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Wrongful Death Attorney in Lena

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the heartbreaking event of a wrongful death, you need an advocate who will fight tirelessly for justice. Carlson Bier is from Illinois’s cause-driven law firms committed to assisting families left behind due to negligence or wrongdoing. With our vast experience managing wrongful death cases, we understand your emotional predicament and aim at easing the legal turmoil for you by delivering results that matter. As a testament to our tremendous dedication and profound legal acumen, we have recovered substantial compensation in numerous wrongful death lawsuits across diverse practice areas. We strategically build your case with an evidence-backed approach ensuring every minor detail holds significant weightage towards establishing liability. Our negotiation skills are unparalleled; we pressurize the insurance companies till they relent, compensating adequately for the priceless life lost along with relatable expenses incurred since then until now or set out in future time frames as necessary elements under Wrongful Death Act.Undeniably, choosing Carlson Bier means partnering with excellence that stands tall versus adversity demanded in such challenging circumstances enforcing rights assuring fairness while pursuing justice.

About Carlson Bier

Wrongful Death Lawyers in Lena Illinois

At Carlson Bier, our principal focus is on ensuring justice for families who have unfortunately experienced the tragedy of losing a loved one due to negligence or intentional harm. Our esteemed team understands how overwhelming these situations can be and offer exceptional support in handling Wrongful Death cases with utmost compassion and professionalism. As proficient personal injury attorneys based in Illinois, we are committed to providing you with comprehensive guidance through the legal process during such distressing times.

Wrongful death occurs when an individual dies as a result of someone else’s negligent or intentional behavior. This intricately interweaves areas of law that must adhere strictly to specific timelines and criteria. In Illinois, family members of the deceased may file a wrongful death lawsuit within two years from the date of their loved one’s passing. It’s valuable for potential clients in need to know this pertinent information which emphasizes why time is always an essential factor in this process.

Some key points worth noting include:

– The suit must be filed by a personal representative (typically either spouse or adult children) on behalf of the surviving beneficiaries.

– If successful, compensation may cover loss of companionship, emotional pain and suffering, lost benefits and wages from the deceased worker, medical expenses incurred before the death along with funeral expenses.

-A jury decides damages awarded under The Illinois Wrongful Death Act which often varies greatly depending upon several factors like age, circumstances surrounding the event causing death etc.

Having tailored strategies combined with exhaustive knowledge about specific state laws regarding wrongful deaths strengthens our client representation at MacDonald Miles & Carlson PC enormously. Our team extensively familiarizes themselves with every detail concerning your case so they are fully prepared to fight tenaciously for your right to adequate compensation.

Above all else, authenticity lies at the heart of everything pharmaceuticals do here at McDonald Miles & Carlson PC. Irrespective if it’s meticulously preparing for negotiations or fearlessly arguing your case in court if needed; each step is taken while considering your family’s best interest. Client concerns are always our priority and we strive persistently to alleviate as much stress from your family as possible during these trying times.

Reckoning with Wrongful Death is indeed a distressing human experience, but it’s important to remember that you do not need to endure this journey alone. The Law Firm Carlson Bier, based in Illinois holds an extensive track record when it comes down to supporting families navigating the convoluted intricacies associated with wrongful death lawsuits under the state laws.

In such tumultuous circumstances, having competent legal representation like us by your side can make all the difference in relieving some of that overwhelming burden you might be wrestling with. We utilize our broad expertise passionately aimed at securing justice for survivors left behind by their beloved ones untimely passing. Trust in Carlson Bier to handle your case conscientiously and assiduously enabling a greater sense of peace amid life-altering adversity.

In summary, acknowledging your right to assert a claim can substantially assist you whilst coming to terms with this profound loss more effortlessly. To learn how Carlson Bier’s personal injury attorneys could add value steering you through this tough endeavor; click on the button below promptly. Find out how much potential compensation your case is worth right now and choose experience coupled with compassion for handling your difficult grievances today.

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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 Lena

Areas of Practice in Lena

Two-Wheeler Crashes

Dedicated to legal representation for people injured in bicycle accidents due to other parties' negligence or perilous conditions.

Scald Traumas

Providing skilled legal services for individuals of severe burn injuries caused by mishaps or indifference.

Hospital Misconduct

Delivering experienced legal representation for clients affected by medical malpractice, including wrong treatment.

Goods Obligation

Taking on cases involving dangerous products, extending skilled legal help to individuals affected by harmful products.

Geriatric Neglect

Supporting the rights of the elderly who have been subjected to mistreatment in senior centers environments, ensuring compensation.

Slip & Fall Accidents

Professional in addressing slip and fall accident cases, providing legal services to victims seeking redress for their injuries.

Newborn Traumas

Supplying legal support for relatives affected by medical incompetence resulting in newborn injuries.

Car Collisions

Accidents: Concentrated on assisting individuals of car accidents secure just remuneration for harms and destruction.

Bike Crashes

Committed to providing legal support for bikers involved in bike accidents, ensuring just recovery for traumas.

Big Rig Crash

Delivering expert legal assistance for individuals involved in big rig accidents, focusing on securing just recovery for harms.

Construction Site Accidents

Dedicated to advocating for workmen or bystanders injured in construction site accidents due to carelessness or misconduct.

Neurological Harms

Specializing in delivering compassionate legal support for patients suffering from brain injuries due to misconduct.

Canine Attack Wounds

Proficient in addressing cases for persons who have suffered wounds from canine attacks or beast attacks.

Jogger Incidents

Dedicated to legal advocacy for walkers involved in accidents, providing dedicated assistance for recovering claims.

Unfair Loss

Striving for families affected by a wrongful death, delivering sensitive and skilled legal guidance to ensure redress.

Backbone Injury

Dedicated to defending persons with spine impairments, offering professional legal services to secure justice.

Contact Us Today if you need a Person Injury Lawyer