due to another’s negligence or misconduct. While no monetary amount can truly compensate for such profound loss, it does bring some measure of relief by easing financial burdens that this sudden tragedy may have precipitated—medical expenses, funeral costs, lost future earnings among others. Recognizing every case is unique; Carlson Bier builds personalized strategies aiming for optimal outcomes. Through arduous preparation and rigorous execution—we strive relentlessly towards your rightful closure and justice while acknowledging your grief and uncertainty during these difficult times.To ensure comprehensive advocacy in wrongful death cases within Fairmont—you need Carlson Bier at your side!

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About Carlson Bier

Wrongful Death Lawyers in Fairmont Illinois

Carlson Bier are renowned Personal Injury Attorneys established in Illinois and equipped with an impeccable desire to pursue justice on behalf of those who’ve suffered untimely and unnecessary bereavement. Understanding that no monetary compensation can substitute for the loss of a cherished life, we aim to provide comprehensive assistance towards seeking rightful remuneration for consequential damages.

Wrongful Death is acknowledged as the demise instigated by the negligence or misconduct of another entity or person. The aftermath of such tragic incidents involves substantial financial distress around medical bills, funeral expenses, loss of anticipated income, inheritances and more importantly- emotional turmoil from losing emotional support companionship; all dealt disproportionately between surviving members. Our legal team at Carlson Bier is proficient in handling such intricate matters with compassionate efficiency.

Being aware about these prominent aspects substantiates an understanding about your rights in a wrongful death claim:

• Wrongful Death Statute: This entitles immediate family members- spouse, children and parents (for unmarried individuals) to lodge a wrongful death complaint.

• Survival Action Claims: Besides wrongful death claims, survival action can be pursued if decedent didn’t instantly succumb to their injuries.

• Claim Time Period: As stipulated under Illinois Law, filing such claims within two years from date-of-death is imperative barring few exceptions.

• Damages Recoverable: Economic damages involving financial contributions made by deceased person pre-death along with non-economic damages addressing pain,suffering endured before passing away warrant recompense.

Our attorneys at Carlson Bier harbor exceptional credentials dedicatedly serving clients through each phase—commencing investigations promptly rendering timely evidence collection immensely crucial following reporting infringements leading to wrongful deaths. All appropriate paperwork relevant during course proceedings bolsters our efforts towards achieving desired results valuing every client’s unique circumstances proportionately while advocating their rightfully deserved redressal.

Aligning our commitment beyond professional impositions radiates benevolence associatively providing personalized attention to clients fostering higher comfort levels. Ensuring our client’s best interests pivotally supersedes all other considerations vehemently emphasizes integrity within Carlson Bier’s legal conduct while striving towards amicabilty and justice.

We deeply regret your loss and appreciate the courage you’ve shown in seeking rightful compensation against such unjust occurrences. Operating within Illinois, we promise unwavering support throughout this emotionally significant journey even amidst confronting adversity. An enriched experience catering varied contexts around personal injury law fortifies our counted dependability till successful closure of respective lawsuits filed.

To better serve this crucial cause rightfully entitling aggrieved victims, an empathetic approach facilitates seamless interactions propelling trust-filled relationships between our diligent attorneys and clients embedding faith in rectified outcome following unfortunate events precipitating wrongful death scenarios. Acknowledging predicaments endured through such a painful ordeal, we endeavor to expedite resolution alleviating substantial hardship faced during these trying times.

A compassionate companion in your quest for justice, the team at Carlson Bier strives incessantly fighting for rightful and fair restitution leveraging expert representation pursuing not merely victory but equitable resolution ensuring peace-of-mind eventually for bereaved kith and kin- an essential element towards healing from devastating loss.

We humbly invite you to amplify your understanding about how rehabilitation can be sought legally thus infusing hope despite prevalent desolation hovering over times of grief-stricken solitude induced by irreplaceable personal losses suffered tragically. Our commitment rooted fundamentally into legitimately advocating necesary redressal should urge you to initiate proceedings necessary in addressing causal factors leading towards wrongful deaths consequently staging adequate compensation where deserved expansively with legal provisions reinforcing fair judgement on every count categorically.

Taking a moment now could lay the groundwork for finding ample relief from mounting debts caused by unpredictable misfortunes enveloping esteem individuals encountering fateful twists surrounding existence ironically yet fatalistically without prior indication whatsoever inevitably enforcing harsh realizations thrust upon coping survivors abruptly forcing adjustments to imbued lifestyles built around lost soul achievements woven intricately over emotionally shared experiences. With a single click on the button below, secure your right to discern how much your case is deemed worth while remaining bestowed with unflinching legal support empathizing universally yet firmly across diverse dimensions accounted within Illinois’ defined purview about tackling complex wrongful death cases entrusted upon Carlson Bier’s skilfully equipped attorneys dutifully delivering onto promises committed unwaveringly towards maintaining upheld integrity innately embedded into diligent professional conduct inherent exclusively- Carlson Bier.

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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

Areas of Practice in Fairmont

Cycling Collisions

Focused on legal assistance for individuals injured in bicycle accidents due to others' carelessness or dangerous conditions.

Fire Wounds

Supplying adept legal support for sufferers of intense burn injuries caused by occurrences or misconduct.

Clinical Negligence

Ensuring specialist legal support for persons affected by hospital malpractice, including negligent care.

Commodities Fault

Managing cases involving faulty products, providing skilled legal help to victims affected by product malfunctions.

Geriatric Mistreatment

Defending the rights of the elderly who have been subjected to misconduct in care facilities environments, ensuring restitution.

Trip and Stumble Injuries

Skilled in handling slip and fall accident cases, providing legal support to sufferers seeking justice for their suffering.

Infant Wounds

Extending legal support for relatives affected by medical carelessness resulting in neonatal injuries.

Automobile Accidents

Accidents: Dedicated to assisting clients of car accidents receive just payout for harms and damages.

Two-Wheeler Incidents

Committed to providing legal assistance for bikers involved in two-wheeler accidents, ensuring justice for injuries.

Truck Collision

Delivering professional legal services for persons involved in big rig accidents, focusing on securing adequate compensation for harms.

Construction Collisions

Committed to assisting workmen or bystanders injured in construction site accidents due to negligence or irresponsibility.

Cognitive Impairments

Focused on offering professional legal representation for persons suffering from cerebral injuries due to misconduct.

K9 Assault Injuries

Proficient in addressing cases for individuals who have suffered injuries from K9 assaults or wildlife encounters.

Pedestrian Accidents

Committed to legal support for joggers involved in accidents, providing effective representation for recovering compensation.

Unfair Death

Advocating for relatives affected by a wrongful death, delivering caring and professional legal representation to ensure fairness.

Neural Damage

Committed to advocating for patients with paralysis, offering compassionate legal representation to secure compensation.

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