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Wrongful Death Attorney in Ina

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About Carlson Bier Associates

Choosing the right representation in a wrongful death case is essential. The Carlson Bier team, foremost experts within this legal specialty, are your best consideration when navigating the complexities of such situations. Wrongful death cases require thorough investigation and meticulous legal knowledge, both traits prolifically evident in our team’s practice. With an exemplary reputation throughout Illinois for achieving fair compensation in these unfortunate occurrences, Carlson Bier illustrates unparalleled dedication and proficiency. Their track record includes effective negotiations with insurance companies and superior expertise handling sensitive medical reports – crucial factors that play toward your advantage securing rightful recompense for any loss sustained unforeseenly or tragically premature deaths. While these circumstances are undeniably painful to endure; you can take solace knowing amidst this adversity Carlson Bier can provide optimum representation legitimately owed damages on behalf of lost loved ones condoning peace rather than distress over injustice plaguing you during this sorrowful period.

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About Carlson Bier

Wrongful Death Lawyers in Ina Illinois

At Carlson Bier, our primary goal and mission is providing support, guidance, and aggressive representation for those whose lives have been impacted by personal injury. A heavy portion of our practice involves the pursuit of justice in wrongful death cases. Wrongful Death claims occur when individuals lose their lives due to negligence or misconduct on the part of another individual or entity— instances that could involve anything from vehicle accidents to medical malpractice.

Inherent within each of these scenarios is a devastating loss that can bring significant emotional turmoil and financial hardship to surviving loved ones. Taking legal steps under these circumstances might seem overwhelming, but the compassionate attorneys at Carlson Bier are committed to guiding you through every step.

Interestingly enough, wrongful death cases possess specific elements that distinguish them from other types of personal injury claims:

* Causation: It must be established not only that the negligent conduct occurred but also this directly resulted in death.

* Damages: Monetary damages should be clearly identifiable which encompasses financial losses such as funeral expenses, loss of future earnings, etc., as well as non-economic damages like pain and suffering endured by deceased before death.

* Evidence: Collecting evidence forms an integral part; hence we strongly recommend invoking your right to remain silent while we pivot for obtaining accurate data.

Illinois law holds a unique perspective concerning who can file a wrongful death claim— typically only direct family members (spouses or children) have legal standing. However, if there aren’t any immediate family members available, then next closest relative might obtain rights – this could include parents if deceased was yet unmarried or siblings should no parents survive.

One vital aspect that shouldn’t go unmentioned is statute limitations attached with filing wrongful death claim — Illinois stipulates most cases must occur within two years of decedent’s passing away. If two-year period runs without a claim being filed it drastically reduces chances for any sort recovery related litigation thereafter. Therefore timely intervention becomes crucial for preserving your rights and eligibility for pursuing lawful compensation.

Attorneys at Carlson Bier understand the importance of a prompt response, in accordance with laying strategic foundations to defend your cause. We bottle our collective experience spanning over years into maneuvering specificities that uphold your best interest – focusing every ounce of our legal expertise towards proving negligence or misconduct resulting in untimely death. Our committed approach revolves around unearthing maximum factual evidence, constructing empowering narratives, negotiating responsibly and shouldering full trial representation as necessary.

Providing justice for grieving families through legal action is more than merely a professional commitment for us; it represents a heartfelt engagement towards helping survivors find their way amidst life-altering circumstances. Although we are cognizant no amount can fully compensate for loss encountered, we steadfastly believe the pursuit of rightful damages significantly aids in easing financial burden whilst preserving dignity, being testament to love that transcends life itself.

In spite of making all this information available here comprehensively and simply as possible, understanding specifics involved in wrongful death claims require nuances unique to everybody’s personal context. Therefore taking personalized aid brings an undeniable edge to your situation – especially when navigating dynamics enveloped within such serious cause like a wrongful death claim.

Remember: It’s important that you don’t feel discouraged or overwhelmed — you’re not alone on this journey. At Carlson Bier , our team passionately fosters an ambiance where each client feels valued during this gritty endeavor alongside shedding light on redundant concerns till clarity ensues leaving behind only empowered decisions.

An informed decision determines case trajectory in parallel securing envisionable future which ensues from comprehending what message lies between lines especially while pertinent law jargons do rounds. With carefully knit content designed specially by us elucidate probable course-actions so reader enlightening transforms into bright spots during these testing times.

We encourage you-not just covert reading into proactive steps but foster strong protection against unforeseen hardships circumventing upcoming storms.Coupled with our dedicated self pledge providing absolute focus , stellar customer service and customized strategy, We can help you navigate through a wrongful death claim. We’ve built our reputation assisting clients seeking wrongfully deserved justice while soothing untimely inflicted wounds. To begin strength harnessing journey, we encourage readers click on button below to find out just how much your case truly is worth. Our first consultation is always free so there’s no liability or pressure when capitolizing on this offer. So go ahead- Let’s redefine together what comprehensive support feels like!

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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 Ina

Areas of Practice in Ina

Pedal Cycle Incidents

Specializing in legal support for people injured in bicycle accidents due to negligent parties' negligence or hazardous conditions.

Flame Wounds

Extending professional legal advice for sufferers of intense burn injuries caused by mishaps or recklessness.

Clinical Misconduct

Offering dedicated legal assistance for victims affected by clinical malpractice, including surgical errors.

Merchandise Obligation

Dealing with cases involving faulty products, supplying skilled legal guidance to victims affected by product-related injuries.

Elder Malpractice

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

Trip and Slip Occurrences

Adept in tackling stumble accident cases, providing legal assistance to victims seeking recovery for their suffering.

Newborn Injuries

Offering legal guidance for loved ones affected by medical incompetence resulting in neonatal injuries.

Car Collisions

Incidents: Concentrated on assisting individuals of car accidents secure reasonable remuneration for injuries and destruction.

Motorbike Mishaps

Dedicated to providing legal assistance for motorcyclists involved in motorcycle accidents, ensuring just recovery for traumas.

Semi Accident

Ensuring adept legal services for drivers involved in big rig accidents, focusing on securing fair settlement for harms.

Worksite Incidents

Concentrated on assisting workers or bystanders injured in construction site accidents due to safety violations or misconduct.

Brain Damages

Specializing in ensuring specialized legal assistance for persons suffering from cerebral injuries due to negligence.

Dog Attack Damages

Adept at dealing with cases for persons who have suffered harms from canine attacks or animal attacks.

Pedestrian Accidents

Dedicated to legal advocacy for foot-travelers involved in accidents, providing expert advice for recovering compensation.

Wrongful Loss

Advocating for relatives affected by a wrongful death, offering compassionate and skilled legal guidance to ensure redress.

Spine Impairment

Specializing in assisting victims with vertebral damage, offering dedicated legal guidance to secure justice.

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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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