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Wrongful Death Attorney in Harristown

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About Carlson Bier Associates

In the unfortunate incidence of a wrongful death, seeking expert help from the ideal legal professionals can determine how swiftly and successfully justice is delivered. Carlson Bier is renowned for pursuing such cases with utmost commitment in Illinois. Recognized as trailblazers within personal injury law, our proficiency centers on securing fair compensation for damaged parties involved in wrongful death litigation. The segmentation varies remarkably from medical malpractice to vehicular accidents or even unsafe products leading to a sad demise. Our dedicated attorneys analyze every case meticulously and build an unassailable argument designed tailored to each specific scenario. With us by your side, you’re provided not just legal expertise but also compassionate support essential during this tough period. Harristown residents can reach out with the assurance that they are availing their best shot at reparation, knowing well we represent them passionately and effectively irrespective of place or distance outlines are drawn upon respecting Illinois Laws.

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About Carlson Bier

Wrongful Death Lawyers in Harristown Illinois

At Carlson Bier, we specialize in a wide range of personal injury cases, with one major area revolving around wrongful death. Our vast expertise allows us to offer top-notch services and insights on this sensitive topic.

Wrongful death refers to fatal accidents caused by someone else’s negligent or intentional misconduct. Losing a loved one is incredibly difficult; when it’s the result of another person’s careless actions, it amplifies the pain. We firmly believe that educating our clients about their rights on matters involving wrongful death can lead to informed decisions about pursuing legal action.

In Illinois where our offices are based, the law has clear definitions and guidelines outlining what constitutes wrongful death. It’s important firstly to know that it should not be confused with murder or manslaughter which fall under criminal law; wrongful death suits are civil action claims independent of any criminal charges associated towards the defendant.

Here are some important elements to understand:

• The first key thing is demonstrating negligence—that the defendant did something wrong or failed in their responsibility, leading directly to the fatality.

• One also needs credible evidence linking the negligent behavior directly – or proximately – to the tragic incident.

• Notably according to Illinois rules, only specific survivors (spouse & next of kin) may file this type of suit within certain stipulated time limits after demise—the statute of limitations—as per Wrongful Death Act.

Navigating through these criteria proves challenging particularly during times of grief making an experienced lawyer indispensable for success. This is where we step in at Carlson Bier; we exercise due diligence collecting necessary documents i.e., medical records/police reports, proving negligence/damages whilst being respectful during your grieving process.

Our team understands how significant compensation from a lawsuit could mean for those left dealing with unexpected expenses e.g., final medical bills or loss of income after losing a provider;

For financial representation:

• We seek recovery from all tangible economic losses related cost incurred prior/post decease along with loss of financial support.

For emotional representation:

• We recognize that no amount of money can compensate for the emotional despair but we argue for “loss of society” – companionship, guidance, love and affection lost.

Remember it’s critical to scrutinize your lawyer’s credentials before you engage them on wrongful death matter. You require an ally with litigation experience dealing specifically with Illinois rules regarding damages/evidence/witness statements—where Carlson Bier excels.

Now, beyond professional experience alliances are formed through trust therefore do some digging on reputation matters; past client reviews could give crucial insights. The better regarded a firm or attorney is in the industry, the more persuasive they will be when arguing your claim.

Moreover consider access/communication terms from the onset. Your attorney should be easily accessible during business hours, willing to keep you updated regularly and answer any questions you might have along way. At Carlson Bier, our commitment remains steadfast—to guide each client throughout their legal journey putting their needs at heart.

We invite you to take this significant first step to discovering what potentially lies ahead in terms of compensation for your tragic loss. Our dedicated team offers personalized advice and strategies designed specifically towards achieving justice for families grappling after a wrongful death. Discover how much could possibly be restored back into your life after being unceremoniously disrupted by clicking the button below today.

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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 Harristown

Areas of Practice in Harristown

Cycling Mishaps

Expert in legal support for persons injured in bicycle accidents due to others's lack of care or risky conditions.

Scald Traumas

Providing expert legal help for individuals of serious burn injuries caused by events or indifference.

Clinical Negligence

Offering expert legal assistance for persons affected by healthcare malpractice, including negligent care.

Goods Liability

Taking on cases involving faulty products, offering professional legal services to customers affected by harmful products.

Nursing Home Malpractice

Defending the rights of aged individuals who have been subjected to mistreatment in nursing homes environments, ensuring compensation.

Stumble and Tumble Mishaps

Expert in dealing with trip accident cases, providing legal advice to persons seeking compensation for their damages.

Infant Injuries

Delivering legal aid for households affected by medical misconduct resulting in birth injuries.

Motor Incidents

Mishaps: Focused on guiding clients of car accidents secure just compensation for hurts and harm.

Motorcycle Collisions

Dedicated to providing legal advice for motorcyclists involved in two-wheeler accidents, ensuring just recovery for injuries.

Trucking Incident

Delivering professional legal assistance for clients involved in big rig accidents, focusing on securing appropriate compensation for damages.

Building Collisions

Engaged in representing employees or bystanders injured in construction site accidents due to safety violations or misconduct.

Cognitive Traumas

Focused on providing compassionate legal support for clients suffering from brain injuries due to accidents.

Canine Attack Damages

Expertise in handling cases for individuals who have suffered injuries from dog bites or creature assaults.

Pedestrian Mishaps

Dedicated to legal services for cross-walkers involved in accidents, providing comprehensive support for recovering claims.

Undeserved Passing

Working for loved ones affected by a wrongful death, extending sensitive and experienced legal guidance to ensure restitution.

Spinal Cord Harm

Expert in advocating for victims with spine impairments, offering specialized legal services to secure settlement.

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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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