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Wrongful Death Attorney in Gillespie

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About Carlson Bier Associates

In the aftermath of a devastating wrongful death, Carlson Bier stands as your legal stronghold. As esteemed advocates in Gillespie, we specialize in navigating the complex nuances of wrongful death claims to assertively pursue justice. Our powerful commitment to victims’ rights combined with our comprehensive legal knowledge has earned us an impeccable record. At Carlson Bier, we understand that during these trying times compassion is needed alongside aggressive representation; hence we commit ourselves fully to each case ensuring you can face tomorrow without undue worry about today’s uncertainties. We diligently work for maximum compensation while respecting and empathizing with your loss and pain. Dealing exclusively with such demanding cases allows our experienced lawyers to maintain proficiency and stay updated on local regulations surrounding wrongful deaths within the Illinois jurisdiction including Gillespie city limits… Lasting tranquility might seem out-of-reach but choose Carlson Bier: a name synonymous with reliability and masterful execution when it comes down representing unfortunate victims of untimely demises comprehensively.

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About Carlson Bier

Wrongful Death Lawyers in Gillespie Illinois

At Carlson Bier, an eminent personal injury law firm in Illinois, we understand your anguish over losing a loved one in an untimely accident. This heart-wrenching experience often leaves the family with emotional disruption, financial hardships and many unresolved questions. Our valued clients can find solace from our experienced wrongful death attorneys who aim to provide comprehensive legal counsel and empathetic support during these difficult times.

Wrongful death refers to casualties caused by the misconduct or negligence of another entity or individual. State laws allow survivors to file a lawsuit seeking compensation for their losses including loss of companionship, lost prospect income and even funeral expenses. A wrongful death claim is essentially a civil action separate from any criminal charges that might apply; it thus requires a lower burden of proof – almost entirely hinged on preponderance of evidence rather than absolute certainty.

Key factors differentiate every case however there are few fundamental elements required for establishing liability in a wrongful death claim:

• Proof that the defendant’s actions were negligent

• Evidence showing this negligence was directly associated with the victim’s demise

• Documented implication of damages such as monetary costs resulting from the loss

Understanding these components helps underline the overall high stakes intricacies involved with these lawsuits. Seeking legal guidance could improve your chances at attaining justice for your beloved family member’s untimely demise.

Here at Carlson Bier, we harbor several qualified wrongful death lawyers who employ bespoke strategies tailored specifically for each unique case presented to them. Supported by discrepancy-free investigation methods to decipher causality between negligent behavior/action and resultant fatality coupled with extensive understanding of laws governing wrongful deaths specific to Illinois, our team presents competent representation primed towards securing maximum compensation achievable where feasible.

Righteousness should not be left unattended but worked upon diligently until achieved. Wrongful deaths invoke grief amplified further by underlying injustice – certainly a combination warranting action outdoing mere sympathies… Yes! Action towards procuring justice…Action towards ensuring rightful remuneration for the loss endured.

The road to dealing with an unfortunate wrongful death incident is surely a taxing one; laden often by various complicated legal issues. By choosing Carlson Bier’s attorneys, you are assigning experienced advocates to guide you through these complex crossroads; advocates who are highly aware of providing sensitive yet authoritative representation capable of achieving righteous closure and substantial compensation.

Our client dedicated service doesn’t entirely limit itself within the courtroom walls but exceeds beyond that – from arranging counseling services for emotional support right up till managing paperwork associated with overwhelming medical bills or insurance claims. Your well-being remains our utmost priority as we continue fighting on your behalf in pursuit of justice alongside appropriate compensation for all intended benefactors involved.

You may be seeking more details specific to your case – perhaps wondering what might be its potential worth?. We encourage you to navigate down below and take advantage of our keen attention afforded towards answering such valuable queries that may help determine the future course of action best suited for your particular circumstances._

Remember this! You need not endure such heartbreaking ordeal in solitude anymore. Reach out today…Click the button below to find out how much your case could possibly be worth. The expert wrongful death lawyers at Carlson Bier welcome the opportunity to walk along this challenging path together with you…so don’t hesitate, we’re just a click away!

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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 Gillespie

Areas of Practice in Gillespie

Bike Crashes

Expert in legal services for individuals injured in bicycle accidents due to negligent parties' lack of care or dangerous conditions.

Scald Wounds

Supplying adept legal advice for sufferers of intense burn injuries caused by occurrences or recklessness.

Medical Carelessness

Extending dedicated legal assistance for victims affected by healthcare malpractice, including surgical errors.

Items Accountability

Managing cases involving faulty products, supplying adept legal help to consumers affected by product malfunctions.

Geriatric Abuse

Protecting the rights of seniors who have been subjected to abuse in elderly care environments, ensuring justice.

Tumble and Trip Incidents

Skilled in managing trip accident cases, providing legal advice to individuals seeking recovery for their losses.

Newborn Traumas

Offering legal aid for loved ones affected by medical misconduct resulting in childbirth injuries.

Automobile Accidents

Collisions: Focused on assisting victims of car accidents secure equitable remuneration for injuries and impairment.

Bike Incidents

Committed to providing legal assistance for bikers involved in bike accidents, ensuring fair compensation for injuries.

Trucking Crash

Ensuring specialist legal advice for victims involved in trucking accidents, focusing on securing appropriate recompense for damages.

Construction Collisions

Engaged in assisting laborers or bystanders injured in construction site accidents due to safety violations or negligence.

Neurological Harms

Specializing in extending dedicated legal services for clients suffering from neurological injuries due to misconduct.

Dog Bite Traumas

Expertise in tackling cases for people who have suffered injuries from dog bites or animal attacks.

Foot-traveler Collisions

Specializing in legal services for foot-travelers involved in accidents, providing expert advice for recovering damages.

Unjust Death

Fighting for relatives affected by a wrongful death, offering sensitive and adept legal services to ensure compensation.

Spinal Cord Harm

Expert in assisting patients with paralysis, offering compassionate legal services to secure compensation.

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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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