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Wrongful Death Attorney in Freeport

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About Carlson Bier Associates

If you are seeking a skilled wrongful death attorney in Illinois, consider Carlson Bier. Our distinguished law firm has an established reputation for championing the rights of individuals and families affected by tragic losses. In extremely sorrowful times following a wrongful death, we understand your need to find justice swiftly while preserving the dignity of your loved one’s memory. Offering personalized strategies, compassionate counsel, and strong advocacy is our unwavering commitment to each client represented by Carlson Bier. Supported with vast legal expertise in Illinois laws governing wrongful death cases involving negligence or misconduct; we steadily strive towards ensuring maximum compensation possible for your damages grounded on medical expenses incurred, lost earnings potential as well as emotional trauma suffered due to loss of companionship. Count on Carlson Bier’s relentless pursuit of accountability from negligent parties that can literally change lives afflicted with grief into hope-filled paths towards healing and closure– steadfastly embodying principled professionalism at its finest in handling every single case entrusted to us.

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About Carlson Bier

Wrongful Death Lawyers in Freeport Illinois

At Carlson Bier, we understand the devastating impact that sudden tragic events can have on a family. We specialize in providing compassionate and comprehensive services for Wrongful Death cases right here in Illinois. Should you discover yourself embroiled amid such challenging circumstances, our experienced team of Personal Injury Attorneys is committed to assisting you effortlessly through what might be one of your most trying times.

Wrongful death refers to fatal accidents caused by another’s negligence or deliberate harm which results in an individual’s loss of life. These tragic incidents could occur due to various factors such as car accidents, medical malpractice, workplace mishaps, defective products among several others.

Bullet points indicating key aspects:

• Proof Negligence: The basis for any wrongful death claim solely depends upon demonstrating negligent behavior perpetrated by the party at fault.

• Burden of Proof: The plaintiff must provide convincing evidence showing how the actions or lack thereof from the defendant directly resulted in their loved one’s death.

• Damages: Compensating for damages revolves around factors like lost wages, medical bills associated with death, funeral expenses, loss of companionship amongst others.

Navigating through these important details while grieving may seem intimidating without proper legal guidance – but it doesn’t need to be so. Our legal expertise at Carlson Bier allows us to systematically handle everything related to your case promptly and proficiently – from conducting investigations and gathering necessary evidence substantiating negligence, up until dealing with all possible complexities arising at various stages throughout the entire litigation process.

Remember though – evaluating a wrongful death lawsuit depends on many variables; no two cases are ever alike since they hinge predominantly upon unique circumstances surrounding each specific incident. Even if certain situations may appear similar on the surface level at first glance – chances are high that there exist subtle yet significant differences influencing final determinants attributing liability along with exact compensation amounts accordingly awarded.

Our competent attorneys also ensure you comprehend implications pertaining to pertinent Illinois laws such as:

• Statute of limitations: Wrongful death lawsuits in Illinois must typically be filed within two years of the death itself; this duration could fluctuate based on several factors including relation between plaintiff and deceased, nature and cause of the incident among others.

• Distribution of Damages: According to Illinois law, damages for wrongful death are paid “for the exclusive benefit” of surviving spouse and next-of-kin.

Constantly bearing in mind that dealing with the painful loss while simultaneously challenging legal matters might seem overwhelming – our dedicated team at Carlson Bier promises unwavering commitment towards representing your interests fairly. We strive tirelessly to ensure you receive just compensation for suffering from such an immense personal tragedy thus endeavoring to provide some sense of solace during these extremely difficult times.

Finally, we understand how essential it is to get closure following untimely demise inflicted upon a loved one due to another individual’s negligence potentially resulting in their wrongful death – all within mandated timelines as per stipulated state laws without any unnecessary delays whatsoever.

The devastating consequences linked with wrongful deaths undeniably leave deep emotional scars looming perpetually throughout lifetime irrespective whether physical wounds heal over time or not – emotional trauma lasts forever albeit hidden beneath surface level mature coping mechanisms developed eventually somehow making life manageable over a period adapting gradually towards accepting harsh reality boldly face-on however frustrating circumstances surrounding such incidents may continue appearing confounded eternally. We sincerely empathize with everything you might be going through currently while also genuinely hoping together creating brighter futures minus pain thereby ensuring grief finally paves way forward positivity once again sooner than later.

Getting appropriate legal advice early ensures best possible outcomes – why not find out exactly how much your case could actually be worth? Click on the button below now! Discovery today might possibly change your world tomorrow reversing fortunes favorably beyond imagination!

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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 Freeport

Areas of Practice in Freeport

Two-Wheeler Collisions

Focused on legal representation for persons injured in bicycle accidents due to others' recklessness or unsafe conditions.

Flame Injuries

Offering skilled legal support for sufferers of major burn injuries caused by events or indifference.

Clinical Incompetence

Ensuring dedicated legal representation for clients affected by healthcare malpractice, including surgical errors.

Products Liability

Dealing with cases involving problematic products, supplying expert legal support to victims affected by product-related injuries.

Aged Mistreatment

Protecting the rights of nursing home residents who have been subjected to neglect in care facilities environments, ensuring restitution.

Tumble & Trip Injuries

Skilled in addressing fall and trip accident cases, providing legal services to sufferers seeking compensation for their losses.

Childbirth Wounds

Delivering legal assistance for kin affected by medical incompetence resulting in childbirth injuries.

Motor Crashes

Crashes: Committed to supporting sufferers of car accidents gain appropriate compensation for injuries and damages.

Motorbike Collisions

Specializing in providing legal services for riders involved in bike accidents, ensuring rightful claims for traumas.

Semi Accident

Offering expert legal support for drivers involved in trucking accidents, focusing on securing appropriate settlement for damages.

Building Crashes

Committed to representing laborers or bystanders injured in construction site accidents due to oversights or irresponsibility.

Cognitive Damages

Focused on ensuring expert legal advice for victims suffering from neurological injuries due to carelessness.

K9 Assault Wounds

Skilled in handling cases for individuals who have suffered damages from puppy bites or wildlife encounters.

Pedestrian Collisions

Specializing in legal support for cross-walkers involved in accidents, providing comprehensive support for recovering claims.

Unfair Demise

Advocating for bereaved affected by a wrongful death, delivering empathetic and adept legal support to ensure justice.

Vertebral Injury

Committed to supporting persons with vertebral damage, offering expert legal support 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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