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Wrongful Death Attorney in Geneseo

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About Carlson Bier Associates

At Carlson Bier, we understand the profound devastation that wrongful death incidents inflict on families. Securing skilled legal representation during such tough times is crucial. If you’re in Geneseo and are navigating through a wrongful death case, our highly experienced team can deliver exceptional quality and compassionate legal solutions tailored to your unique needs. We pride ourselves at Carlson Bier for our unparalleled commitment to pursuing justice passionately on behalf of those suffering from the unrecoverable loss of a loved one due to negligence or misconduct by other parties. Our attorneys have decades worth of experience handling complex litigation successfully, maneuvering with poise around Illinois’ intricate statutes revolving around wrongful deaths—earning compelling outcomes for clients while alleviating emotional burdens through dedicated support. Our team’s track record speaks volumes about our abilities and dedication as advocates for justice amidst despair. Trust us; no group fights harder toward delivering just compensation – available under Illinois law – than Carlson Bier for unfortunate occurrences related to undeserved demises within beloved family circles.

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Wrongful Death Lawyers in Geneseo Illinois

At Carlson Bier, we are committed to providing you with valuable information on our areas of practice, assisting in bringing clarity and understanding to complex legal terminologies. As a trusted personal injury law group based in Illinois, we believe it’s important for clients to comprehend the specificities of their case terms. An area where our expertise often aids those affected is ‘Wrongful Death’.

Wrongful death is defined as a fatality that has occurred due to the wrongful act, negligence or fault of another person or entity. It can have profound emotional and financial consequences for surviving family members. When dealing with such pain wrought by an unforeseen loss, understanding your rights is pivotal.

Here are few key pointers in relation to wrongful death:

• Establishing A Case: To pursue a wrongful death claim successfully it’s necessary to prove that the deceased person’s demise was directly caused by someone else’s negligence or intentional harm.

• Statute Of Limitations: In Illinois, the statute of limitations for filing a wrongful death lawsuit generally runs out two years after the date of death. However, various factors can modify this timeframe making it crucial to consult with an attorney immediately.

• Compensation Areas: The damages awarded in wrongful death claims typically cover medical costs incurred before death, funeral expenses, loss of expected income from the deceased individual along with less tangible losses like companionship.

• Elements Of Proof: Essential components needed for building up your case includes proving Duty of Care (the defendant owed a duty), Breach of Duty (the defendant failed this duty), Cause (the breach resulted in injury), and Damages(losses suffered due to this breach).

Navigating through these elements can feel overwhelming when grieving over an irreplaceable loss. At Carlson Bier, we handle these burdens so you don’t have to do it alone at such testing times. Our highly skilled attorneys work diligently to champion your cause and seek justice for your lost loved one.

As your trusted personal injury law group based in Illinois, our dedication isn’t just restricted to the courtroom. We provide comprehensive services that encompass empathetic counsel, strong representation, and guidance every step of the way.

Our clients are not only seeking justice for a premature death caused due to negligence or intentional harm but also pursuing closure. Our attorneys have considerable experience handling wrongful death claims, productively steering them through the legal procedures towards a successful resolution while being sensitive to their emotional needs as well.

Dealing with a wrongful death case requires not just legal knowledge but understanding nuances associated with Illinois laws. With Carlson Bier beside you advocating your rights in court, we help ensure you receive fair compensation reflecting physical, emotional and financial losses you’ve suffered.

In this journey together towards justice, Carlson Bier stands by its commitment to be more than ‘just lawyers’. By developing meaningful client relationships backed by robust expert testimony and gathering substantial evidence up-fronts, we are here to navigate these turbulent times right alongside you.

Bringing clarity and comfort amid chaos is one reason why many choose us. Whether exploring prospective avenues of negotiation or engaging top experts for defining clear litigation strategies, at Carlson Bier our modus operandi always remains offering pragmatic advice tailor-made for individual client circumstances.

Severe loss renders finding strength difficult and often embarking on a quest for justice seems like climbing an unachievable hilltop. However with Carlson Bier at your side rooting relentlessly for your cause — it becomes less daunting.

Everyone deserves the chance to fight for their lost loved ones without getting caught up in legal complexities; everyone deserves Carlson Bier’s unwavering support and sound counsel.

Confronting a wrongful death is incredibly tough; figuring out what steps come next doesn’t need to be. We invite you today to explore our expansive range of expertise where learning about intricate terminologies no longer remain elusive but become tools equipping you toward rightful justice.

We recognize the courage it takes to step forward. Hence, we have a discreet and highly confidential case valuation process in place. To discover how much your case is worth, click on the button below. Our dedicated team of experienced attorneys will guide you through every step ensuring you get rightful justice for your beloved one’s untimely demise.

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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 Geneseo

Areas of Practice in Geneseo

Two-Wheeler Crashes

Dedicated to legal representation for persons injured in bicycle accidents due to others's lack of care or hazardous conditions.

Fire Damages

Providing adept legal advice for victims of severe burn injuries caused by occurrences or misconduct.

Medical Incompetence

Offering professional legal services for clients affected by hospital malpractice, including surgical errors.

Goods Accountability

Dealing with cases involving unsafe products, extending specialist legal services to customers affected by product-related injuries.

Nursing Home Misconduct

Defending the rights of seniors who have been subjected to abuse in senior centers environments, ensuring justice.

Tumble & Stumble Occurrences

Adept in dealing with trip accident cases, providing legal support to individuals seeking redress for their harm.

Neonatal Traumas

Extending legal assistance for households affected by medical incompetence resulting in childbirth injuries.

Automobile Crashes

Incidents: Dedicated to aiding clients of car accidents gain fair remuneration for injuries and losses.

Motorcycle Mishaps

Dedicated to providing legal services for motorcyclists involved in two-wheeler accidents, ensuring justice for losses.

Big Rig Collision

Delivering adept legal services for victims involved in truck accidents, focusing on securing adequate compensation for harms.

Building Site Mishaps

Focused on supporting workers or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Head Injuries

Focused on providing compassionate legal advice for individuals suffering from cerebral injuries due to negligence.

K9 Assault Damages

Adept at handling cases for people who have suffered harms from puppy bites or wildlife encounters.

Cross-walker Accidents

Dedicated to legal assistance for cross-walkers involved in accidents, providing professional services for recovering damages.

Undeserved Death

Fighting for grieving parties affected by a wrongful death, providing empathetic and expert legal support to ensure redress.

Backbone Damage

Dedicated to representing clients with vertebral damage, offering compassionate legal services 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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