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Wrongful Death Attorney in Heyworth

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About Carlson Bier Associates

In the unfortunate event of a wrongful death, choosing the right legal representation in Heyworth is critical. At Carlson Bier, we prioritize your quest for justice with empathy and tenacious dedication to every case. We have established a strong reputation within Illinois, including Heyworth area due to our commitment to championing your rights surviving families who unfortunately had loved ones died prematurely because of another party’s negligence or misconduct. Our attorneys come equipped with immense experience handling Wrongful Death cases so you can trust us to fight fiercely on behalf of lost loved ones. Undoubtedly, pursuing a legal course after such tragedies can be stressful; however, Carlson Bier alleviates this burden by providing strategic guidance and steadfast support through the bearer process. As passionate advocates for justice in wrongful termination scenarios, our experts at Carlson Bier engage intensively building robust cases that yield significant compensation deserved by grieving families mourning their loss—the peace mind one gets knowing they’re fighting aggressors using best resources cannot overstated! Trust us handle all complexities involved while ensuring utmost respect maintained throughout.

About Carlson Bier

Wrongful Death Lawyers in Heyworth Illinois

The loss of a loved one is an unbearable tragedy. This immense grief intensifies further when the death was avoidable and results from another’s negligence or misconduct – a circumstance known as wrongful death. At Carlson Bier, we fully comprehend this heartbreak’s magnitude and pledge our unwavering commitment to representing families in Illinois who are battling such situations.

Wrongful death cases represent a specialized subset of personal injury law that demands specific understanding and expertise. Herein lies the power of partnering with us at Carlson Bier, where we bring not just professional proficiency but also trusted compassion towards every case we handle. As your dedicated advocates, our primary mission is demanding justice on behalf of your loved ones while ensuring you receive rightful compensation for your immeasurable loss.

Understanding what constitutes wrongful death is crucial.

• It occurs due to the negligent, reckless, or deliberate actions of another individual or entity.

• These unfortunate events can transpire across numerous circumstances including motor vehicle accidents, workplace mishaps, medical malpractice among others.

• To file a wrongful death lawsuit in Illinois, you must be directly related to the deceased – as a spouse, parent or child.

Navigating these intricacies can seem daunting at an already stressful time which is why having experienced personal injury attorneys like those at Carlson Bier supporting you proves invaluable. We will painstakingly investigate every detail of the incident fine-combing evidence to establish liability effectively steering-through legal complexities associated with filing such lawsuits in Illinois courts.

Various types of compensation may be available under an Illinois wrongful death claim:

• Medical expenses incurred before your loved one’s untimely demise

• Funeral costs and burial expenses

• Loss of financial support if the decedent was a breadwinner

• Grief counseling costs and other therapy expenses

Perhaps most importantly though are non-economic damages: it might be challenging quantifying emotional pain, suffering or mental anguish following such tragedies into monetary terms –yet they represent a significant component available for claim. Trust the expertise at Carlson Bier to intricately handle this delicate process, working tirelessly towards securing maximum compensation you rightfully deserve.

Often it is seen during wrongful death claims that insurance companies or responsible parties try leveraging situations rushing families into accepting inadequate settlements. However, they significantly underestimate the resilience Illinois families hold when backed by Carlson Bier’s unwavering commitment and robust legal prowess. We negotiate aggressively on your behalf ensuring that their insensitivity doesn’t undermine your justice pursuit.

It’s paramount remembering that Illinois stipulates strict statutes of limitation within which these claims must be filed failing which the right to financial recovery can extinguish. Thus, your prompt response serves as a critical first step towards ensuring justice isn’t time-barred.

While speaking about financial restitution might seem inconsequential compared to the magnanimity of your loss, we understand how such resources help address additional stressors during this challenging period amplifying closure opportunities while seeking justice for your loved one.

Recognizing the potential value of your case in monetary terms often poses considerable challenges as multiple variables need factoring-in – all while grappling with immense grief. Thus, Carlsson Bier extends an invaluable resource wherein we invite you to click on the button below offering insights into estimating what your case might potentially be worth based on specific parameters. This facilitative tool is backed by our comprehensive understanding of handling wrongful death cases providing preliminary guidance empowering informed decision-making initiatives.

We understand no sum certainly compensates adequately amidst such profound sorrow – but armed with essential information can irrefutably bolster clarity and confidence underpinning decisive action course most conducive from discerning legal perspective. Trust us at Carlson Bier – committed, compassionate partners advocating rightful justice in Illinois.

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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 Heyworth

Areas of Practice in Heyworth

Two-Wheeler Mishaps

Specializing in legal services for clients injured in bicycle accidents due to negligent parties' indifference or dangerous conditions.

Scald Burns

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

Physician Carelessness

Delivering dedicated legal representation for persons affected by clinical malpractice, including medication mistakes.

Goods Fault

Addressing cases involving unsafe products, offering adept legal guidance to victims affected by product-related injuries.

Senior Misconduct

Defending the rights of elders who have been subjected to malpractice in elderly care environments, ensuring fairness.

Fall & Tumble Injuries

Professional in dealing with stumble accident cases, providing legal support to persons seeking justice for their losses.

Newborn Traumas

Offering legal aid for families affected by medical misconduct resulting in childbirth injuries.

Car Crashes

Incidents: Dedicated to helping victims of car accidents get reasonable remuneration for wounds and harm.

Motorcycle Mishaps

Dedicated to providing legal support for individuals involved in scooter accidents, ensuring rightful claims for traumas.

Semi Incident

Offering adept legal representation for victims involved in trucking accidents, focusing on securing just compensation for injuries.

Building Incidents

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

Cognitive Impairments

Expert in delivering compassionate legal support for clients suffering from brain injuries due to misconduct.

Dog Attack Traumas

Expertise in addressing cases for persons who have suffered traumas from canine attacks or creature assaults.

Jogger Accidents

Committed to legal advocacy for pedestrians involved in accidents, providing comprehensive support for recovering recovery.

Unjust Passing

Standing up for relatives affected by a wrongful death, supplying caring and professional legal assistance to ensure redress.

Spine Damage

Specializing in assisting victims with backbone trauma, offering dedicated legal services to secure settlement.

Contact Us Today if you need a Person Injury Lawyer