Wrongful Death Attorney in Gifford

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About Carlson Bier Associates

When dealing with wrongful death matters in Gifford, Carlson Bier is a top-tier choice for legal counsel. Their experienced team of dedicated attorneys extends their renowned services to assist families grappling with the catastrophic loss of a loved one — providing compassion and assurance through these trying times. Trust that Carlson Bier has the tenacity and knowledge to fight for justice on your behalf successfully. They understand Illinois’ complex laws surrounding wrongful deaths claims, offering comprehensive support throughout each stage of your case. As active advocates against injustice, this reputable personal injury law firm relentlessly pursues fair compensation for families suffering from untimely tragedy. Whether negligence or misconduct was the cause, rest assured that they will use every resource available to bring closure while ensuring respect and dignity remains intact during proceedings. While offering steadfast representation tailored towards Gifford’s community spirit, Carlson Bier consistently demonstrates why they are undoubtedly unparalleled in delivering results when it comes to wrongful death cases.

About Carlson Bier

Wrongful Death Lawyers in Gifford Illinois

Welcome to the esteemed personal injury legal team of Carlson Bier, based out of Illinois. We are an unwavering powerhouse when it comes to personal injury claims, particularly Wrongful Death cases. A wrongful death claim arises when someone loses their life because of another person’s negligence or intentional harmful acts. It is a deeply saddening and painful event that can leave family members coping with emotional distress and financial difficulties.

Wrongful Death as defined by Illinois law is one caused “by wrong actions or the negligence of another.” In other words, if the victim had lived, they would have been entitled to file a personal injury claim themselves. With this understanding, succeeding in such claims requires collective experience and dexterity—traits our team at Carlson Bier possess in abundance.

• The main components required for a successful wrongful death claim include: an unlawful act by another person or institution was chiefly responsible for the loss; the victim died as a result; surviving family members suffered measurable damages due to their loved one’s death.

• Surviving spouses and children may recover damages for grief, sorrow, minor services lost also known as ‘loss of relationship’ damage.

A key factor telling us apart from others is our drive to ensure swift justice prevails amid these tragic circumstances—in our world, victory implies two things: vindication for your loved one and just compensation for you.

In devising your claim strategy with precision grounded on our years of practice dealing with insurance firms and litigation processes within Illinois jurisdiction boundaries—we focus concretely on maximizing your recovery so that your future builds up stably post a tragic loss. Regardless of how large conglomerates or professional individuals might be perceived in society—Carlson Bier holds steadfastly its position—ensuring rightful closure through navigating clients delicately yet effectively in securing rightfully-owed significant remuneration amounts:

• Medical costs incurred before the decedent’s demise

• Funeral expenses

• Loss inherited resources like income

• Emotional distress and other non-economic damages

Moreover, Wrongful Death claims have a specific time-frame within which to be filed. In Illinois, the statute of limitations for wrongful death is typically within one or two years from the date of death—unless otherwise specified by law—for instance, cases involving government entities. Therefore it becomes critical to reach out to us at Carlson Bier sooner than later so we can start building your case promptly.

Wrongful Death lawsuits can indeed be overwhelming but navigating them alone shouldn’t be your plight. With us guiding you every step – from understanding details about possible compensation amounts, comprehending how we structure our fees (more often than not on contingency basis), right through celebrating victory together – consigning your trust in Carlson Bier means turning complex legal dilemmas into steady support systems.

Losing someone you love can never truly be compensated with money – We know. At Carlson Bier, our primary commitment remains: securing justice and ensuring those responsible are held accountable thereby granting you some peace while undergoing healing process after such significant losses.

We invite you now to take the next step forward: click the button below to evaluate what your case might worth—an assessment will aid in gaining clarity around layers forming upcoming processes plus pin down where precisely your strength rests when heading towards reclaiming what’s rightfully yours. The path today may appear daunting but remember we at Carlson Bier stand solidly by you upholding rights of bereft family members perseveringly battling aftermaths of wrongfully lost lives across entire Illinois state.

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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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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 Gifford

Areas of Practice in Gifford

Bike Crashes

Focused on legal support for people injured in bicycle accidents due to negligent parties' negligence or perilous conditions.

Fire Injuries

Extending skilled legal assistance for people of serious burn injuries caused by occurrences or misconduct.

Hospital Negligence

Extending experienced legal services for victims affected by hospital malpractice, including wrong treatment.

Items Liability

Handling cases involving dangerous products, extending expert legal support to clients affected by faulty goods.

Aged Malpractice

Supporting the rights of the elderly who have been subjected to neglect in aged care environments, ensuring fairness.

Stumble & Trip Accidents

Professional in dealing with slip and fall accident cases, providing legal assistance to victims seeking restitution for their harm.

Childbirth Harms

Extending legal help for kin affected by medical malpractice resulting in birth injuries.

Vehicle Mishaps

Collisions: Focused on supporting patients of car accidents gain fair remuneration for injuries and impairment.

Motorcycle Accidents

Specializing in providing legal advice for riders involved in motorbike accidents, ensuring fair compensation for losses.

Big Rig Incident

Extending professional legal assistance for individuals involved in semi accidents, focusing on securing rightful recompense for harms.

Construction Incidents

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

Head Damages

Expert in ensuring professional legal advice for clients suffering from brain injuries due to carelessness.

Dog Bite Wounds

Adept at addressing cases for victims who have suffered harms from K9 assaults or wildlife encounters.

Foot-traveler Mishaps

Expert in legal advocacy for walkers involved in accidents, providing comprehensive support for recovering recovery.

Unfair Fatality

Working for bereaved affected by a wrongful death, offering sensitive and professional legal services to ensure justice.

Vertebral Impairment

Specializing in defending persons with backbone trauma, offering specialized legal assistance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer