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Wrongful Death Attorney in Lincoln

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About Carlson Bier Associates

Suffering the loss of a loved one due to wrongful death is heartbreaking. During this difficult time, you deserve compassionate and steadfast legal support. At Carlson Bier, we prioritize your needs and advocate for your right to compensation with unwavering dedication. Highly regarded across Illinois for personal injury law representation, we particularly focus on Wrongful Death suits in Lincoln and surrounding areas . Our attorneys combine years of experience with comprehensive knowledge of Illinois laws to explore all avenues significantly enhance chances for potential settlements or verdicts in favor of our clients.

Choosing Carlson Bier as a trusted ally provides crucial insights into factors often overlooked by victims like statutes of limitations within which lawsuits must be filed. We understand the complex financial repercussions following these devastating events and strive tirelessly to secure maximum damages on behalf every client.

While no settlement can truly compensate for tragic loss, it can ease burdensome expenses associated while serving as justice against guilty parties involved.

Choose the strong hands-on legal guidance that only Carlson Bier offers.Let us lead you through these challenging times; fighting ceaselessly for justice served inches closer each day with us alongside navigating through intricate corners filled with compassion at its finest degree.

About Carlson Bier

Wrongful Death Lawyers in Lincoln Illinois

Understanding the complexities of wrongful death cases is crucial for anyone facing this distressing circumstance. At Carlson Bier, our commitment to providing high quality legal services extends to empowering our clients and potential clients with deep knowledge base on Wrongful Death. Located in Illinois, we are fully equipped with experienced personal injury attorneys determined to help victims navigate the sometimes murky waters of law surrounding Wrongful Death.

Wrongful Death refers to a situation where someone dies due because of negligence or misconduct from another party. In such situations, it’s important that surviving family members understand their rights and what they can do legally. While monetary compensation doesn’t replace the loss experienced, it does bring some form of financial reprieve against hardships which may be brought upon by such loss.

There are several elements necessary when determining whether you have a viable wrongful death lawsuit. These include:

• Proof of death: The evidence here is usually undisputed as it often involves official documents like death certificates.

• Negligence: You must demonstrate that the individual or entity being sued was either wholly or partly responsible for the accident leading to the death.

• Surviving dependents or beneficiaries: An immediate family member needs to show direct impact due to the decedent’s demise (financially/emotionally).

In many instances, negligent parties could include car drivers in fatal accidents, employers whose working conditions were unsafe leading to fatalities or manufacturers making faulty equipment resulting in deadly mishaps; its spectrum is quite vast. Each element requires substantial proof, something our dedicated team at Carlson Bier helps guide victims through seamlessly.

The legal pursuit process relating to wrongful deaths can sometimes seem corresponding lengthy and gruelling but rest assured knowing that with every step taken there resides an opportunity for closure and respite from impending bills and fees associated with said passing. Compensation retrieved typically covers medical costs incurred before the victim’s untimely death if applicable, funeral expenses as well as damages related directly towards their pain and suffering before death. Moreover, when dependents or beneficiaries are involved, further compensation may be sought to cover loss of financial support and companionship.

At Carlson Bier, we want to reassure you that despite the emotional rollercoaster ride these situations often create, we’re with you every step of the way. Our team is well versed in Illinois state laws as it pertains to wrongful deaths and placing your case in our hands means getting experienced representation committed solely to fighting for justice and ensuring your peace of mind during this difficult period.

Thousands have trusted us with their cases due to our track record of success. Upfront consultation fees don’t exist here because we believe in taking on viable cases; those we know stand a good chance at yielding positive outcomes. We only get paid after successfully winning your case – indeed a testament to ensure absolute dedication in walking you through every aspect pertaining Wrongful Death law and providing comprehensive legal counsel.

You might now find yourself wondering about how much your case could potentially be worth if pursued under Wrongful Deaths statutes? The answer lies just below where a click on the “Find Out What My Case Is Worth” button will provide answers suiting your individual situation. Trust Carlson Bier associates today for effective representation bringing true value towards navigating personal injury lawsuits such as wrongful deaths by leveraging expert understanding of relevant Illinois Laws surrounding them.

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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 Lincoln

Areas of Practice in Lincoln

Bicycle Collisions

Focused on legal support for people injured in bicycle accidents due to negligent parties' carelessness or risky conditions.

Flame Traumas

Giving adept legal assistance for people of serious burn injuries caused by occurrences or recklessness.

Healthcare Misconduct

Offering specialist legal advice for victims affected by healthcare malpractice, including negligent care.

Products Fault

Managing cases involving problematic products, providing specialist legal assistance to customers affected by product malfunctions.

Elder Abuse

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

Slip and Stumble Injuries

Skilled in managing tumble accident cases, providing legal services to clients seeking restitution for their damages.

Newborn Harms

Delivering legal aid for relatives affected by medical incompetence resulting in neonatal injuries.

Motor Incidents

Incidents: Focused on assisting victims of car accidents get fair remuneration for harms and destruction.

Motorcycle Mishaps

Focused on providing legal support for individuals involved in bike accidents, ensuring justice for damages.

Semi Accident

Delivering adept legal advice for persons involved in lorry accidents, focusing on securing rightful compensation for injuries.

Building Accidents

Dedicated to supporting workmen or bystanders injured in construction site accidents due to safety violations or misconduct.

Cerebral Harms

Specializing in extending compassionate legal advice for victims suffering from brain injuries due to accidents.

Dog Attack Harms

Specialized in managing cases for victims who have suffered harms from dog attacks or animal assaults.

Cross-walker Crashes

Specializing in legal assistance for cross-walkers involved in accidents, providing expert advice for recovering damages.

Unfair Loss

Advocating for relatives affected by a wrongful death, providing sensitive and expert legal guidance to ensure justice.

Spinal Cord Impairment

Specializing in representing individuals with spine impairments, offering expert legal services to secure justice.

Contact Us Today if you need a Person Injury Lawyer