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Wrongful Death Attorney in Fulton

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About Carlson Bier Associates

In the unfortunate event of a wrongful death, depend on Carlson Bier for reliable legal representation. A renowned Illinois-based personal injury law firm, we assist clients across all corners of the state including Fulton. Our team prioritizes every case with utmost importance. Drawing upon our combined years of experience and unparalleled expertise in wrongful death lawsuits, we are committed to securing you the justice you deserve and guiding you through this challenging time.

Rest assured that Carlson Bier is proficient at navigating complex cases along with an unmatched understanding of state laws. By choosing us representing your rights ensures personalized attention backed by a robust proven track record in getting substantial compensation for our clients.

No other firm stands more ready or able to fight tirelessly for justice than Carlson Bier when it comes down to litigation involving wrongful deaths.

Trust us as your strongest advocates; let’s turn this painful journey into one towards closure and restitution together – because at Carlson Bier, pursuing justice isn’t just about profession—it’s also about compassion and commitment.

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About Carlson Bier

Wrongful Death Lawyers in Fulton Illinois

At Carlson Bier, we understand the grief and tremendous heartache that shatters your world following the tragic demise of a loved one due to another’s negligence or misconduct. As dedicated professionals in personal injury law, we specialize in providing meticulous legal assistance for wrongful death lawsuits throughout Illinois, ensuring that you receive fair compensation for your overwhelming emotional distress and financial strain.

A wrongful death claim arises when a person loses their life as a result of someone else’s intentional action, neglect, or carelessness. The complexity that surrounds these cases is immense—entangled within state laws allowing only specific surviving family members like spouses, children, parents of minors and sometimes siblings to pursue such a case.

The key considerations in every wrongful death claim include:

• Determination of Negligence: Establishing whether the defendant acted negligently or with intent to cause harm.

• Evidence Collection: Gathering pertinent information like medical records to photographs from accident scenes.

• Calculation of Damages: Comprehensive analysis considering lost wages, funeral expenses along with pain and suffering endured by survivors.

• Legal Procedure Adherence : Filing within Illinois’ two-year statute of limitation timeframe while addressing all statutory requirements.

In such tumultuous times, it’s critical to choose professionals who will operate not only on legal acumen but also with compassion–counselors who value human connection just as much as they do justice. That’s where Carlson Bier steps in; driven by more than mere victory in a courtroom – our mission is restoring dignity, hope and peace for families shattered by loss.

We believe that understanding how each component affects the trajectory and outcome of your lawsuit matters—it enables informed decision-making at every step. Therefore:

• In Proving Negligence – Our experienced attorneys will help demonstrate how the defendant caused your loved one’s death through carelessness or intentional harm.

• In Collecting Evidence – An exhaustive compilation process begins from collating essential records up until reviewing eyewitness testimonies to bolster the case.

• In Calculating Damages – Our team undertakes comprehensive analysis to ensure maximum recovery combining economic losses like inheritance or financial support with non-economic damages like pain, suffering and loss of companionship.

• In Adhering Legal Procedure – With Carlson Bier at your side, you’re supported by a team that understands complex legal procedures ensuring complete adherence to Illinois law while prioritizing your interests.

At Carlson Bier, every story matters. Every life is valuable. We strive not just for compensatory justice but also to bring closure—helping you pick up the shattered pieces in such testing times.

We understand that navigating such strenuous legal pathways is challenging; therefore, we appreciate your trust—a sentiment our attorneys reciprocate through heartfelt dedication and hard-fought victories. So why wait? Explore how much your case might be worth by clicking on the button below—the first step towards redressing the immense wrong done to you and your family—we are ready when you are. As professionals serving across various areas but with a strong imprint in Illinois, we stand beside you – striving tirelessly for justice under Illinois skies—with no implications whatsoever of physical presence outside our legally established offices. With Carlson Bier—you’re never alone in seeking rightful compensation.”

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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 Fulton

Areas of Practice in Fulton

Two-Wheeler Mishaps

Expert in legal assistance for people injured in bicycle accidents due to others's recklessness or dangerous conditions.

Flame Damages

Offering specialist legal support for victims of severe burn injuries caused by events or recklessness.

Medical Negligence

Extending expert legal services for victims affected by physician malpractice, including surgical errors.

Items Fault

Addressing cases involving unsafe products, extending specialist legal guidance to victims affected by defective items.

Geriatric Abuse

Defending the rights of aged individuals who have been subjected to abuse in senior centers environments, ensuring restitution.

Trip and Tumble Occurrences

Expert in managing fall and trip accident cases, providing legal support to sufferers seeking restitution for their suffering.

Infant Damages

Offering legal help for kin affected by medical misconduct resulting in childbirth injuries.

Car Mishaps

Mishaps: Committed to helping sufferers of car accidents get fair payout for wounds and harm.

Bike Incidents

Specializing in providing legal services for bikers involved in bike accidents, ensuring adequate recompense for harm.

Big Rig Collision

Extending professional legal services for individuals involved in big rig accidents, focusing on securing rightful compensation for damages.

Construction Accidents

Engaged in advocating for employees or bystanders injured in construction site accidents due to safety violations or carelessness.

Cognitive Damages

Focused on delivering expert legal assistance for victims suffering from cognitive injuries due to carelessness.

Canine Attack Harms

Expertise in managing cases for clients who have suffered harms from dog attacks or animal assaults.

Pedestrian Collisions

Committed to legal assistance for joggers involved in accidents, providing professional services for recovering compensation.

Undeserved Demise

Fighting for loved ones affected by a wrongful death, providing compassionate and skilled legal assistance to ensure fairness.

Backbone Impairment

Expert in defending clients with vertebral damage, offering dedicated legal assistance 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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