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Wrongful Death Attorney in Kincaid

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About Carlson Bier Associates

When faced with the unexpected loss of a loved one due to wrongful death, navigating the ensuing legal challenges can be immensely difficult. Retaining skilled and compassionate representation may greatly assist during such trying times. In this regard, Carlson Bier is unrivalled as an astute team of Wrongful Death attorneys in Illinois. We approach every case analytically yet empathetically, committed towards securing justice for grieving families across Kincaid and beyond. Our seasoned lawyers bring vast experience litigating complex cases; we understand the intricacies of establishing liability under Illinois law to ensure rightful compensation is received by those suffering such losses. Choosing Carlson Bier means you are selecting unyielding advocates who will fight tirelessly for your cause; fervently pushing through all roadblocks that obstruct our path towards a fair resolution on your behalf which might include funeral expenses, lost wages or companionship among others . Trust in our dedication, expertise and steadfast resolve – Carlson Bier is indeed your first choice for Wrongful Death related matters.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Kincaid Illinois

Welcome to Carlson Bier, your trusted local legal team specializing in personal injury claims in Illinois. With a keen focus on Wrongful Death cases, our experienced lawyers will assist you every step of the way. Our goal is not just to provide immediate legal counsel, but also to invest ourselves in enlightening and empowering our clients through educated knowledge sharing about these complex issues.

Wrongful death often carries with it an emotion-laden definition and rightfully so; it refers to fatalities that occur due to another’s negligence or intentional conduct. At Carlson Bier, we understand that no amount of monetary compensation can make right the loss of a loved one; however, pursuing a wrongful death claim may alleviate some of the financial burdens associated with such tragedies.

• A wrongful death case aims at holding accountable those involved in causing the accident leading to fatality.

• Compensation from these cases assists families ease their financial struggles tied to medical bills, funeral expenses, lost income etc.

• It further brings about closure by imposing responsibility where it should duly lay.

Being well-versed with Illinois wrongful death statutes is crucial for success in such cases. Here’s why:

Issuer of Time Limit: The law asserts a strict time period during which a wrongful death claim must be filed — typically within two years from the date of demise.

Rightful Claimants: It specifies that only certain individuals related closely with the deceased (spouses or children) have legitimate standing to file a suit for wrongful death compensation.

Evidence Thresholds: Establishing liability for wrongful deaths requires significant proof indicating how defendant’s actions contributed directly towards resultant fatality.

Navigating this labyrinthine process demands expert guidance – there are pivotal junctures involving demand letters, negotiations or possibly even trials wherein strategic legal counsel becomes invaluable. The attorneys at Carlson Bier stand committed towards providing dauntless representation prioritizing your best interests first and foremost – whether that involves tough negotiation or vigorous court battles.

In formulating a robust wrongful death case strategy, certain critical factors come into play:

• Pinpointing Causation: Determining the direct cause and ascertaining its linkage to the alleged negligence.

• Affirm Proof: Evidence’s burden lies on the claimant. Ensuring that there is substantial proof to demonstrate how defendant’s negligent acts led directly towards resultant fatality.

• Expert Testimony: Enlisting expert witnesses premised on specifics of your case – physicians, accident reconstructionists, financial analysts etc.

How does Carlson Bier stand out?

Our accomplished team of wrongful death attorneys brings together an impressive array of skill sets honed by years of distinguished legal practice. We are known for our unrivalled tenacity, deep investigative procedures and strategic acumen in maximising outcomes favourably for our clients. Justice isn’t just abstract principle for us at Carlson Bier; it’s personalised commitment towards each client we serve.

Finally, you may wonder what all this implicates financially – Personal injury lawyers usually operate on contingency fee basis i.e., they get paid only if they secure compensation for you. Here at Carlson Bier, we do likewise ensuring that financial constraints don’t hinder accessibility to top-quality legal defense.

Given that every wrongful death scenario comes with unique facets worthy of distinct legal approach, deciphering where you stand legally can often be perplexing without professional guidance. We invite you thusly to make use of our online ‘Case Evaluation Tool’ which helps gain preliminary insights about your unique situation within the comforts of anonymity. Click on the button below and answer a few simple questions to find out what kind of compensation might rightfully belong to you if decide to pursue a case through us.

Remember — nothing can bring back your loved one from wrongful demise but securing rightful recompense can lessen associated hardship and ease way towards healing by delivering justice. Trust in Carlson Bier—your dependable partner in arduous times ground adversities into hard-won victories.

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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 Kincaid

Areas of Practice in Kincaid

Bicycle Crashes

Proficient in legal assistance for clients injured in bicycle accidents due to others' negligence or unsafe conditions.

Burn Injuries

Offering professional legal support for patients of intense burn injuries caused by accidents or misconduct.

Healthcare Malpractice

Ensuring dedicated legal advice for persons affected by healthcare malpractice, including surgical errors.

Commodities Responsibility

Managing cases involving dangerous products, extending professional legal help to customers affected by product-related injuries.

Senior Misconduct

Defending the rights of nursing home residents who have been subjected to malpractice in nursing homes environments, ensuring protection.

Trip & Trip Accidents

Adept in dealing with trip accident cases, providing legal advice to sufferers seeking recovery for their suffering.

Birth Harms

Offering legal aid for families affected by medical malpractice resulting in birth injuries.

Auto Collisions

Crashes: Concentrated on guiding sufferers of car accidents secure fair compensation for wounds and destruction.

Motorcycle Crashes

Dedicated to providing legal assistance for motorcyclists involved in bike accidents, ensuring justice for losses.

18-Wheeler Incident

Providing professional legal representation for individuals involved in big rig accidents, focusing on securing adequate claims for damages.

Building Collisions

Committed to representing workers or bystanders injured in construction site accidents due to safety violations or recklessness.

Cognitive Impairments

Focused on providing expert legal support for individuals suffering from head injuries due to accidents.

Dog Bite Injuries

Adept at addressing cases for victims who have suffered wounds from dog bites or beast attacks.

Jogger Crashes

Dedicated to legal advocacy for cross-walkers involved in accidents, providing effective representation for recovering restitution.

Wrongful Passing

Fighting for families affected by a wrongful death, offering caring and adept legal services to ensure compensation.

Vertebral Injury

Specializing in representing individuals with spinal cord injuries, offering professional legal representation 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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