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Wrongful Death Attorney in Farina

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About Carlson Bier Associates

At Carlson Bier, our dedicated team of wrongful death attorneys provides expert legal representation to those seeking recompense after tragic loss. In the wake of a loved one’s unexpected passing due to negligence or misconduct, we guide you through every phase of lawful action in pursuit of justice. As an established law firm within Illinois, our proficiency extends across numerous cases concerning wrongful deaths. Our unmatched knowledge and experience position us favorably to advocate vigorously for your rights–resulting in optimum results for our valued clients.

Trusting Carlson Bier with your case ensures provision by skilled legal advocates determinedly pursuing fair compensation on behalf of victims’ families. We have garnered respect from both peers and clients as steadfast litigators upholding high standards of professionalism throughout emotionally charged proceedings.

Our specialty lies not only in negotiating settlements but also fighting relentlessly at trial if necessary – confirming why we’re among the optimal considerations for vital counsel during such challenging times. A choice for Carlson Bier suggests confidence in making sure justice is served – because nothing matters more than vindicating the cherished memory that has been so wrongfully claimed away.

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About Carlson Bier

Wrongful Death Lawyers in Farina Illinois

At Carlson Bier, we stand as a beacon of justice and integrity in the field of personal injury law. As an established Illinois-based law firm, we specialize in various areas- particularly wrongful death cases. When tragedy strikes causing the untimely demise of a loved one due to negligence or misconduct by another party, it is deemed as wrongful death. We understand this can be a difficult event to navigate through both emotionally and legally. Our firm’s expertly trained attorneys are here to provide comprehensive legal representation for those battling these hardships.

Wrongful death claims could emerge from numerous situations such as car accidents caused by drunken drivers, medical malpractices resulting in fatal complications or poorly constructed products leading to lethal incidents among others. Certain key factors that need to be present while filing a wrongful death lawsuit include negligence proving that the defendant’s reckless action paved way for this unfortunate incident; breach of duty showing that the defendant violated their duties towards the deceased; causation producing enough evidence that the defendant’s irresponsibility indeed caused your loved one’s demise and damages substantiating that quantifiable damage resulted from your loved one’s death.

Understanding who has the rightful claim when it comes to wrongful death can sometimes get confusing.

• Surviving Spouse: They have the right to file for losses including companionship

• Immediate family members: Parents, children or siblings can rightfully stake their claims

• Life partners, financial dependents and putative spouses: Illinois law allows individuals who were financially dependent on the deceased person also possess rights over possible compensation

Turn our potential compensation in such an assessment normally includes economic damages which could consist lost wages or potential earnings if not for premature fatality alongside non-economic damages which might embody pain and suffering before passing away along with bereavement following loss of love, society and companionship.

Navigating through legal complexities presented by Wrongful Death cases can prove challenging without guidance from experienced personnel like ours at Carlson Bier. We balance sensitivity towards your loss with the steadfast pursuit of justice, ensuring that wrongful death perpetrators are held accountable for their actions.

At Carlson Bier, we pursue every case vigorously and exhaustively. Our success record backed by an array of satisfied clients further reinforces our commitment towards meticulous legal services. Offering custom solutions tailored according to your distinct circumstances sets us apart in our domain.

Above all, hiring a professional attorney firm like Carlson Bier can help expedite complicated wrongful death claims while providing rightful compensation for the loved ones left behind. Our seasoned attorneys at Carlson Bier come armed with years of courtroom experience, razor-sharp negotiation skills and deep empathy – traits essential while seeking justice for wrongful deaths.

Ultimately, if you or a loved one have been caught amidst such tragic circumstances manifesting an instance of wrongful death, remember that you don’t have to walk this daunting path alone. Here at Carlson Bier, we continually strive to bring value to those struggling under such burdensome lawsuits helping them transform from victims into survivors.

Finalizing this discussion around wrongful death, we would like to extend our expertise and assistance for anyone experiencing such adversity firsthand. If you’re curious about what might be hovering ahead on your legal journey including potential compensation worth around your specific case; simply click on the button below.

We encourage you to trust in us as many others have done so before; let us fight alongside you turning despair into hope and great loss into desirable justice. At Carlson Bier – we care deeply about turning your legal predicaments into harmonious resolutions!

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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 Farina

Areas of Practice in Farina

Pedal Cycle Mishaps

Dedicated to legal services for victims injured in bicycle accidents due to other parties' negligence or risky conditions.

Thermal Burns

Giving skilled legal services for sufferers of major burn injuries caused by events or recklessness.

Physician Carelessness

Delivering specialist legal support for patients affected by healthcare malpractice, including medication mistakes.

Products Fault

Addressing cases involving faulty products, offering specialist legal help to customers affected by defective items.

Nursing Home Abuse

Supporting the rights of nursing home residents who have been subjected to mistreatment in elderly care environments, ensuring restitution.

Fall and Stumble Incidents

Skilled in managing slip and fall accident cases, providing legal assistance to individuals seeking compensation for their damages.

Neonatal Traumas

Supplying legal support for relatives affected by medical incompetence resulting in birth injuries.

Motor Crashes

Mishaps: Committed to aiding victims of car accidents obtain equitable recompense for damages and damages.

Bike Incidents

Committed to providing legal services for bikers involved in motorbike accidents, ensuring adequate recompense for losses.

18-Wheeler Collision

Providing adept legal support for clients involved in semi accidents, focusing on securing fair claims for losses.

Building Incidents

Dedicated to representing employees or bystanders injured in construction site accidents due to safety violations or negligence.

Cognitive Traumas

Committed to providing compassionate legal assistance for victims suffering from neurological injuries due to negligence.

Canine Attack Traumas

Proficient in managing cases for clients who have suffered wounds from puppy bites or creature assaults.

Cross-walker Incidents

Dedicated to legal support for walkers involved in accidents, providing professional services for recovering compensation.

Unfair Passing

Striving for bereaved affected by a wrongful death, supplying sensitive and skilled legal representation to ensure justice.

Vertebral Impairment

Focused on assisting individuals with spinal cord injuries, offering dedicated legal support 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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