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Wrongful Death Attorney in Gibson City

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About Carlson Bier Associates

When it comes to dealing with the devastating aftermath of a wrongful death, you deserve assurance that your interests will be diligently represented. This is where Carlson Bier steps in as an exceptional choice for legal counsel. Our team of seasoned attorneys has been assisting clients throughout Illinois, including Gibson City, reclaim their peace through seeking justice and rightful compensation. We understand what’s at stake and thus we dedicate ourselves fully so you can focus on healing while we handle the complex legal matters. With our comprehensive understanding of Illinois law regarding wrongful deaths, we are equipped to navigate these challenging cases efficiently and effectively. At Carlson Bier, every case receives personalized attention from skilled attorneys deeply committed to helping clients achieve the best possible outcomes within legal boundaries set by our state legislature concerning location promulgation. Choose excellence; choose experience; choose empathy when selecting your attorney- all offered by us at Carlson Bier for coping with life’s most difficult moments – Wrongful Death proceedings.

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About Carlson Bier

Wrongful Death Lawyers in Gibson City Illinois

At Carlson Bier, we understand that the loss of a loved one is an emotionally devastating event. When such a loss occurs as a result of someone else’s negligence or wrongdoing; it can be even more challenging to cope. This is often known as “wrongful death”. Herein, families not only lose their loved ones but also endure unexpected financial hardships such as ongoing medical bills and funeral expenses. Based in Illinois, our personal injury attorneys are passionate about seeking justice for those left behind after wrongful deaths. We are committed to navigating these complex legal situations on your behalf so you can focus on healing with your family.

Wrongful death cases require diligence and comprehensive understanding of state laws. Generally speaking, there are several key elements essential to establishing a successful wrongful death claim:

• Proving Negligence: showing that the defendant’s negligent actions were directly responsible for the victim’s death

• Breach of Duty: demonstrating that the defendant owed a duty of care to the deceased person

• Causation: illustrating that this breach was indeed what caused their untimely passing

• Damages: detailing monetary damages clients have suffered due to their loss

There may seem like countless details needed to prove negligence-related fatalities in court; however, our skilled team is experienced at unraveling these intricacies in order effectively represent our clients’ interests before judges and juries alike.

In Illinois specifically, following forms rank amongst common types of wrongful deaths:

• Vehicular accidents resulting from DUIs,distracted driving or reckless behaviour

– Medical malpractice occurring when health care professionals provide subpar treatment

– Fatal occupational injuries occurring at hazardous workplaces

– In fatal product liability cases deriving from defective consumer goods

Losses quantified within ‘damages’ include both Economic – covering tangible losses like potential earnings,pension benefits,burial costs etc;and Non-Economic – offering compensation for less tangible yet considerable losses such as emotional suffering, loss of companionship etc. Value for these damages isn’t standard; it revolves around specific factors like deceased’s earnings, life expectancy and more.

Trust Carlson Bier attorneys to thoroughly explore all potential aspects of your case. Our team consistently draws upon years of experience within Illinois’ legal landscape, crafting compelling cases supported by robust evidence and strategic narratives that highlight the broader impacts wrongful deaths can have on victims’ families.

Though validated by stringent professional acumen, our lawyers genuinely empathize with clients going through harsh circumstances. Handling each case with utmost sensitivity, we maintain constant communication – conveying every development whilst answering any questions our clients might have throughout this process.

At Carlson Bier, we stand ready to help bereaved families seek justice and financial relief in wake of a wrongful death tragedy. Connect with us today – submit your case particulars using the button below for an expert evaluation at no upfront cost. Let us reassure you regarding potential compensations getting you closer towards much-needed closure after your personal traumatic incidents.Allow us to handle the complexities while you focus on honoring the memory of your loved one and beginning the healing process in earnest.

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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 Gibson City

Areas of Practice in Gibson City

Cycling Collisions

Proficient in legal support for clients injured in bicycle accidents due to responsible parties' indifference or perilous conditions.

Flame Traumas

Giving skilled legal support for patients of grave burn injuries caused by occurrences or indifference.

Hospital Carelessness

Ensuring professional legal advice for clients affected by hospital malpractice, including negligent care.

Items Fault

Handling cases involving defective products, extending professional legal support to clients affected by product malfunctions.

Geriatric Neglect

Advocating for the rights of aged individuals who have been subjected to abuse in elderly care environments, ensuring protection.

Tumble & Trip Accidents

Specialist in addressing stumble accident cases, providing legal advice to clients seeking restitution for their harm.

Birth Traumas

Delivering legal assistance for relatives affected by medical negligence resulting in neonatal injuries.

Automobile Incidents

Collisions: Devoted to guiding sufferers of car accidents obtain just payout for wounds and damages.

Motorbike Crashes

Specializing in providing representation for motorcyclists involved in scooter accidents, ensuring adequate recompense for harm.

Big Rig Mishap

Extending professional legal representation for persons involved in semi accidents, focusing on securing just compensation for injuries.

Construction Site Mishaps

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

Cognitive Injuries

Expert in ensuring dedicated legal services for clients suffering from cognitive injuries due to misconduct.

Dog Attack Damages

Adept at handling cases for individuals who have suffered harms from dog attacks or animal assaults.

Cross-walker Incidents

Committed to legal support for pedestrians involved in accidents, providing effective representation for recovering recovery.

Unjust Fatality

Standing up for grieving parties affected by a wrongful death, providing compassionate and skilled legal services to ensure restitution.

Backbone Harm

Focused on defending clients with vertebral damage, offering dedicated legal representation 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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