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Wrongful Death Attorney in Litchfield

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About Carlson Bier Associates

When faced with the unthinkable loss of a loved one due to wrongful death, you require justice and compensation on your behalf. Carlson Bier, an esteemed law firm specializing in wrongful death claims, expertly upholds these needs. With unwavering dedication to our clients’ rights, we utilize profound legal knowledge and relentless advocacy towards maximizing desired outcomes. In Litchfield momentum is building for the highly respected Carlson Bier; it’s about presence through excellence not geography. Our reputation for successful resolutions spreads far beyond our physical locale as we prioritize each case irrespective of its origin or destination. Acclaimed for thorough case evaluations, strategic planning and effective litigation skills; dealing with insurance companies or bringing responsible parties to account becomes less overwhelming under our stewardship. Handing over this sensitive matter to us means granting yourself relief amidst distress knowing that credibility is vital as much as empathy in every step until resolution arrives – because at Carlson Bier, compassion never precludes winsome competence.

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About Carlson Bier

Wrongful Death Lawyers in Litchfield Illinois

At Carlson Bier, we are not just attorneys; we’re advocates for individuals who have suffered the immense loss of a loved one as a result of someone else’s negligence or intentional conduct. As passionate and experienced personal injury lawyers based in Illinois, our mission is to simplify wrongful death cases so that anyone can understand while providing invaluable guidance throughout the legal process.

Wrongful death is rooted fundamentally in legal theory tied to damages. This term refers to compensation sought by plaintiffs (those bringing forth lawsuits) for losses experienced due to another party’s harmful actions. A wrongful death lawsuit serves two main purposes; determining liability for the loss and assessing an appropriate amount of damages owed to surviving loved ones.

Understanding wrongful death is about comprehending specific aspects surrounding such hopeless situations. Thus, here are some vital facets worth noting:

• Wrongful Death Statutes: States adopt distinct laws governing wrongful deaths, detailing what constitutes a wrongful death claim and who qualifies as beneficiaries under this act.

• Damages: Potential compensations include medical expenses accumulated prior to demise, funeral costs, lost inheritance prospective earnings, rendered services like childcare, comfort companionship among others.

• Liability: The defendant could be held liable if proven that their deliberate or negligent action directly resulted in the fatality.

While no amount of financial recompense can compensate for your devastating loss entirely, our dedicated team at Carlson Bier ensures that justice prevails by advocating tirelessly on your behalf during this challenging time. Our role stands firm with condolence paralleled with expertise in uncovering valuable evidence necessary to prove culpability beyond reasonable doubt alongside calculating damages owed relatively accurately. We adamantly believe survivors ought not bear financial stress following such tragic occurrences but focus on healing.

Although each case details differ greatly according to individual circumstances surrounding every fatality incident hence no universal approach exists when dealing with matters unlawful demise thus uniqueness reigning supreme within each instance dealt ultimately impacts potential settlement value tremendously ranging incredibly from modest figures horribly to extraordinarily high sums. The complexity involved mandates seeking professional legal assistance.

Navigating such a complex lawsuit during an emotionally charged period can be overwhelming, but with Carlson Bier you’re not alone in this journey. We advise on each arising issue from initial consultations through every legal stage until negotiation or trial conclusion, ensuring survivors interpret the litigation labyrinth complexities rightly while offering emotional support throughout.

Our hands-on approach goes beyond understanding concepts; we aim at assisting clients adhere strictly to necessary procedural requirements vital for claim validity as per Illinois statutes surrounding wrongful death cases:

• Reporting: Any wrongful death must be reported immediately to authorities who then conduct thorough investigations providing detailed reports useful during lawsuits.

• Filing Timing: A two-year limitation exists for filing after the fatality except if it’s caused by violent intentional conduct extending respectively to five years.

We comprehend how impactful the financial aspect of any personal injury case can be and hence don’t charge fees upfront but request modest percentages only after successful settlements verdicts favoring our illustrious clientele.

At Carlson Bier, we believe wronged personas are entitled to just compensation that reflects their sustained losses accurately ultimately helping them rebuild and foster healing. Proceed below click the ‘How Much Is My Case Worth’ button today for comprehensive analysis details about your unique situation instigated by our proficient analytical experts personally dedicated towards achieving fair lawful accounting hence leading relief way easing burdens significantly reduced relieving daunting weight normally accompanying individuals blindly navigating complicated problematic situations independently without guided counselling expert services like ours already positively impacting hundreds within society over years operating professionally giving us pride honor road walked thus far partnering together brilliant seasons greetings stakeholders same warmest hospitality always cherished vigoured encouragement inviting join widespread grateful family already life positively changed better forever, welcome home!

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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 Litchfield

Areas of Practice in Litchfield

Pedal Cycle Collisions

Dedicated to legal advocacy for people injured in bicycle accidents due to others's indifference or unsafe conditions.

Flame Traumas

Offering skilled legal support for individuals of grave burn injuries caused by mishaps or indifference.

Hospital Misconduct

Offering experienced legal services for patients affected by clinical malpractice, including surgical errors.

Merchandise Responsibility

Taking on cases involving faulty products, providing specialist legal help to customers affected by product-related injuries.

Senior Malpractice

Supporting the rights of elders who have been subjected to neglect in senior centers environments, ensuring justice.

Slip and Slip Occurrences

Expert in addressing stumble accident cases, providing legal services to clients seeking recovery for their losses.

Newborn Injuries

Providing legal aid for relatives affected by medical negligence resulting in neonatal injuries.

Vehicle Accidents

Incidents: Devoted to guiding clients of car accidents receive fair recompense for damages and losses.

Motorbike Accidents

Focused on providing representation for bikers involved in two-wheeler accidents, ensuring justice for losses.

Big Rig Incident

Ensuring adept legal assistance for victims involved in trucking accidents, focusing on securing fair compensation for injuries.

Worksite Crashes

Focused on defending workmen or bystanders injured in construction site accidents due to carelessness or misconduct.

Cerebral Damages

Specializing in offering dedicated legal support for victims suffering from cerebral injuries due to incidents.

K9 Assault Damages

Adept at addressing cases for individuals who have suffered wounds from canine attacks or animal assaults.

Cross-walker Accidents

Focused on legal assistance for pedestrians involved in accidents, providing professional services for recovering restitution.

Wrongful Passing

Fighting for bereaved affected by a wrongful death, supplying sensitive and professional legal representation to ensure restitution.

Backbone Trauma

Specializing in supporting patients with spinal cord injuries, offering professional legal services 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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