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Wrongful Death Attorney in La Salle

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About Carlson Bier Associates

If you’re seeking representation for a wrongful death claim in La Salle, consider the experienced legal team at Carlson Bier. Our attorneys specialize in complex personal injury cases, making them versatile experts equipped to tackle any form of wrongful death lawsuit. With years of practical knowledge under their belts, they are adept at meticulously examining every detail from medical records to witness statements—just what’s needed when working with such delicately sensitive and challenging circumstances that come with wrongful death lawsuits. At Carlson Bier, we understand the severe emotional strain you’re facing due to your devastating loss; our empathetic approach marries perfect execution and personalized attention assuring maximum compensation for your case. We strongly believe that our commitment to fighting vehemently on behalf of those navigating through this tragic phase sets us apart as leaders within the legal sector. Navigating these turbulent times is difficult enough; let Carlson Bier provide expert care until justice prevails. Trusting us means placing your confidence in award-winning Illinois based professionals who strive relentlessly towards satisfactory resolution and reparation.

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About Carlson Bier

Wrongful Death Lawyers in La Salle Illinois

Unanticipated accidents can often result in overwhelming grief, and when a life is lost due to another’s negligence, the aftermath is particularly devastating. At Carlson Bier, our empathetic and dedicated personal injury attorneys understand this profound sense of loss. We’re here to help guide you through the complex legal processes inherent with Wrongful Death lawsuits.

Wrongful death refers to an unfortunate occurrence where someone loses their life due to wrongful acts or negligence on the part of others—the responsible party could be an individual or a corporation. Situations giving rise to such claims often encompass vehicle accidents, medical malpractice, product liability issues, workplace accidents among others. When dealing with these cases in Illinois, certain key things must be considered:

– The claimant should possess demonstrative proof that someone else’s carelessness caused their loved one’s untimely death.

– Legal action for wrongful death needs to be initiated within two years from the date of the person’s demise – This is known as ‘the statute of limitations.’

– A thorough investigation of circumstances surrounding the incident must occur promptly which might include interviewing witnesses and gathering evidence.

As experts in personal injury law, Carlson Bier has extensive experience strategizing viable solutions specifically tailored for every unique case. We possess resources needed for meticulous investigations—medical experts for medical malpractice suits; collision reconstruction professionals when dealing with vehicular incidents—and lawyer expertise to negotiate or litigate full compensation for your deep-rooted affliction.

We believe thorough education about Illinois wrongful death laws aids clients in navigating this complicated litigation landscape ensuring them smoother navigation towards legal recourse:

· In Illinois, only a special administrator (often a close family member) appointed by probate court can file a wrongful death lawsuit on behalf of surviving relatives.

· Monetary damages recovered through these suits are “for those injuries suffered by next kin”, addressing direct economic harm like lost earning potential or funeral expenses plus non-monetary damages such as mental anguish experienced by surviving kin.

· Illinois law doesn’t cap the amount of damages that can be awarded in wrongful death cases.

Navigating wrongful death suits is challenging—particularly when you’re wrestling with loss—and engaging a competent lawyer to represent your interests is vital. At Carlson Bier, our paramount aim lies within championing for justice on behalves of those most affected by such tragedies.

Our commitment encompasses taking care of all legal concerns, providing practical advice concerning insurance claims and probate issues, even coordinating with grief counselors during these difficult times. Above all, we fight tirelessly to ensure survivors receive their rightful compensation during this stressful period.

Whether it’s accumulating evidence or assessing damages one faces after a loved one’s decease—we at Carlson Bier understand every nuance involved and guide our clients towards achieving maximum possible redress. We hold an impressive track record when dealing with such cases right here in Illinois where we’re rooted—a testament to our dedication granting victims comforting respite following horrendous circumstances leading up to these lawsuits—that’s why numerous victims have advocated for our services over countless other firms.

Taking into account the exhaustiveness surrounding these incidents along with emotional disturbance that follows—it importantly underscores choosing the right attorney for handling this sensitive subject matter. So if you find yourself bearing under the shocking weight of wrongful death—then don’t hesitate allowing us help shouldering some burdensome load off; Assist you course through these troubling times effectively securing deserved compensation you steadfastly deserve.

Every wrongful death case carries its unique characteristics ensuing from specific set of circumstances; ascertaining how much your claim could truly be worth requires careful consideration entailing meticulous examination of available evidence and intuitive interpretation applying years’ worth expertise in personal injury law. If inheriting further insight about potential evaluation characterizing your case today—simply click on button below: allow proficient team here at Carlson Bier run thorough analysis judging value behind your specific case rendering estimation justifiably fitting what you rightly deserve.

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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 La Salle

Areas of Practice in La Salle

Pedal Cycle Accidents

Expert in legal assistance for persons injured in bicycle accidents due to other parties' indifference or dangerous conditions.

Scald Damages

Extending expert legal services for patients of serious burn injuries caused by occurrences or indifference.

Medical Malpractice

Extending dedicated legal services for persons affected by healthcare malpractice, including surgical errors.

Items Obligation

Addressing cases involving defective products, extending specialist legal assistance to consumers affected by harmful products.

Geriatric Mistreatment

Protecting the rights of the elderly who have been subjected to misconduct in nursing homes environments, ensuring protection.

Fall and Fall Occurrences

Specialist in addressing trip accident cases, providing legal advice to victims seeking redress for their damages.

Birth Wounds

Delivering legal aid for households affected by medical malpractice resulting in neonatal injuries.

Vehicle Incidents

Collisions: Concentrated on guiding individuals of car accidents receive fair remuneration for damages and destruction.

Motorcycle Collisions

Expert in providing legal services for bikers involved in motorcycle accidents, ensuring justice for injuries.

Trucking Collision

Delivering adept legal assistance for clients involved in trucking accidents, focusing on securing just settlement for damages.

Construction Site Incidents

Focused on defending workmen or bystanders injured in construction site accidents due to oversights or irresponsibility.

Neurological Damages

Expert in extending professional legal advice for clients suffering from neurological injuries due to negligence.

K9 Assault Damages

Proficient in addressing cases for individuals who have suffered damages from puppy bites or beast attacks.

Cross-walker Mishaps

Specializing in legal assistance for joggers involved in accidents, providing expert advice for recovering restitution.

Unwarranted Fatality

Striving for grieving parties affected by a wrongful death, delivering understanding and experienced legal guidance to ensure justice.

Spinal Cord Trauma

Specializing in representing individuals with spine impairments, offering professional legal assistance 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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