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Wrongful Death Attorney in Grafton

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About Carlson Bier Associates

When faced with the tragedy of wrongful death, understanding your legal rights and making informed decisions is critical. Enlisting a powerful ally like Carlson Bier can make all the difference. With a distinguished reputation in handling personal injury cases, our dedicated team unabatedly pursues justice across Illinois for those affected by loss due to negligence or misconduct. We specialize in wrongful death lawsuits, ensuring that families receive rightful compensation for their unimaginable pain and suffering. Our unwavering commitment to client support guarantees an empathetic approach combined with aggressive litigation tactics as we strive towards just outcomes on your behalf. Choosing Carlson Bier means entrusting your case to tenacious attorneys who bring years of experience, unparalleled expertise, adept negotiation abilities and dedication garnered from countless victories representing heartbroken families statewide – attributes that have established us amongst top contenders within Illinois’ attorney community. In these tumultuous times where emotions cloud clarity of thought let not location be a hindrance; though we do not claim residency within Grafton city limits yet our reach branches further beyond it delivering justice wherever sought out regardless.

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About Carlson Bier

Wrongful Death Lawyers in Grafton Illinois

At Carlson Bier, we specialize as personal injury attorneys based out of Illinois, leading the charge in representing clients faced with wrongful death cases. Wrongful death can be a deeply distressing and tumultuous experience to navigate. Our team of seasoned professionals ensures that you have comprehensive knowledge and robust support every step of the way.

Wrongful death is an event where a person loses their life due to the negligence or intentional acts of another individual or entity. The intent behind this legal term is not merely defining such situations; it also encompasses offering protection and delivering justice for those affected by these tragic occurrences.

We understand that no amount of financial compensation can replace the loss endured, but it does strive toward holding those responsible accountable for their actions invaluable ways. Here at Carlson Bier, we promise empathetic representation complemented by aggressive advocacy aimed towards securing maximum eligible compensation for our clients.

• A wrongful death claim could cover various aspects ranging from medical bills incurred due to final illness/injury to funeral expenses.

• Compensation could also encompass lost wages, future income potential, companionship loss, and even mental anguish suffered by the surviving family.

• In Illinois specifically, punitive damages are seldom rewarded except under exceptional circumstances when gross misconducts are proven.

• It should be noted that unlike some states which only allow immediate family members (like spouses or children) to file a suit, in Illinois any person financially adversely impacted due to the unfortunate demise may lodge a wrongful death lawsuit.

• There exists a two-year window (also known as statute limitations) within which you must file your case starting from either: 1.the date of loved one’s passing 2.or when you realized/conceptualized that their passing might have been orchestrated through negligence

If missed unintentionally OR intentionally led astray till after this duration by offending parties – your rights may get substantially restricted making it crucial not just understand these complexities but partner alongside experienced legal counsel like ours while wading through these difficult times.

At Carlson Bier, we don’t just view our clients as cases. Instead, we see them as individual human beings who need understanding and support during an extremely challenging phase of their life. After all, dealing with the reality of a loved one’s wrongful death demands patience and empathy, in addition to legal expertise – and this is where we rise above the rest.

Our proven reputation has been built on delivering justice for survivors grappling with wrongful death within their families. Our team is bolstered by rich experience spanning multitudes of circumstances surrounding wrongful deaths such as automobile accidents, product liabilities, medical malpractice aside from acts of violence amongst others. Being well aware of the gravity that wrongful death suits possess – our primary goal remains perpetually clear: to seek justice while also comforting and supporting those who are confronted by sleepless nights filled with loss & prolonged suffering.

Coping with loss is an overwhelmingly distressing journey featuring numerous challenges and roadblocks. Being unacquainted with the nuances associated with wrongful death claims can exacerbate already high stress levels substantially which justifies seeking legal representation such as ours at Carlson Bier.

Undoubtedly you have questions swirling around your mind about what step to take next or how much compensation awaits ahead -which signals it’s time to share your burden instead of carrying it alone any longer.If you’re ready for compassionate yet steadfast representation that aids in navigational clarity over intricate legal mazes shrouding wrongful death lawsuits then click on the button below today-to discover how much value can be sought after due recourse against parties responsible for inflicting unnecessary misery upon your lives because knowing sometimes could truly mean conquering!

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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 Grafton

Areas of Practice in Grafton

Cycling Crashes

Proficient in legal services for victims injured in bicycle accidents due to other parties' recklessness or perilous conditions.

Flame Burns

Extending professional legal support for individuals of major burn injuries caused by accidents or recklessness.

Hospital Misconduct

Delivering specialist legal support for individuals affected by hospital malpractice, including misdiagnosis.

Goods Accountability

Managing cases involving problematic products, supplying professional legal services to clients affected by harmful products.

Senior Malpractice

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

Trip and Slip Mishaps

Skilled in addressing stumble accident cases, providing legal services to persons seeking recovery for their damages.

Infant Wounds

Extending legal help for relatives affected by medical negligence resulting in newborn injuries.

Automobile Collisions

Accidents: Committed to supporting sufferers of car accidents secure appropriate settlement for harms and impairment.

Motorbike Accidents

Specializing in providing legal assistance for motorcyclists involved in motorcycle accidents, ensuring just recovery for damages.

18-Wheeler Collision

Extending specialist legal assistance for victims involved in lorry accidents, focusing on securing rightful recompense for hurts.

Building Crashes

Dedicated to assisting staff or bystanders injured in construction site accidents due to carelessness or negligence.

Head Traumas

Focused on providing compassionate legal representation for victims suffering from head injuries due to misconduct.

K9 Assault Traumas

Proficient in managing cases for people who have suffered wounds from dog attacks or animal assaults.

Jogger Incidents

Specializing in legal representation for walkers involved in accidents, providing effective representation for recovering recovery.

Wrongful Passing

Striving for families affected by a wrongful death, supplying compassionate and professional legal assistance to ensure compensation.

Vertebral Damage

Specializing in advocating for individuals with spinal cord injuries, offering professional 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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