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Wrongful Death Attorney in Gilman

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About Carlson Bier Associates

In the distressing event of a wrongful death, you need an advocate who will prioritize your interests fiercely and compassionally – that is what Carlson Bier provides. Renowned in Illinois for their specialization in Wrongful Death cases, they bring unsurpassed knowledge and experience to the fore. Their meticulous approach ensures each fact is evaluated thoroughly and every legal strategy explored fully to secure justice for clients coping with unimaginable loss. The attorneys at Carlson Bier have dedicated their careers toward fighting adversities arising from wrongful deaths which positions them uniquely in advocating for clients in Gilman. They understand that this heartrending chapter requires unwavering attention and exceptional empathy; characteristics intrinsic to Carlson Bier’s reputation as trusted wrongful death lawyers dealing discerningly with these sensitive matters since inception. During these difficult times, allow no less than the best representation by engaging this esteemed lawyer group; creating possibilities out of adversities even beyond geographical boundaries aligns with their commitment to make a difference where it profoundly counts through cogent legal action.

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Wrongful Death Lawyers in Gilman Illinois

At Carlson Bier, we understand that the loss of a loved one is an extremely painful experience. That devastation can be intensified if your dear one’s demise was due to someone else’s negligent or willful actions. When this occurs, it is known as wrongful death. We are experts in handling such cases with empathy and legal rigor in Illinois. This page offers detailed information on wrongful death suits and how we at Carlson Bier can support you through these challenging circumstances.

A wrongful death claim arises when an individual loses their life owing to the fault of another entity or person. These could involve situations like car accidents caused by drunk drivers, surgical errors in hospitals, construction accidents due to noncompliance with safety standards or even harm from defective products.

Illinois law stipulates certain key elements that must be present to establish a valid wrongful death claim:

– The defendant acted negligently or with malintent

– Such conduct resulted directly in the victim’s death

– Surviving dependents or beneficiaries are experiencing measurable damages as a consequence of the victim’s passing

Collectively, our highly experienced attorneys possess thorough knowledge about different facets involving wrongful deaths laws in Illinois including who has standing to sue, what kind of damages survivors might seek and applicable statutes of limitations.

The process for filing a Wrongful Death lawsuit fundamentally entails creating clarity around ‘duty’ (responsibility towards the deceased), ‘breach’ (failure to live up to that responsibility) and ‘causation’ (that failure being directly responsible for the unfortunate incident).

It should also state inherently important factors like compensation details which may include tangible costs like loss of financial contribution but also intangible aspects such as mental anguish suffered by those left behind.

Furthermore, we firmly believe that every case is unique; therefore we carefully prepare each case based on its specific circumstances – investigating thoroughly while supporting them emotionally throughout their ordeal.

Retaining qualified legal counsel immediately after such tragedy strikes is critical. Early legal guidance can make the difference in securing financial stability by compensifying for loss of future earnings, medical bills and additional costs your family might be coping with in addition to providing solace during these tough times.

The number one rule about Illinois’ personal injury law that anyone seeking to file any form of compensation must abide by is its statute of limitations. Wrongful death claim must be filed within two years from the date on which the death occurred. Overlooking this could mean losing out on rightful benefits.

At Carlson Bier, we assure you of compassionately handling each case while tirelessly fighting for justice and due compensation for our clients – not just as their lawyers but also as pillars of support in their journey towards healing.

Navigating a wrongful death claim on your own can feel intimidating and often tend to be complex particularly given you’re grappling with loss. We urge you at such moments to consider calling us at Carlson Bier; where expert resources coupled with empathy await you.

We are here to support you from start till finish – answering various questions about expected processes, probable timeline or even potential settlement values based on comparative cases – all handled transparently keeping our client’s wellbeing paramount.

Moving ahead may seem extremely difficult right now but remember, pursuing legal action ante-mortem is often instrumental closure; creating a sense or semblance of appropriate repercussions against those liable.

If you believe that your loved one has been a victim involving negligence resulting into tragic fatality, don’t hesitate exploring all available options; beginning first by calculating worthiness and feasibility around lawsuit valuations.

Click the button below now- because no dollar amount can ever replace your loved ones but ensuring fiscal burden by itself isn’t added onto emotional ordeal – makes heaps more difference than imagined!

Find Out How Much Your Case is Worth
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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 Gilman

Areas of Practice in Gilman

Cycling Accidents

Expert in legal advocacy for clients injured in bicycle accidents due to negligent parties' indifference or perilous conditions.

Thermal Burns

Providing expert legal help for people of major burn injuries caused by accidents or misconduct.

Healthcare Negligence

Providing experienced legal support for patients affected by physician malpractice, including misdiagnosis.

Merchandise Fault

Addressing cases involving unsafe products, supplying adept legal support to victims affected by product malfunctions.

Elder Malpractice

Defending the rights of nursing home residents who have been subjected to mistreatment in aged care environments, ensuring justice.

Trip and Fall Incidents

Expert in handling trip accident cases, providing legal representation to sufferers seeking justice for their suffering.

Neonatal Injuries

Extending legal aid for households affected by medical negligence resulting in newborn injuries.

Vehicle Mishaps

Mishaps: Dedicated to supporting victims of car accidents gain equitable recompense for hurts and damages.

Motorcycle Accidents

Committed to providing representation for individuals involved in bike accidents, ensuring justice for traumas.

Semi Accident

Extending professional legal representation for clients involved in semi accidents, focusing on securing adequate compensation for losses.

Construction Accidents

Dedicated to advocating for staff or bystanders injured in construction site accidents due to oversights or carelessness.

Neurological Injuries

Focused on offering dedicated legal representation for persons suffering from cognitive injuries due to carelessness.

Canine Attack Traumas

Skilled in handling cases for victims who have suffered injuries from puppy bites or animal attacks.

Foot-traveler Accidents

Expert in legal advocacy for pedestrians involved in accidents, providing expert advice for recovering compensation.

Unfair Fatality

Striving for relatives affected by a wrongful death, offering understanding and experienced legal services to ensure restitution.

Neural Injury

Specializing in advocating for persons with spine impairments, offering expert legal guidance 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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