Wrongful Death Attorney in Fairmount

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About Carlson Bier Associates

When coping with the tragic loss of a loved one due to another’s negligence, it is essential to engage experienced legal representation. With Carlson Bier, you secure commitment and expertise for wrongful death matters in Fairmount. Drawing from an extensive suite of skills within personal injury law, our attorneys compassionately guide families through the complex litigation process. Our relentless determination translates into solid results when seeking compensation for your devastating loss.

Pioneers in personal injury justice, each member at Carlson Bier utilizes a meticulous approach while handling cases pertaining specifically to wrongful deaths across Fairmount and beyond. Our collective objective is designed around achieving maximum retribution from those responsible whilst allowing time and space necessary for recovery after such catastrophic events.

Carlson Bier prides itself on thorough case analysis ensuring every course of action is strategically explored before proceedings begin – this level of detail can make all the difference between partial or full rightful restitution delivered at court-held hearings.

Consider partnering with us; we are here as your reliable advocates during heartbreaking periods where personalized navigation through the intricacies of Illinois law becomes vital – trust Carlton Bier to illuminate these unchartered terrains leading towards ultimate resolution.

About Carlson Bier

Wrongful Death Lawyers in Fairmount Illinois

At Carlson Bier, we understand that navigating the legal world of personal injury and wrongful death can be overwhelming, especially during tough emotional times. We are an Illinois-based law firm with years of experience focused solely on personal injury law, standing up for people who have had the misfortune to fall victim of others’ negligence.

Our practice is greatly centered around wrongful death cases – a form of legal action where it is alleged that a person’s life was cut short due to someone else’s negligent or intentional act. Every state has its unique set of rules and specifications defining what constitutes a “wrongful death,” hence our concerted focus on Illinois.

• In Illinois, a claim can be filed if the deceased could have pursued a personal injury claim had they survived.

• The defendant’s conduct must lead directly or cause the accident leading to death.

• Wrongful deaths encompass everything from car accidents caused by drunk drivers to complicated medical malpractice cases.

Legal aspects aside; your struggle dealing with loss is understood and respected here at Carlson Bier. Embarking upon pursuing justice after losing your loved one involves grit, determination, and ample support which we assure you will get from us. It also involves understanding potential compensation avenues crucial for closure as well as stability in moving forward.

Financial compensation following wrongful deaths can cover funeral expenses, lost future earnings for those financially dependent on them such as children or spouse, additionally distress compensation for grief suffered including mental pain are considered under this umbrella term – ‘damages.’ Monetary damages awarded often help victims’ families deal with their financial struggles post-incident enabling them to recover slowly yet surely while adapting to new norms without their loved ones.

Each case is unique just like every individual involved. At Carlson Bier, we approach each client’s case individually diving deep into its intricacies ensuring zealous representation putting forth facts and critical pointers driving towards best possible outcomes benefitting you in true sense.

While no price tag could ever replace the priceless loss of your loved ones, Carlson Bier is here to ensure you don’t have to endure it alone. Our experienced personal injury lawyers will diligently investigate, assess, strategize and maximize every possible avenue for compensation making sure justice prevails for not just one moment of negligence but continuous sufferings enforced thereafter.

Most people aren’t aware that there’s a statute of limitations in Illinois specifically for wrongful death claims – sets deadlines by when must your lawsuit be filed. It’s generally within two years from the date of death however varies depending on circumstances as well as exceptions incorporated by Illinois law.

Remember that reaching out promptly guarantees preserving critical evidences, eye-witness accounts with notable points strengthening your case further. The process may seem daunting initially but isn’t something unattainable once we shoulder the responsibility together understanding core concerns advocating arduously aligning with your desires and demands.

Thus, if you’ve suffered from a catastrophic loss and believe it could have been avoided or occurred due to someone else’s negligent or purposeful actions – enable us at Carlson Bier help you during this challenging period gathering pieces back again supporting each step towards justice.

Our strength lies in our reliability deeming us worth being trusted upon carving newer paths filled with resilience. To find out how much your case could potentially be worth – click on the button below. Your path towards demanding rightful justice journeys through visiting pages like these paving ways valuable information assisting decisions not just locally but impacting lives universally bridged together amidst adversity.

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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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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 Fairmount

Areas of Practice in Fairmount

Bike Incidents

Proficient in legal support for victims injured in bicycle accidents due to others' carelessness or perilous conditions.

Fire Burns

Providing expert legal advice for people of serious burn injuries caused by accidents or recklessness.

Physician Carelessness

Extending specialist legal representation for persons affected by physician malpractice, including negligent care.

Products Fault

Managing cases involving defective products, supplying adept legal guidance to consumers affected by product-related injuries.

Aged Abuse

Advocating for the rights of elders who have been subjected to abuse in nursing homes environments, ensuring protection.

Fall and Fall Accidents

Professional in tackling slip and fall accident cases, providing legal representation to individuals seeking compensation for their harm.

Neonatal Harms

Offering legal help for kin affected by medical malpractice resulting in neonatal injuries.

Automobile Crashes

Mishaps: Devoted to supporting individuals of car accidents secure appropriate settlement for harms and losses.

Two-Wheeler Crashes

Specializing in providing representation for motorcyclists involved in motorbike accidents, ensuring justice for injuries.

Big Rig Mishap

Providing professional legal representation for clients involved in big rig accidents, focusing on securing fair recompense for losses.

Construction Site Collisions

Committed to defending employees or bystanders injured in construction site accidents due to carelessness or carelessness.

Neurological Damages

Focused on providing compassionate legal support for persons suffering from head injuries due to incidents.

K9 Assault Traumas

Adept at addressing cases for persons who have suffered traumas from dog bites or animal attacks.

Pedestrian Mishaps

Committed to legal services for cross-walkers involved in accidents, providing professional services for recovering compensation.

Unwarranted Death

Standing up for relatives affected by a wrongful death, offering compassionate and adept legal services to ensure fairness.

Spine Impairment

Specializing in supporting individuals with spinal cord injuries, offering professional legal support to secure recovery.

Contact Us Today if you need a Person Injury Lawyer