Wrongful Death Attorney in Iuka

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Over $50 Million in Recoveries

Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Dealing with the loss of a loved one is challenging; when it occurs due to another’s negligence, the pain can be awful. In such moments, seek justice through Carlson Bier wrongful Death attorney group – your reliable partner in Iuka. Why choose us? Our seasoned team has comprehensive knowledge of Illinois Law and decades of experiencing handling sensitive Wrongful Death cases. At Carlson Bier, we approach each case meticulously offering personalized services to address individual client needs for maximal compensation possible under the law . Boasting an exemplary track record, our attorneys are fervent advocates for victims possessing unwavering commitment towards upholding their rights. We facilitate swift procedural processes without compromising on precision ensuring no detail is overlooked while building robust defense strategies on behalf of our clients. Addtionally, we operate on a contingency fee basis , meaning you only pay if compensation is received from trial or settlement — emphasizing our dedication to service not billables! Trust Carlson Bier for compassionate representation ensuring your departed loved one’s justice isn’t compromised.

About Carlson Bier

Wrongful Death Lawyers in Iuka Illinois

At Carlson Bier, we represent clients who have endured the most tragic of circumstances – wrongful death. As personal injury attorneys based in Illinois, our mission is to provide support, comfort and legal expertise during the unimaginably difficult time that follows losing a loved one due to other parties’ negligence or misconduct.

Wrongful death can occur through various scenarios such as car accidents, medical malpractice, workplace incidents or defective products. Regardless of how it happens, the shock and grief are always profound impacts on those left behind.

• Car Accidents: The National Highway Traffic Safety Administration has reported that 94% of crashes are caused by human error.

• Medical Malpractice: Each year nearly 100,000 deaths occur due to preventable medical errors.

• Workplace Incidents: Poor health and safety procedures can lead to fatal accidents at work.

• Defective Products: Products poorly engineered or improperly monitored may claim innocent lives.

In Illinois, under the Wrongful Death Act(740 ILCS 180), surviving spouses or next-of-kin may file a lawsuit if “the deceased person could have filed a personal injury lawsuit if he/she had lived”. While filing a suit cannot bring back your loved one, it can seek financial compensation for loss of consortium (companionship), emotional pain and suffering, potential earnings that would have been provided by the deceased etc., thus helping decrease economic hardships faced due to tragic losses.

As your wrongful death lawyers from Carlson Bier we diligently strive to:

1) Establish Duty Of Care: Highlighting that there was a level of responsibility owed by the defendant towards the victim directly linked with their safety;

2) Prove Breach of Duty: Show that this care was not realized leading directly to harm;

3) Ascertain Causation: Demonstrating unambiguously how failure in duty causally resulted in your loved ones’ fatality;

4) Estimate Damages: Assessing anecdotal evidence to monetarily quantify the loss that you and your family have had to burden.

In all wrongful death cases, ‘Statute of Limitations’ comes into play. In Illinois, this limit is generally set at two years from death for personal injury and five years for property damage. We recommend contacting a legal expert immediately after the incidence to guide you efficiently through, these otherwise incredibly complex procedures.

We understand that talking about this can be hard – but facing it alone can be harder. When tragedy strikes unexpectedly leaving families devastated and disoriented, securing seasoned professional advice is crucial. At Carlson Bier, our empathetic yet firm approach ensures not only robust legal support but an unveiling of justice as we relentlessly fight for genuine closure for those left behind.

At Carlson Bier, we believe in helping our clients navigate through the intricate process of seeking rightful compensation as smoothly as possible thus enabling them with a better chance at mitigating grief and moving forward towards healing.

Every detail matters when presenting a case impeccably which is why we insist on conducting thorough investigations – hearing witness testimonies, gathering medical records or autopsy reports; working relentlessly till every strand fits seamlessly making your voice heard louder than ever before.

Remember: If a wrongful death has affected your life or that of someone you know — reach out to us now! Click on the button below to find out how much your case might be worth right here in Illinois (not based in Iuka). Your journey towards getting justice doesn’t need to stay shrouded in confusion any longer – let’s step into clarity together with Carlson Bier paving the way ahead.

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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 Iuka

Areas of Practice in Iuka

Bike Accidents

Dedicated to legal assistance for people injured in bicycle accidents due to negligent parties' indifference or dangerous conditions.

Scald Wounds

Giving professional legal advice for patients of major burn injuries caused by incidents or negligence.

Physician Malpractice

Extending dedicated legal advice for persons affected by healthcare malpractice, including negligent care.

Items Liability

Managing cases involving defective products, extending professional legal support to consumers affected by product-related injuries.

Aged Malpractice

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

Stumble & Fall Occurrences

Specialist in dealing with tumble accident cases, providing legal services to persons seeking recovery for their damages.

Birth Harms

Offering legal guidance for relatives affected by medical negligence resulting in newborn injuries.

Car Crashes

Mishaps: Concentrated on assisting clients of car accidents get equitable payout for damages and harm.

Motorbike Accidents

Specializing in providing legal support for riders involved in two-wheeler accidents, ensuring just recovery for traumas.

Trucking Crash

Ensuring specialist legal assistance for drivers involved in lorry accidents, focusing on securing rightful settlement for harms.

Building Site Collisions

Committed to representing staff or bystanders injured in construction site accidents due to negligence or misconduct.

Cognitive Injuries

Committed to providing compassionate legal support for clients suffering from cognitive injuries due to carelessness.

K9 Assault Traumas

Skilled in tackling cases for persons who have suffered wounds from puppy bites or creature assaults.

Cross-walker Collisions

Committed to legal services for cross-walkers involved in accidents, providing dedicated assistance for recovering claims.

Wrongful Loss

Working for grieving parties affected by a wrongful death, providing understanding and professional legal services to ensure fairness.

Neural Damage

Expert in assisting clients with spine impairments, offering professional legal assistance to secure redress.

Contact Us Today if you need a Person Injury Lawyer