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Wrongful Death Attorney in Golconda

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About Carlson Bier Associates

When faced with a wrongful death tragedy in Golconda, it’s crucial to have competent and caring legal representation on your side. One name stands out – Carlson Bier. With our expert team at the helm, navigating the complex world of Wrongful Death lawsuits is made less stressful for you. We’re not just attorneys; we are advocates who tirelessly work for what’s rightfully yours – Justice and compensation that reflects true loss. Our track record proves why Carlson Bier ranks high among personal injury attorney groups – roots anchored by sterling professionalism, unwavering commitment, attention to detail and steadfast dedication towards each case we handle. The depth of our experience vastly covers numerous successful Wrongful Death cases across Illinois – resulting in significant settlements or verdicts awarded to grieving families striving for justice while grappling with an unspeakable loss. Partnering with us means having peace through one of life’s most challenging periods because Carlson Bier ensures every necessary detail is handled meticulously while providing adept guidance during such trying times.

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About Carlson Bier

Wrongful Death Lawyers in Golconda Illinois

Understanding wrongful death claims can be a daunting and emotionally taxing task, especially amidst the untimely loss of a loved one. At Carlson Bier, we strive to provide clear-cut explanations along with compassionate legal support for those affected by such tragic circumstances.

In Illinois, a wrongful death claim is typically initiated when a person dies due to the negligence or misconduct of another party. This entitles the deceased’s immediate family members or estate to file a lawsuit against those responsible. It’s important to note that this doesn’t just include intentional acts but also encapsulates situations where neglect, indifference, or carelessness has lead to fatal consequences.

• First and foremost, it must be proven that the defendant owed a duty of care towards the deceased.

• Secondly, evidence should show that there was a breach in this duty–an act of negligence or recklessness.

• Thirdly, it must be established that this breach directly resulted in the victim’s demise.

• Lastly, quantifiable damage must have been caused as a direct result of the death.

Navigating these legal specifics calls for experts like us at Carlson Bier who appreciate not only their importance but also how vital they are in obtaining justice for your loved one. Our personal injury attorneys delve into every case with meticulous precision ensuring no stone remains unturned during investigation proceedings.

Wrongful Death suits often go a long way in easing several financial burdens faced by grieving families — from medical expenses accumulated prior to passing away which usually include hospital stays and treatment costs; funeral and burial expenses; lost wages considering what the deceased might have earned if he/she had continued living; benefits lost as an effect of death possibly including pension plans or insurance coverage; among others.

Illinois law allows surviving spouses and next of kin two years from the date of the incident causing death – whether from car accidents or workplace hazards – to file these suits. However, outstanding cases involving violent criminal acts extend this deadline up until five years. We also want you to be aware that the damages compensation for grief, sorrow and anguish experienced by next of kin is capped at a maximum of $500,000.

Our Illinois based law firm understands the unparalleled emotional trauma victims endure in these trying times. That’s why our team works relentlessly on your behalf to ensure justice is served and adequate compensation provided. Be assured that while dealing with Carlson Bier, you are engaging some of the most determined personalities in Personal Injury Law who strive unyieldingly in forging resolutions fitting your unique circumstances and needs.

At Carlson Bier, every case we undertake is rooted deeply in commitment towards our singular objective – securing fair judgment for your wrongful death claims. While each state has its own specific statutes defining exact legal parameters around wrongful death suits, we harness our keen expertise on Illinois laws to guide through these rough waters– giving much needed peace of mind as we fight tooth and nail for rightful compensation that can go some way in easing this immeasurable loss.

Now comes the key question: How much is your case worth? It’s understandable if you feel overwhelmed by these legal complexities while grieving but remember – You are not alone. Click below to find out an estimate and let us assist you during this difficult time. At Carlson Bier, your best interests always remain our top priority because advocating for clients like you isn’t just what we do; it’s who we are.

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 Golconda

Areas of Practice in Golconda

Bicycle Incidents

Expert in legal assistance for persons injured in bicycle accidents due to others' negligence or hazardous conditions.

Burn Wounds

Extending skilled legal assistance for people of grave burn injuries caused by incidents or negligence.

Clinical Misconduct

Delivering dedicated legal services for clients affected by healthcare malpractice, including misdiagnosis.

Commodities Responsibility

Handling cases involving unsafe products, extending adept legal assistance to customers affected by defective items.

Aged Mistreatment

Protecting the rights of aged individuals who have been subjected to neglect in aged care environments, ensuring protection.

Tumble & Stumble Incidents

Specialist in addressing stumble accident cases, providing legal support to sufferers seeking recovery for their injuries.

Newborn Wounds

Providing legal guidance for households affected by medical misconduct resulting in infant injuries.

Vehicle Collisions

Accidents: Committed to guiding patients of car accidents obtain appropriate settlement for wounds and harm.

Bike Accidents

Dedicated to providing legal services for bikers involved in two-wheeler accidents, ensuring fair compensation for injuries.

Semi Incident

Offering specialist legal advice for drivers involved in big rig accidents, focusing on securing just settlement for injuries.

Construction Incidents

Dedicated to advocating for laborers or bystanders injured in construction site accidents due to recklessness or carelessness.

Cerebral Traumas

Specializing in providing compassionate legal representation for patients suffering from cerebral injuries due to misconduct.

Canine Attack Damages

Skilled in managing cases for individuals who have suffered harms from dog attacks or beast attacks.

Cross-walker Incidents

Dedicated to legal advocacy for walkers involved in accidents, providing effective representation for recovering recovery.

Unwarranted Loss

Advocating for bereaved affected by a wrongful death, extending compassionate and adept legal assistance to ensure fairness.

Backbone Harm

Specializing in supporting patients with backbone trauma, offering dedicated legal support 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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