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Wrongful Death Attorney in Kinmundy

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About Carlson Bier Associates

Facing a wrongful death claim in Kinmundy can be emotionally draining and legally challenging. That’s why it is critical to partner with an assertive, compassionate law specialist who understands the complexities of such cases. Enter Carlson Bier – we’re relentless fighters for justice who confront those responsible for your loss on your behalf. Unlike many other firms that might handle a wide range of legal issues, at Carlson Bier we focus solely on personal injury and wrongful death suits to bring our clients clarity, commitment and an unparalleled depth of knowledge. Our team meticulously investigates every aspect, yielding a comprehensive understanding that ultimately success in compelling fairness from stubborn insurance companies or obstinate guilty parties . We do not believe in making mere promises; instead, we’ve built our reputation through hard-earned courtroom victories across Illinois,. If you have lost someone due to another party’s negligence or misconduct within Kinmundy city limits , think Carlson Bier as the premier legal ally ready to diligently seek restitution for damages incurred during one of life’s most tragic episodes .

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Kinmundy Illinois

The experienced attorneys at Carlson Bier are here to represent and guide you through the complexities of Wrongful Death claims in Illinois. Your search for a compassionate and skilled personal injury attorney ends at our law firm, where we aim to ease your burden during what can be one of the most challenging moments of your life.

Wrongful death cases call for understanding along with top-tier legal expertise – factors that become crucial when trying to bring justice to someone who has been robbed of their life due to another party’s negligence or misconduct. But what exactly is wrongful death? Essentially, it refers to instances wherein an individual’s untimely passing is caused directly by the irresponsible actions — or inactions — of a third-party subject. The circumstances can vary greatly, encompassing everything from medical malpractice and car accidents to workplace mishaps and incidents linked with defective products.

There are several important aspects involving wrongful death claims that demand focused attention. For instance:

– A wrongful death claim must be filed within a specific timeframe – typically two years following the death. This period is known as the statute of limitations.

– In Illinois, only particular stakeholders may make these damage claims: specifically, personal representatives acting on behalf of the deceased’s estate.

– Damage coverages can include items such as loss of companionship or emotional suffering, financial contributions previously provided by the deceased party, covering costs linked with funerals/burials, compensation related to pain & suffering inflicted upon deceased prior their demise etc.

Save yourself invaluable time amidst overwhelming grief by entrusting this process unto knowledgeable professionals like those at Carlson Bier. Our team will help streamline every step linked with filing a Wrongful Death claim so that you’re spared extra strain during an already stressful period in your life.

Our role goes beyond simply representing you in court; we’re committed to equipping you with an informed perspective about all pivotal areas tied up with your case until its final resolution – thereby empowering you throughout the entire legal journey. We’ve consolidated decades of wide-ranging experience into a focused mission – advocating for you and your rights passionately.

Pursuing a wrongful death claim on behalf of a loved one can be an emotionally charged, legally complex process that often requires skilled navigation. It follows then, that selecting the right representation holds paramount significance throughout this endeavor. For these reasons, choosing Carlson Bier as your personal injury attorney is not simply about gaining an outstanding team with extensive practical experience—we also deliver personalized care that respects your emotions & needs at this time of loss.

At our firm, we’ll help shed light upon all elements tied up with Wrongful Death claims from facts pertaining to potential defendants worthy of identification—like individuals, companies or government entities—to comprehending what comprises ‘pecuniary’ (financial) damages and how they can impact final settlements.

As personal injury lawyers based in Illinois – but conscious of complying with regional advertising laws highlighting the importance of physical office presence – we reiterate: Carlson Bier remain within reach to guide parties dealing with wrongful deaths through every step until justice is delivered,and help them navigate forward in their life after such tragic incidents.

Wrongful death cases are extremely complex by nature, demanding comprehensive understanding along with a meticulous approach both inside and outside the courtroom. This kind of intensity begs for unparalleled legal knowledge coupled with skills you’ll find at Carlson Bier — where getting you the justice you deserve isn’t just our job; it’s our duty.

Our commitment doesn’t stop here. Feel free to explore further details about different aspects relating our services via links scattered throughout this page. However, if more immediate answers or assistance needed particularly regarding any Wrongful Death case’s worth estimation—you’re invited to click on the button below immediately providing prompt access for commencing your journey toward rightful restitution—because ensuring fair outcomes matches intimately intertwined vision embedded deep within core foundation fueling striving efforts igniting forces behind ever-vigilant Carlson Bier team.

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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 Kinmundy

Areas of Practice in Kinmundy

Bike Crashes

Dedicated to legal services for individuals injured in bicycle accidents due to negligent parties' recklessness or perilous conditions.

Burn Traumas

Giving professional legal services for victims of grave burn injuries caused by occurrences or indifference.

Physician Incompetence

Delivering dedicated legal services for clients affected by physician malpractice, including misdiagnosis.

Commodities Liability

Addressing cases involving unsafe products, extending adept legal guidance to clients affected by defective items.

Aged Malpractice

Supporting the rights of elders who have been subjected to abuse in care facilities environments, ensuring compensation.

Slip and Slip Mishaps

Expert in handling tumble accident cases, providing legal services to victims seeking justice for their damages.

Newborn Damages

Supplying legal guidance for relatives affected by medical malpractice resulting in newborn injuries.

Vehicle Accidents

Collisions: Devoted to aiding victims of car accidents get appropriate recompense for wounds and destruction.

Scooter Mishaps

Focused on providing legal assistance for individuals involved in motorcycle accidents, ensuring adequate recompense for traumas.

Big Rig Collision

Offering specialist legal advice for drivers involved in truck accidents, focusing on securing rightful settlement for hurts.

Construction Site Crashes

Dedicated to defending employees or bystanders injured in construction site accidents due to recklessness or negligence.

Head Harms

Specializing in providing dedicated legal assistance for individuals suffering from brain injuries due to incidents.

Canine Attack Harms

Adept at dealing with cases for persons who have suffered damages from puppy bites or creature assaults.

Jogger Mishaps

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

Undeserved Passing

Standing up for loved ones affected by a wrongful death, offering empathetic and skilled legal services to ensure fairness.

Spine Injury

Focused on defending persons with spinal cord injuries, offering specialized legal guidance 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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