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Wrongful Death Attorney in Lexington

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About Carlson Bier Associates

Discovering that a loved one’s passing could have been avoided forms the basis for a wrongful death claim. In such heartbreaking times, Carlson Bier steps in to provide unwavering legal support and guidance. Specializing in wrongful death cases within Lexington, they are committed to obtaining justice for grieving families while navigating through complex legal processes with professionalism and sensitivity. They conduct rigorous investigations into each case, exploring all possible avenues to determine liability accurately. With extensive experience handling these delicate issues, Carlson Bier Attorneys cement their reputation as leaders who value the client-attorney relationship above all else.Your family’s pain takes precedence; it’s their promise that empathy informs every step of your journey towards justice. While nothing can replace your lost ones,equitable compensation may serve as solace during these testing times.Performing beyond standard expectations,the Carlson Bier team brings knowledge,strategic acumen,and unparalleled commitment.Extensive expertise in Lexington’s local laws posits them advantageously when up against formidable defendants.Carlson Bier -your dependable advocates turning an unfavorable situation into favorable outcomes.

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About Carlson Bier

Wrongful Death Lawyers in Lexington Illinois

Carlson Bier is a renowned personal injury law firm proudly serving the residents of Illinois. Our seasoned legal professionals specialize in various areas of personal injury law, with an empathetic focus on handling Wrongful Death cases – fraught situations where your loved one’s death was caused by another party’s negligence or intentional act.

Understanding wrongful death can be overwhelming during such a personally difficult time. Let us simplify it for you. Wrongful Death refers to those dreadful circumstances where someone dies due to the misconduct or negligence of another individual or entity. Every state maintains its unique set of laws and limitations related to Wrongful Death actions, including who may sue, what types of damages are recoverable, and when the lawsuit must be filed.

Here at Carlson Bier:

• We strive for justice by holding the culpable parties accountable.

• We provide relentless dedication towards ensuring that our clients obtain maximum compensation to help them rebuild their lives after such tragic loss.

• And we involve ourselves genuinely in educating our clientele about essential aspects surrounding their Wrongful Death case so they can make informed decisions.

When contemplating bringing forth a wrongful death action in Illinois, understanding three key factors is crucial:

– Identification Of Defendants: It entails identifying and legally establishing all individuals/entities responsible for the demise.

– Proof Of Negligence: Demonstrating that your loved one died as a consequence of the defendant’s recklessness or deliberate behavior.

– Illustration Of Damages: Legal documentation indicating tangible financial consequences resulting from the death (such as medical expenditure, lost wages).

The right attorney helps navigate through these complicated steps ensuring your rights are protected while providing necessary guidance throughout this emotionally tolling journey.

Why choose Carlson Bier?

Our proficiency backed by years of experience ensures comprehensive representation grounded in legal expertise and compassionate counsel making us uniquely qualified to assist you in seeking just reparation through:

– Financial Recovery: Including coverage for medical expenses incurred before death attributable to negligent conduct/injury, funeral and estate administration expenses, loss of future income, benefits, services, companionship or consortium due to untimely death.

– Legal Guidance: We guide you through the complicated labyrinth of Illinois Wrongful Death legislature while protecting your interests every step of the way.

– Emotional Support: Lawsuits are emotionally burdensome. Our objective reaches beyond achieving legal success; we care for our clients’ emotional well-being by offering personalized attention and empathetic support.

For us at Carlson Bier, it’s not just about legal representation – it’s about justice served rightly with sensitivity. It’s also critical to remember that Illinois follows a “statute of limitations” rule which means wrongful death lawsuits must be filed within specific timeframes adhering to the date of demise. Missing this deadline potentially results in forfeiting your right to pursue reparation.

In light of such pressing circumstances demanding immediate action coupled with thorough understanding and grappling with immense personal grief; having skilled advocates like us by your side can salvage more than just financial compensation. It forms an integral part towards paving the pathway to healing.

Now that you have learned extensively about how Wrongful Death works in Illinois from Carlson Bier – a law firm rooted in experience, empathy, dedication and undeniable proficiency – why wait any longer? Remember, time is crucial in such cases. Click on the button below to find out what your case could be worth under our rigorous representation. Acquiring expert legal counsel may very well lead towards obtaining rightful justice whilst aiding significantly on your path to recovery and closure after such an unfortunate loss. Let us help carry some burden off your shoulders during this extremely difficult moment as we diligently work towards securing deserved justice for those wrongfully lost.

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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 Lexington

Areas of Practice in Lexington

Pedal Cycle Mishaps

Proficient in legal assistance for people injured in bicycle accidents due to responsible parties' negligence or unsafe conditions.

Scald Injuries

Giving professional legal services for patients of major burn injuries caused by occurrences or indifference.

Physician Malpractice

Providing professional legal advice for individuals affected by healthcare malpractice, including surgical errors.

Goods Accountability

Handling cases involving defective products, delivering expert legal support to victims affected by product malfunctions.

Geriatric Neglect

Advocating for the rights of the elderly who have been subjected to malpractice in senior centers environments, ensuring restitution.

Trip & Slip Incidents

Specialist in addressing trip accident cases, providing legal representation to clients seeking restitution for their suffering.

Childbirth Damages

Providing legal aid for kin affected by medical incompetence resulting in infant injuries.

Auto Incidents

Collisions: Committed to assisting victims of car accidents obtain just recompense for harms and damages.

Two-Wheeler Accidents

Committed to providing legal services for victims involved in two-wheeler accidents, ensuring fair compensation for damages.

Truck Crash

Ensuring professional legal representation for drivers involved in trucking accidents, focusing on securing fair recovery for hurts.

Construction Site Accidents

Dedicated to advocating for workmen or bystanders injured in construction site accidents due to negligence or recklessness.

Cerebral Harms

Focused on providing expert legal services for victims suffering from cognitive injuries due to misconduct.

K9 Assault Traumas

Proficient in managing cases for victims who have suffered traumas from canine attacks or animal assaults.

Foot-traveler Crashes

Focused on legal support for pedestrians involved in accidents, providing professional services for recovering damages.

Unjust Fatality

Working for relatives affected by a wrongful death, providing compassionate and adept legal assistance to ensure redress.

Backbone Damage

Dedicated to representing individuals with vertebral damage, offering professional legal services to secure compensation.

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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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