Wrongful Death Attorney in Hamilton

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About Carlson Bier Associates

When faced with the unthinkable tragedy of losing a loved one due to wrongful death, finding reliable legal representation is paramount. Look no further than Carlson Bier for sound counsel in such trying times. With an established reputation and vast experience navigating Illinois’ complex wrongful death laws, our firm stands ready to aid families in Hamilton seeking justice. Leveraging diligent investigation processes and persuasive courtroom advocacy skills, we tirelessly seek fair compensation for our clients’ emotional distress, loss of companionship, financial deficits and other hardships resulting from their devastating loss. Our commitment earns Carlson Bier recognition as one of the foremost practices serving Hamilton’s community in matters related to wrongful death cases. Despite your heart-wrenching circumstances following a fatal accident or act of negligence, you’re not alone – trust in the compassionate yet tenacious team at Carlson Bier to guide you through this harsh juncture sensibly while constantly advocating for your best interest before Illinois justice system.

About Carlson Bier

Wrongful Death Lawyers in Hamilton Illinois

At Carlson Bier, our commitment is to ensure justice is served for individuals who have suffered the tragic loss of a loved one due to wrongful death. Backed by rigorous expertise and a deep understanding of Illinois state laws surrounding personal injury and wrongful death claims, we stand prepared to fight for families impacted by such unfortunate circumstances.

Wrongful death refers to fatalities resulting from another party’s negligence or intentional actions. The intricate nature of wrongful death cases demands not just legal expertise but also empathy and compassion – traits that distinguish the Carlson Bier team in this field. We comprehend that no amount of compensation can reconcile the loss felt; however, it becomes critical to seek financial security during these challenging times.

There are several key aspects worth noting about wrongful death claims:

– They cater not just to immediate but also potential future losses including earnings the deceased would likely have made.

– The claim typically includes medical expenses incurred prior to passing as well as funeral costs.

– It covers ‘loss of consortium,’ meaning disruption to marital life due to unexpected demise.

– Compensation might extend beyond tangible losses incorporating pain and suffering experienced by survivors.

It is equally crucial under Illinois law that only specific family members (e.g., spouses, children) may file such claims on behalf of their deceased loved ones. Also noteworthy – there exists a strict time limit or ‘statute of limitations’ when filing these claims – generally two years from the date of decease.

Overcoming grief while tackling complex litigation can be an overwhelming process. You don’t need to face it alone – entrust your case with us at Carlson Bier. Our approach is tailored around each client’s unique circumstances whilst ensuring utmost sensitivity through every step.

Handler-client relationships are primarily built upon trust — a priority at our firm wherein every effort focusses on simplifying often-complicated nuances associated with litigations pertaining to wrongful deaths —

– On contacting our office, you will converse directly with highly skilled attorneys ready to assist.

– Our initial consultation is entirely cost-free and allows us to thoroughly assess your case.

– We pride ourselves on clear, responsive communication – expect swift responses to all questions or concerns.

– Restitution pursuits are conducted on a contingency basis – if we don’t win, there’s no fee.

Being victimized by someone’s neglect isn’t the end of seeking justice. It might not be easy; however, having experienced personal injury attorneys such as Carlson Bier by your side could make this journey somewhat more navigable. This pursuit doesn’t just come down to compensation but also about holding wrongdoers accountable — compelling them towards rectifying their careless behaviors thereby making communities safer at large.

Whether you’re traversing this challenging path anticipating closure or aiming for deserved financial security, or both, engaging Carlson Bier assures diligent representation nurturing victims’ rights and interests at all times.

We understand that each situation encompasses unique complexities warranting critical insight from experts in this law subset. Hence, it’s advisable that if you’ve suffered an unfortunate event leading to a wrongful death scenario before accepting any insurance settlements consult with us — because sometimes the full extent of potential losses isn’t immediately apparent.

Now comes the most crucial part: figuring out how much your case is worth. The value varies based on several factors including loss of earnings, incurred expenses related to medical bills or funeral services as well as non-economic damages like pain and suffering experienced by surviving family members due to untimely demises.

Interested in uncovering what rightful claims could entail? Remember every case maintains distinctive intricacies; hence each deserves thorough examination from specialists possessing deep-rooted acumen associated with Illinois laws encompassing wrongful deaths. Let our proficient team at Carlson Bier aid you through this process ensuring that whatever accrued is rightfully yours supporting your financial stability during tough times ahead moving beyond tragedies impacting lives forever. With a single click find out now the potential worth of your case. Let our experts guide you on this path to justice reclaiming your rightful entitlements.

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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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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 Hamilton

Areas of Practice in Hamilton

Bike Crashes

Specializing in legal representation for clients injured in bicycle accidents due to other parties' lack of care or risky conditions.

Burn Burns

Extending specialist legal advice for victims of intense burn injuries caused by accidents or carelessness.

Clinical Incompetence

Providing specialist legal advice for persons affected by physician malpractice, including negligent care.

Merchandise Fault

Taking on cases involving problematic products, extending professional legal help to individuals affected by faulty goods.

Elder Malpractice

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

Fall and Fall Injuries

Adept in dealing with stumble accident cases, providing legal advice to sufferers seeking restitution for their suffering.

Childbirth Injuries

Providing legal guidance for kin affected by medical misconduct resulting in childbirth injuries.

Automobile Accidents

Collisions: Concentrated on guiding individuals of car accidents get fair compensation for wounds and impairment.

Motorcycle Incidents

Dedicated to providing legal services for motorcyclists involved in motorbike accidents, ensuring rightful claims for traumas.

Semi Collision

Extending experienced legal representation for persons involved in semi accidents, focusing on securing just settlement for harms.

Worksite Mishaps

Focused on representing workers or bystanders injured in construction site accidents due to oversights or negligence.

Cognitive Injuries

Dedicated to offering expert legal support for individuals suffering from brain injuries due to negligence.

Canine Attack Damages

Skilled in managing cases for individuals who have suffered injuries from K9 assaults or wildlife encounters.

Jogger Mishaps

Committed to legal services for walkers involved in accidents, providing expert advice for recovering damages.

Wrongful Passing

Striving for grieving parties affected by a wrongful death, delivering empathetic and expert legal services to ensure justice.

Spinal Cord Damage

Dedicated to advocating for individuals with backbone trauma, offering specialized legal representation to secure redress.

Contact Us Today if you need a Person Injury Lawyer