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Wrongful Death Attorney in Greenview

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About Carlson Bier Associates

If you’re seeking justice following the tragic wrongful death of a loved one in Greenview, Carlson Bier is ready to offer dedicated, skillful legal representation. Our specialties lie in personal injury cases centered around wrongful deaths – instances wherein negligence or misconduct resulted in an innocent life lost prematurely. This branch of law serves as our cornerstone; we are professionals committed to securing rightful compensation for surviving family members while extending compassionate understanding during these emotionally challenging times. With formidable experience and proven results on record, we proudly stand as leading advocates for the rights of grieving families in need of closure and financial security borne through competent litigation processes. When wrestling with grief and consequential uncertainties harmed parties deserve top-tier lawyers equipped with expert knowledge to navigate intricate Illinois state laws surrounding wrongful deaths claims effectively- that’s where Carlson Bier steps into view. Trust us to tirelessly pursue maximum remuneration safeguarding your future interests against undue struggle caused by unexpected loss.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Greenview Illinois

At Carlson Bier, we are an established and highly esteemed personal injury attorney group, proudly providing legal justice to individuals and families across Illinois. Our core expertise lies in litigating cases involving wrongful death, a highly complex area of law which requires astute understanding, acumen and compassion. We bring these traits to bear upon each case to produce outstanding results for our clients.

In the unfortunate event of a wrongful death, it’s crucial to understand what this term entails under Illinois state laws. Wrongful death refers to circumstances where a person’s demise is caused by another individual or entity’s negligent or intentional misconduct. These may range from medical malpractice instances resulting in patient’s unexpected death, vehicle accidents due to reckless conduct by drivers or even workplace accidents due to lack of safety measures.

Key aspects of a wrongful death lawsuit often revolve around:

– Establishing negligence: One must prove that the accused party acted irresponsibly leading directly towards the untimely passing.

– Demonstrating breach of duty: Proving that the defendant had a particular responsibility towards the deceased and failed in their obligation.

– Showing causation: Evidencing that deviation from duty was directly responsible for causing harm.

– Provable damages: Illustrating there have been quantifiable losses incurred due to the inflicted act.

As a seasoned personal injury attorney group, we at Carlson Bier possess extensive experience dealing with such nuances inherent within cases surrounding wrongful deaths. Deliberately analyzing all these complicacies individually as well as cumulatively provides us with comprehensive insights into strategizing effective litigation procedures while easing our clients’ burdens during such sensitive times.

Wrongful death lawsuits also carry potential pecuniary damages recoverable under Illinois law for various facets like expected earnings, benefits lost because of premature departure along with expenses incurred for medical treatments and funerals – sometimes even punitive damages meant for penalizing defendants held guilty. However, every claim is unique thus necessitating bespoke legal strategies for each case. Here at Carlson Bier, we painstakingly delve into the intricacies of every circumstance to ensure maximum recoverable amount on your behalf.

Navigating through the complexities inherent in wrongful death lawsuits requires expert legal guidance – and this is exactly where our prowess as an Illinois-based personal injury lawyer stands unmatched. At Carlson Bier, we meticulously investigate each claim, aligning our techniques accurately with unique nuances pertaining to distinct cases—that attention to detail has fostered a strong track record of success.

We understand that coping up with losing a loved one can be emotionally draining, and pursuing a lawsuit during these times may appear overwhelming. However, seeking rightful recompense not only puts financial strains at rest but also brings coveted closure to grieving families by holding negligent parties accountable. Dealing with insurance companies or responsible parties could be daunting to say the least—but have no fear: we shoulder this burden so that you can concentrate solely on healing.

Transparency is key during such intricate processes; hence at Carlson Bier, expect open articulation about various steps invigorated during your litigation journey—right from initiation till resolution. Our endeavor always remains providing legal justice along with unfaltering support and compassion—an embodiment of utmost professional standards manifesting themselves across all phases of engagement with us.

Lastly, finding out how much your case could potentially bear in damages might seem like “opening Pandora’s box”—but with us standing alongside—you simply needn’t worry! Click on the button below right away: let us assist you comprehensively while walking together towards claiming rightful restitution and ensuring accountability—it’s what we do best here at Carlson Bier!

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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 Greenview

Areas of Practice in Greenview

Bicycle Accidents

Proficient in legal assistance for persons injured in bicycle accidents due to others's recklessness or unsafe conditions.

Fire Burns

Extending specialist legal advice for individuals of major burn injuries caused by accidents or misconduct.

Healthcare Misconduct

Ensuring specialist legal representation for clients affected by medical malpractice, including wrong treatment.

Commodities Accountability

Managing cases involving dangerous products, delivering skilled legal support to clients affected by product malfunctions.

Aged Mistreatment

Advocating for the rights of elders who have been subjected to malpractice in aged care environments, ensuring restitution.

Tumble and Slip Mishaps

Professional in handling tumble accident cases, providing legal support to clients seeking recovery for their harm.

Childbirth Harms

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

Auto Crashes

Incidents: Committed to supporting clients of car accidents secure appropriate settlement for hurts and damages.

Two-Wheeler Mishaps

Specializing in providing legal assistance for bikers involved in motorcycle accidents, ensuring rightful claims for injuries.

Big Rig Collision

Delivering expert legal advice for persons involved in lorry accidents, focusing on securing rightful recovery for injuries.

Worksite Collisions

Committed to representing workmen or bystanders injured in construction site accidents due to oversights or negligence.

Head Injuries

Focused on extending compassionate legal services for individuals suffering from head injuries due to misconduct.

Dog Attack Injuries

Proficient in tackling cases for victims who have suffered harms from puppy bites or animal attacks.

Cross-walker Crashes

Specializing in legal assistance for joggers involved in accidents, providing comprehensive support for recovering claims.

Unjust Death

Striving for loved ones affected by a wrongful death, providing caring and skilled legal support to ensure compensation.

Spinal Cord Harm

Committed to supporting patients with spine impairments, offering compassionate legal representation to secure redress.

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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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