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Wrongful Death Attorney in Heritage Lake

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About Carlson Bier Associates

In the challenging aftermath of a wrongful death, it is integral to seek legal representation that fundamentally understands your plight. Carlson Bier brings unrivaled expertise to secure justice for clients dealing with this distressing circumstance in Heritage Lake and surrounding areas. Skilled with extensive proficiency, our attorneys work doggedly on all statutory aspects pertinent within Illinois law relating to wrongful death cases. Our expert lawyers lend their meticulousness and astute comprehension of local regulations in pursuing rightful restitution for the loss endured by family members left behind due to avoidable fatalities any individual could suffer as direct consequence of another party’s negligence or misconduct at fatal fault. It’s more than just executing litigation processes; we aim at assisting families towards achieving some semblance of closure after such devastating incidents while ensuring they are duly compensated fairly under Illinois Law requirements for economic hardships, mental anguish sustained et al. Flexibility quotient captures preference virtue considering Carlson Bier: We deliver beyond expectation irrespective client location across state lines; an advocate tradition that propels us into leading providers transforming lives throughout spectrum societies demands pain relief restored hope via indemnification- comprehensive yet compassionate service standard is a commitment utterly unwavering from inception imparted primarily here at champion quarters dividend yielding humanity restoration advocate..Carlson Bier.

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Wrongful Death Lawyers in Heritage Lake Illinois

At Carlson Bier, we understand that the loss of a loved one is an emotionally distressing situation. When the unthinkable happens due to someone else’s negligence or fault, navigating through legal terms and proceedings can be challenging and overwhelming simultaneously. As your trusted personal injury attorneys in Illinois, we strive to stand by you during such devastating losses and help you secure rightful compensation for wrongful death cases.

Wrongful death refers to situations where an individual loses their life due to another person’s careless actions or deliberate harm. It might include scenarios like medical malpractice, motor vehicle accidents, workplace accidents, nursing home neglect or abuse, defective products causing fatality, etc.

As wrongful death claims encompass various intricate aspects of law overlapping with criminal law principles, it becomes essential to understand this area’s essential features distinctly:

– A wrongful death claim is a civil lawsuit brought against a person who caused another individual’s untimely demise deliberately or by negligent act.

– This action aims at providing financial restitution for the victim’s bereaved family members suffering substantial monetary losses because of their beloved’s sudden departure.

– Unlike criminal cases requiring proof beyond reasonable doubt, in Wrongful Death claims demonstrating by preponderance of evidence suffices; meaning it merely needs showing that it’s more likely than not that defendant’s misconduct contributed towards the fatality.

Comprehensively conversant with Illinois laws governing these lawsuits and equipped with profound experience solving complicated legal issues arising out of fatal mishaps—Carlson Bier aids aggrieved kin seeking justice for their deceased family member(s). We meticulously gather critical data supporting your case—analyzing every detail methodically; coordinate zealously on behalf of our clients throughout court proceedings; endeavor tirelessly so you obtain maximum possible recovery considering myriad factors like estimated future earnings lost because of premature demise alongside non-economic damages i.e., consortium loss compensation reflecting pain suffered due to loss of fundamental familial relationships.

Illinois law stipulates particular eligibility criteria deciding ‘who’ can file wrongful death lawsuits:

– If deceased left behind a spouse and/or children, they’re lawfully entitled to put forth wrongful death actions.

– In absence of immediate family (spouse/children), the victim’s parents or siblings may initiate legal proceedings seeking redressal.

– Depending on nuances associated with individual cases, certain other parties may be eligible too.

Moreover, Illinois observes the ‘Statute of Limitations,’ which is a time limit governing the period within which rightly qualifying persons should commence wrongful death actions. Usually allowing two years from demise date for starting litigation—there can be exceptions depending on specific situations involved; thus warranting early consultation with experienced attorneys proficient at deciphering precise deadlines applying to your case.

Wrongful Death claims usually warrant proving some crucial elements:

– Demonstrating that defendant owed deceased duty of care;

– Evidence corroborating defendant’s breach in said duty;

– Conclusive proof substantiating that this negligence resulted directly in fatality concerned.

Allow us—the seasoned lawyers of Carlson Bier—to guide you through this daunting process with grace and determination; reminding you that only collective resilience triumphs over grief-stricken times!

We empathize with your loss and cannot fathom your emotional suffering. However, we sincerely believe in obtaining justice for our clients and assure you that your cause wouldn’t go unheard or unnoticed while stalking hallways of courts demanding rightful dues.

Take control over this arduous journey toward healing by resolving any financial uncertainty looming ahead owing to such unexpected losses. Utilizing our expertise could provide comfort amid chaos, validating strength emerging from adversity during such tough moments. Click on the button below right now to ascertain value attached to your prospective claim. Rest assured we’re committed immensely towards helping aggrieved individuals find balance once again against all odds!

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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 Heritage Lake

Areas of Practice in Heritage Lake

Cycling Crashes

Dedicated to legal services for individuals injured in bicycle accidents due to others's indifference or unsafe conditions.

Scald Traumas

Providing professional legal services for individuals of severe burn injuries caused by incidents or misconduct.

Physician Misconduct

Providing expert legal assistance for patients affected by clinical malpractice, including misdiagnosis.

Items Obligation

Addressing cases involving problematic products, delivering adept legal assistance to customers affected by product malfunctions.

Nursing Home Malpractice

Supporting the rights of the elderly who have been subjected to malpractice in senior centers environments, ensuring restitution.

Fall & Trip Accidents

Professional in dealing with trip accident cases, providing legal assistance to clients seeking restitution for their losses.

Birth Wounds

Providing legal assistance for families affected by medical malpractice resulting in childbirth injuries.

Vehicle Mishaps

Accidents: Dedicated to supporting patients of car accidents obtain just payout for damages and damages.

Two-Wheeler Collisions

Committed to providing representation for victims involved in bike accidents, ensuring just recovery for harm.

18-Wheeler Accident

Delivering expert legal services for individuals involved in trucking accidents, focusing on securing appropriate compensation for injuries.

Construction Site Accidents

Focused on advocating for workers or bystanders injured in construction site accidents due to safety violations or carelessness.

Cognitive Impairments

Dedicated to extending professional legal advice for persons suffering from neurological injuries due to accidents.

K9 Assault Wounds

Expertise in managing cases for people who have suffered damages from puppy bites or creature assaults.

Jogger Mishaps

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

Wrongful Death

Striving for grieving parties affected by a wrongful death, supplying sensitive and expert legal support to ensure restitution.

Vertebral Damage

Dedicated to assisting clients with backbone trauma, offering specialized legal assistance to secure compensation.

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