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Wrongful Death Attorney in Kankakee

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About Carlson Bier Associates

When facing the painful aftermath of a wrongful death, Carlson Bier offers expert and compassionate legal representation for residents in Kankakee. Our team consists of seasoned Illinois wrongful death attorneys who have acquired an esteemed reputation through years of successful cases. We understand how challenging this time can be emotionally and financially, which is why we are dedicated to fighting for your rights and securing the fair compensation that you deserve. Our confidence stems from our proven track record along with extensive experience handling personal injury lawsuits in Illinois courts specifically related to wrongful deaths. From investigation to trial, every step will be handled meticulously ensuring maximum recovery for losses incurred due to someone else’s negligence or misconduct. Hiring us means having relentless advocates by your side who know the nuances of litigating complex wrongful death claims under Illinois law thoroughly; making sure justice isn’t only served but sought after with unwavering conviction, because at Carlson Bier we believe that losses inflicted unjustly should never go uncompensated!

About Carlson Bier

Wrongful Death Lawyers in Kankakee Illinois

At Carlson Bier, we specialize in personal injury law and understand the complexities surrounding a wrongful death case. A grieving family grappling with an unexpected loss deserves exceptional legal representation to fight for their rights deservedly. Wrongful death—a deeply unfortunate occurrence—means that a person’s demise was directly caused by another’s negligence, misconduct, or intentional behavior. This area of the law aims to provide reparation earning potential lost due to untimely passing as well as non-economic damages like pain, suffering and emotional distress endured by the deceased’s family.

Understanding whether your loved one’s death falls under wrongful death is crucial. In Illinois, reputable causes include car accidents engendered through negligent driving such automobile malfunctions caused by poor repair work; medical malpractice bridging misdiagnoses or surgical errors; nursing home neglectful acts causing patients undue harm and premature death; product liability where usage of flawed products lead to fatal injuries amongst others including unjust acts of violence leading to homicide.

• The deceased must be human.

• The defendant acted negligibly or intended harm.

• The mentioned actions were primary cause leading to victim’s death.

• Damages ensued are monetarily reprimandable.

Calculating compensation should factor in numerous variables: economic losses – salary and earnings slain individual would have contributed over time if not for tragic eventuality; non-economic, intangible yet devastating impacts influencing quality of life such as mental anguish, grief alongside costs incurred for burial/funeral services etc.; punitive damages allocated specifically when culprits egregiously irresponsible conduct/etc inflicted irreversible loss.

Navigating these fields requires expertise imbued within seasoned legal professionals versed indiscriminately within these complex terrains exemplifying why engaging accredited representation ensures rightful restitution without needless delay/prolongation following compliant procedural conformity preventing unsuccessful suit dismissal on technicality grounds risking entirely vanquishing critical claims relinquishing appropriate reparations horizontally impacting all concerned parties needlessly extending traumatic repercussions punitively damaging all associated parties indirectly perpetuating grief inflicted by prevailing circumstances.

The statute of limitations for filing wrongful death lawsuits in Illinois is generally two years from the date of death. However, exceptions may apply depending on the case specifics – another crucial reason to seek professional guidance from a legal team like Carlson Bier promptly following such disconcerting developments securing unambiguous understanding relating statutory obligations ensuring time-sensitive processes initiated proportionately elevated familial well-being interests preventing any additional strain/worry unnecessarily hampering grieving processes further.

Time proves invaluable given extensive proof gathering required showcasing beyond reasonable doubt that negligent or malicious act led to your loved one’s demise alongside identifying feasible financial damage figure aligning accurately given circumstantial variables affirmatively corroborating claims provisioned ensuring highest compensatory settlement appropriated through steadfast representation championing for justice assertively addressing each individual aspect proportionate claim/assertion lodged.

Services rendered transcend far beyond simply presenting client cases within courtrooms as compassionate support offered aids immeasurably during painful periods providing much-needed comfort/security feeling adversely affected family members alongside tirelessly pursuing redress/closure helping restore semblance normalcy severely disrupted personal life landscapes.

At Carlson Bier, we incorporate our substantial proficiency experientially garnered handling similar cases across Illinois delivering unwavering advocacy fighting relentlessly seeking just compensation duly entitled helping shoulder vast financial burdens currently bearing heavily upon grief-stricken shoulders consequentially bringing slight reprieve mitigating financially straining adjunct aspects coinciding loss emerging from direct impacts exerted widely prevalent injury extents incurred occurrent of wrongful deaths.

Do you believe your loved one was a victim of wrongful death? Do not hesitate to contact us at Carlson Bier – our dedicated team is ready to lend an empathetic hand and provide powerful legal counsel leveraging diversity found enriching accumulated expertise spanning numerous years vigorously advocating for justice within personal injury law sphere. To discover how much your case might be worth and take the first step towards achieving rightful restitution, click on the button below. Together, we can explore your legal options and construct a sturdy pathway towards resolution-and-justice.

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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 Kankakee

Areas of Practice in Kankakee

Pedal Cycle Incidents

Proficient in legal assistance for clients injured in bicycle accidents due to other parties' carelessness or hazardous conditions.

Scald Traumas

Supplying specialist legal advice for victims of severe burn injuries caused by incidents or negligence.

Clinical Negligence

Delivering specialist legal advice for victims affected by medical malpractice, including wrong treatment.

Products Fault

Managing cases involving problematic products, delivering expert legal guidance to clients affected by harmful products.

Senior Mistreatment

Defending the rights of elders who have been subjected to abuse in senior centers environments, ensuring restitution.

Stumble & Slip Incidents

Specialist in tackling slip and fall accident cases, providing legal advice to clients seeking justice for their suffering.

Childbirth Wounds

Extending legal guidance for households affected by medical carelessness resulting in neonatal injuries.

Car Accidents

Accidents: Devoted to aiding individuals of car accidents secure appropriate compensation for damages and harm.

Bike Crashes

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

18-Wheeler Mishap

Ensuring experienced legal advice for individuals involved in lorry accidents, focusing on securing fair settlement for harms.

Construction Collisions

Engaged in supporting staff or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Neurological Impairments

Committed to providing professional legal support for individuals suffering from neurological injuries due to carelessness.

Dog Attack Traumas

Adept at tackling cases for persons who have suffered traumas from dog attacks or animal assaults.

Cross-walker Mishaps

Specializing in legal support for cross-walkers involved in accidents, providing comprehensive support for recovering claims.

Unwarranted Passing

Standing up for bereaved affected by a wrongful death, providing empathetic and expert legal representation to ensure justice.

Vertebral Impairment

Focused on representing clients with paralysis, offering compassionate legal guidance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer