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Wrongful Death Attorney in Galena

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About Carlson Bier Associates

As advocates for justice, Carlson Bier is dedicated to representing clients in Galena who have experienced the devastating effects of a wrongful death. Our preeminent attorneys excel at navigating through the intricate legal process associated with these sensitive cases. We commit to providing staunch representation underscored by our depth of knowledge and decades-long experience that distinguish us from our counterparts. Cognizant of Illinois’ stringent compensation laws surrounding wrongful death, we ensure careful preparation and management geared towards achieving optimal outcomes tailored specifically to our clients’ unique situations. As trusted professionals, we imbue clarity into this often complex arena while empathetically addressing your needs- an exceptional combination that endears us uniquely to families during their most trying times. Our reputation as unwavering champions in holding guilty parties accountable ensures you get rightful restitution; it’s part of why Carlson Bier remains a superior choice when seeking guidance on wrongful death litigation within Galena precincts – because at Carlson Bier, we put your interests first.

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About Carlson Bier

Wrongful Death Lawyers in Galena Illinois

At Carlson Bier, we understand that legal complexities can sometimes cloud the sorrow and pain of losing a loved one unexpectedly. Our deep-rooted philosophy centers on providing compassionate assistance to our clients while relentlessly pursuing justice for wrongful death cases. With expertise woven into the intricate tapestry of Illinois law, you can trust us at your most vulnerable times.

Wrongful death occurs when someone’s life is taken due to another person’s negligent or intentional act, causing immense grief and financial hardship to the surviving family members. While it may feel like nothing could possibly assuage your emotional loss and distress, properly capturing compensation through wrongful death claims can alleviate additional burdens during such challenging times.

In a quest for justice, understanding key components within wrongful death is crucial:

– The Defendant: It entails an individual or entity whose negligence or intentional act led to the victim’s demise.

– The Survivor(s): It refers typically to immediate family members who are entitled under Illinois law to assert a claim on behalf of deceased individuals.

– Provable Negligence: Demonstrating proof that points towards defendant’s negligence as being instrumental in causing death remains paramount.

– Financial Impact: Concrete evidence addressing how survivors have been affected monetarily owing to the loss should be presented.

Deciphering these various contours often requires professional insight thereby rendering hiring an accomplished attorney paramount for bringing forth a solid case. Filing for a wrongful death claim involves navigating procedural prerequisites which if executed inaccurately may implicate potential barriers towards claiming rightful compensation. It emphasizes why having an experienced personal injury lawyer by your side alleviates this ordeal enormously.

The underlying strength of Carlson Bier lies in our commitment where there is no disparity between big or small cases; each client receives undivided attention and access to comprehensive legal services tailored specifically around individual needs. We exhibit dogged determination in ensuring our clients receive their morally justified compensations whether via settlements outside courtrooms or rigorous trials before judges and juries.

It’s important to recognize the immeasurable value buried in hiring a respected personal injury attorney who is familiar with Illinois laws. The right professional can intricately handle complex legal maneuvers, negotiate relentlessly with insurance adjusters, and guarantee substantial compensation aligning perfectly with your loss. At Carlson Bier, our notable attorneys don’t merely practice law, but also infuse human touch into each case entrusted with us by gravely affected families.

Ultimately it comes down to understanding that unfortunately in wrongful death cases you’re not just fighting for justice alone; very often there’s an intimidating insurance company on the other side of the table belittling your claim amount. Confidence enmeshed with our legal proficiency ensures we never back down till you get justified reimbursement adhering to Illinois legislation.

Immersing yourself into legal complexities may inadvertently distract from grieving and healing process. Hence, acting wisely involves entrusting your battle for justice onto experienced shoulders like ours at Carlson Bier while giving yourself sufficient time and space required amidst such agonizing times.

It is also essential to note that legal matters require timely action; although hard to imagine initially following a tragic incident yet utterly necessary considering stringent deadlines imposed by statutes of limitation applicable under Illinois law for filing wrongful death claims.

Partnering alongside Carlson Bier doesn’t simply revolve around us offering outstanding legal services; instead it extends beyond courtrooms encapsulating emotional support during tough times bolstered by empathetic ears tuned towards family stories sadly encountering unfathomable sorrow owing to unexpected demises of loved ones. Ultimately what sets apart expert attorneys from rest revolves not around winning cases alone, rather how effectively they relate themselves throughout clients’ journey seeking restitution balancing both their emotional trauma simultaneously against rigidities personified through iron-fisted judiciary processes.

Kindly click the button below if you ever have been forced onto an unwanted trespass across life’s path where bereavement erupts desolately burdened quickly by emerging legal complexities. Here at Carlson Bier, we would esteem it an honor to carry the weight of your stress and fight for justifiable compensation that paints a brighter road ahead during such dark times illuminating hopes within hearts shadowed by grief while adapting our trusted legal services relevantly to meet diverse needs readily beyond ordinary lawyer-client relationships as each case narrates unique saga speaking volume about innocent lives tragically cut short through wrongful death incidents.

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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 Galena

Areas of Practice in Galena

Cycling Mishaps

Focused on legal assistance for clients injured in bicycle accidents due to responsible parties' recklessness or perilous conditions.

Fire Traumas

Supplying specialist legal advice for people of serious burn injuries caused by accidents or recklessness.

Hospital Malpractice

Ensuring dedicated legal representation for persons affected by medical malpractice, including medication mistakes.

Commodities Accountability

Addressing cases involving defective products, offering expert legal help to clients affected by faulty goods.

Geriatric Neglect

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

Trip and Trip Mishaps

Expert in managing fall and trip accident cases, providing legal services to victims seeking restitution for their losses.

Childbirth Damages

Providing legal assistance for kin affected by medical negligence resulting in childbirth injuries.

Motor Incidents

Crashes: Concentrated on supporting clients of car accidents get fair payout for injuries and harm.

Motorcycle Accidents

Specializing in providing representation for motorcyclists involved in scooter accidents, ensuring rightful claims for damages.

Truck Crash

Providing expert legal advice for persons involved in trucking accidents, focusing on securing fair settlement for damages.

Worksite Incidents

Focused on defending workmen or bystanders injured in construction site accidents due to oversights or irresponsibility.

Cerebral Damages

Focused on delivering professional legal services for patients suffering from head injuries due to carelessness.

K9 Assault Damages

Adept at managing cases for individuals who have suffered traumas from canine attacks or animal assaults.

Pedestrian Mishaps

Committed to legal support for walkers involved in accidents, providing comprehensive support for recovering restitution.

Unfair Fatality

Striving for bereaved affected by a wrongful death, providing sensitive and experienced legal guidance to ensure compensation.

Neural Damage

Expert in advocating for clients with vertebral damage, offering compassionate legal services to secure justice.

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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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