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Wrongful Death Attorney in Hoopeston

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About Carlson Bier Associates

Navigating the complexities of a wrongful death claim requires an unyielding advocate with in-depth knowledge of Illinois law – and that’s precisely what Carlson Bier offers. A victim’s family deserves compassionate yet staunchly effective legal expertise to secure rightful compensation for the immense loss they’ve endured, and citizens throughout Hoopeston can rely on our proven track record. We fathom the devastating repercussions these cases entail; hence, we diligently represent affected families, striving to achieve maximum justice. Our singular focus on personal injury law enables us to provide concentrated attention that each case commands. Featuring exceptional proficiency on such specialized ground empowers us at Carlson Bier to fight fiercely against insurance companies and opposing councils who contest your rightful claims relentlessly. At this difficult time of unimaginable grief, allow our firm’s dedicated Wrongful Death attorneys adept in Illinois laws assist you through every crucial step ensuring no missteps are taken when seeking compensation for your tragic loss from responsible parties involved.

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About Carlson Bier

Wrongful Death Lawyers in Hoopeston Illinois

When unfortunate instances occur that lead to the loss of a loved one, families are often left devastated and confused about what steps they should take next. At Carlson Bier, we are committed to offering comprehensive legal support during these trying times through our specialized wrongful death services. As esteemed personal injury attorneys based in Illinois, we understand how complex the space between grief and seeking justice can be – hence, we’ve constructed this page to offer valuable insights into wrongful death lawsuits.

A wrongful death lawsuit is primarily instigated when an individual loses his or her life due to someone else’s negligence or intentional act. It seeks compensation for survivors who’ve been affected by ​this tragedy. Here are crucial elements you need to prove in a wrongful death claim:

• Negligence: The surviving plaintiffs must establish that the deceased person’s passing resulted from carelessness, recklessness, or negligent action.

• Breach of Duty: For example, if a motorist failed to obey traffic laws thereby causing a fatal collision

• Causation: Usually depicted by medical evidence that proves cause of death

• Damages: Corroborating objective proof showcasing monetary damage resultant from the decedent’s demise.

What incidents commonly lead to Wrongful Death cases? There is no ‘one-size-fits-all’ model when it comes to establishing what incidences warrant filing for Wrongful Death. However, common cases include car accidents caused by drunk drivers; medical malpractice resulting in fatalities; product liability; workplace accidents among others.

So why would you consider filing for Wrongful Deaths? Not only does such action help bring closure and justice for your dearly departed but also,

– Protecting Future Interests: Filing helps secure financial stability especially if decedents were primary breadwinners,

– Holding Liable Parties Accountable ensures deterrence keeping society safer,

– Covering Burial & Funeral Costs incurred alleviating extra financial burdens faced during challenging circumstances.

Carlson Bier law firm primarily specializes in offering tireless representation to those afflicted by such traumatizing experiences. Offering services that are not just limited to legal advice and court appearances, we go an extra mile as your compassionate companions – providing counsel on tough decisions while championing for maximum compensation possible.

We understand the difficulty of navigating complex legal waters especially when dealing with the loss of a loved one. Let Carlson Bier be your guide. We offer extensive experience and proven results, placing us in an ideal position to handle each wrongful death case with the respect, grace, and tenacity it deserves.

It’s crucial that as you embark on this path seeking justice for your dearly departed, you don’t have to walk alone. It takes more than courage – it demands an army of devoted personal injury lawyers deeply invested in righting wrongs at whatever cost. Remember, while suitable compensation won’t bring back your loved one nor fill voids left behind, it can facilitate smoother transitions allowing families to focus less on financial implications but rather healing processes involved coping with the irreplaceable loss suffered.

Value is much more than monetary gain; it’s knowing there exists a trusted partner championing your cause epitomizing what Illinois Law stands for – fairness & integrity. At Carlson Bier, as wrongful death attorneys constantly abreast novel legislative progressions outlining matters concerning you our clients.

Don’t put yourself through unnecessary stress by trying to navigate these complexities independently. Our dedicated team will step in to lift this burden from your shoulders and manage every aspect of your claim professionally and compassionately. To learn more about how we operate or estimate potential value tied to pursuing rightful claims (and remember no two cases are similar), click the button below and receive instant feedback.

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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 Hoopeston

Areas of Practice in Hoopeston

Bicycle Mishaps

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

Flame Traumas

Extending adept legal support for victims of serious burn injuries caused by mishaps or misconduct.

Physician Negligence

Extending specialist legal support for patients affected by hospital malpractice, including negligent care.

Merchandise Liability

Addressing cases involving faulty products, supplying expert legal services to customers affected by product malfunctions.

Senior Misconduct

Supporting the rights of aged individuals who have been subjected to malpractice in senior centers environments, ensuring compensation.

Trip and Stumble Incidents

Adept in tackling trip accident cases, providing legal services to victims seeking justice for their damages.

Infant Damages

Delivering legal guidance for relatives affected by medical negligence resulting in childbirth injuries.

Automobile Accidents

Incidents: Concentrated on helping individuals of car accidents receive fair remuneration for wounds and damages.

Motorbike Accidents

Specializing in providing legal services for individuals involved in bike accidents, ensuring adequate recompense for traumas.

Semi Mishap

Offering expert legal advice for clients involved in big rig accidents, focusing on securing appropriate claims for injuries.

Building Site Mishaps

Dedicated to assisting workmen or bystanders injured in construction site accidents due to oversights or irresponsibility.

Neurological Damages

Committed to providing compassionate legal services for victims suffering from neurological injuries due to carelessness.

K9 Assault Damages

Specialized in addressing cases for clients who have suffered harms from canine attacks or animal attacks.

Pedestrian Mishaps

Committed to legal representation for cross-walkers involved in accidents, providing effective representation for recovering damages.

Unfair Death

Working for relatives affected by a wrongful death, delivering understanding and experienced legal services to ensure justice.

Neural Damage

Expert in supporting victims with paralysis, offering specialized legal support 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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