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Wrongful Death Attorney in Flora

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Experiencing the sudden loss of a loved one from wrongful death is profoundly distressing. In these challenging times, Carlson Bier provides compassionate yet authoritative legal guidance and representation you can rely on. With an impressive history in successfully resolving wrongful death cases, our Illinois-based law firm operates diligently to seek justice for victims residing in Flora and surrounding areas. We tirelessly work to ensure families receive proper restitution for their immeasurable losses, be it due to medical malpractice or vehicle accidents.

What differentiates Carlson Bier? Our unparalleled dedication to each case ensures we explore every potential avenue for compensatory damages extensively. Combining expertise with exceptional client service – we navigate through complex laws whilst providing unwavering support throughout your legal journey. Working with us gives you access to top-tier attorneys who consider every facet of your situation and establish comprehensive claims that reflect the gravity of your loss accurately — bringing those responsible before the law.

With Carlson Bier standing resolutely beside you, trust that finding justice amidst adversity becomes less burdensome.

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About Carlson Bier

Wrongful Death Lawyers in Flora Illinois

At Carlson Bier, we understand the depth of despair that follows a wrongful death incident. Our personal injury attorneys are well-versed in Illinois laws and regulations surrounding these unfortunate occurrences. We can provide compassionate legal advice and fierce advocacy to those who have suffered immeasurably due to incidents leading to wrongful deaths.

Wrongful Deaths occur when a person passes away because of another party’s negligence or misconduct. Actions caused by intentional harm, recklessness, or carelessness also fall under this category. Wrongful Death cases function as civil actions which hold liable parties accountable for the immense pain inflicted upon survivors.

Navigating through wrongful death cases can be an emotionally draining process; bour law firm is filled with experienced personal injury lawyers prepared to champion your cause with fervor and sensitivity towards your suffering.

There are three essential elements at play in establishing a wrongful death:

1) The defendant must have been responsible for causing the deceased individual’s fatal accident.

2) Evidence showing reckless disregard or negligence must exist.

3) Surviving family members must demonstrate actual losses resulting from their loved one’s demise (such as loss of income, companionship).

Illinois Law prescribes stictures on who may file for a wrongful death lawsuit: usually the immediate next of kin – including surviving spouse and children. If no immediate family exists, it could extend to parents or siblings as per provisions outlined by state statutes.

Time plays a crucial role in filing any legal action – especially so in instances involving wrongful deaths. The Statutes of Limitations in Illinois sets forth strict timeframe within which such lawsuits need to be filed – typically two years from date of passing but exceptions may apply depending upon circumstances surrounding each unique case.

Compensation recovered from a successful lawsuit can cover damages such as medical bills incurred before demise, funeral expenses, loss of anticipated future earnings contributed by deceased, grief counselling costs among other things. Pain and suffering experienced by lost loved one prior their passing may also be recouped sometimes depending on legal precedent and the specific case dynamics.

Wrongful Death Lawsuits are complex by nature, often involving multi-faceted elements like expert testimonies to establish negligence, financial analyses to calculate future lost earnings as well as presenting convincing arguments backed by stringent evidence collation and investigative diligence. This is where our team at Carlson Bier excels serving as your relentless advocates working relentlessly towards optimizing possible compensation.

While no amount of money or courtroom victories can nullify the permanent loss imbued unto survivors, it does bring some degree of closure enabling families financially through difficult times which inherently accompany such devastating losses. Moreover, pursuing a Wrongful Death claim insures that negligent parties held accountable for their reckless actions creating safer environments in communities we inhabit.

Guiding grieving individuals navigate through complex litigation landscapes with care and compassion while simultaneously deploying aggressive advocacy strategies forms the cornerstone of overall ethos permeating Carlson Bier’s practice. We stand committed towards empowering victims arming them with requisite knowledge needed throughout litigation process coupled with zealous representation embodying uncompromising integrity and tireless dedication.

Knowledge serves power in any therapeutic journey including legal pursuits aimed at redressing deep-seated wrongs inflicted upon us. We trust that this information has given you valuable insight into understanding complexities surrounding wrongful death cases under Illinois Law showing how competent representation by empathetic attorneys truly makes a difference.

We invite you to explore further! The next step involves determining what your unique case could be worth – do so at zero cost or obligation! Feel free to click on the button below offering you instant access towards decoding possibilities laden within justice’s daunting corridors that now lay before you: Let Carlson Beir join hands guiding you every single step along this journey bolstering courage igniting hope amidst darkest hours endured thus far – because we believe firmly in championing truth always; relentlessly advancing cause seeking rightful compensations cultivating healing paths fashioned from empathy’s warm heart gently nudging justice’s cold scales towards balance yearned.

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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 Flora

Areas of Practice in Flora

Pedal Cycle Incidents

Specializing in legal support for people injured in bicycle accidents due to responsible parties' lack of care or dangerous conditions.

Fire Burns

Offering professional legal services for victims of major burn injuries caused by events or misconduct.

Healthcare Misconduct

Offering professional legal representation for clients affected by physician malpractice, including negligent care.

Commodities Fault

Handling cases involving defective products, extending adept legal support to individuals affected by defective items.

Elder Neglect

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

Slip and Tumble Mishaps

Expert in managing tumble accident cases, providing legal support to sufferers seeking restitution for their injuries.

Infant Traumas

Offering legal support for households affected by medical carelessness resulting in birth injuries.

Car Mishaps

Crashes: Dedicated to aiding patients of car accidents obtain reasonable compensation for hurts and losses.

Motorcycle Crashes

Dedicated to providing representation for individuals involved in bike accidents, ensuring fair compensation for losses.

Trucking Collision

Delivering expert legal assistance for drivers involved in truck accidents, focusing on securing appropriate recompense for losses.

Construction Site Crashes

Engaged in assisting laborers or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Brain Injuries

Dedicated to providing specialized legal support for victims suffering from cerebral injuries due to misconduct.

Dog Attack Damages

Adept at dealing with cases for people who have suffered injuries from canine attacks or animal assaults.

Foot-traveler Incidents

Focused on legal support for cross-walkers involved in accidents, providing dedicated assistance for recovering recovery.

Unwarranted Fatality

Working for loved ones affected by a wrongful death, providing sensitive and adept legal services to ensure fairness.

Spine Damage

Expert in defending victims with spine impairments, offering compassionate legal support to secure settlement.

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