Wrongful Death Attorney in Macomb

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When confronted with the harrowing experience of a wrongful death, one craves legal expertise that matches up to their needs — understanding, reliability and a proven track record. Enter Carlson Bier; these accomplished attorneys stand out among others in Illinois with significant proficiency handling wrongful death cases. Trust them to astutely navigate the complexities of your case while expressing empathy for the immeasurable loss experienced by you and your family. It is this blend of skillful precision and compassionate service that makes Carlson Bier second to none when there’s need for a responsive advocate against negligence or misconduct leading to unfortunate fatalities. Following through relentlessly on each case they handle, they’re committed not just towards aptly pursuing justice but also providing closure for those left behind in such distressing situations. In essence, choosing Carlson Bier following tragic circumstances means entrusting sensitive personal matters into hands regarded as steadfast champions within the field of Wrongful Death law across Illinois.

About Carlson Bier

Wrongful Death Lawyers in Macomb Illinois

At Carlson Bier, we specialize in personal injury law with a dedicated focus on wrongful death litigation throughout Illinois. We understand that facing the painful circumstances around the loss of a loved one can be daunting, emotional and overwhelming. As compassionate legal counselors, we leverage our knowledge to ensure that our clients are well-informed and supported during this difficult time

A wrongful death lawsuit is founded on the premise that a person’s demise is directly caused by another individual’s negligence or intentional act. The fundamental characteristics of these cases involve highly intricate yet decisive factors such as causation, damages and liability.

• Causation: A direct causal relationship has to be established between the suspect’s action (or failure to act) and your loved ones’ passing.

• Liability: In establishing liability for wrongful death claims, certain parties may be considered liable according to their involvement in causing harm.

• Damages: This crucial aspect involves quantifying the losses realized from an untimely death. It spans ranging from economic such as medical expenses and lost future earnings to non-economic damages like pain and suffering.

Principally, surviving family members eligible under Illinois law – essentially spouses or immediate kin – have the legal right to file a suit for wrongful deaths. Nonetheless, it’s advisable to consult professional legal counsel due to potential variations in some scenarios.

Speaking of timeframes, under Illinois legislation all prospective claimants must adhere strictly to Statute of Limitations. Generally speaking, in most cases wrongfull death claims must be prosecuted within 2 years after occurrence of the fatal incident leading however there are exceptions depending on case specifics including minors or discovery rule applications among others; hence emphasizing need for astute legal advice early enough not only ensures deadline adherence but also maximizes chances successful resolution through detailed preparation comprehensive evidence collection.

At Carlson Bier we’re devoted providing remarkable services every step way offering consistency and personalized attention since initiating consultation till end trial process should decide pursue such pathway. Indeed we believe aptitude to navigate these cases hinges significantly upon skill knowledge elevated above mere acquaintance law but also infusing true compassion considering scale trauma associated epitomize unique blend technical proficiency human understanding – a mixture that has led sustained record outstanding results wrongful death suits.

Our team seasoned professionals carry intensive investigations liaise experts review necessary documents conduct witness interviews more scope is trace error actions or omission establish liability quantify worth compensation deserved all while maintaining utmost respect for privacy delicate emotions that unsurprisingly engulf this period.

We ardently uphold every client’s right to pursue justice and aim tirelessly towards ensuring that those accountable are held responsible, the lost loved ones’ memory duly honored, and the incurred damages impartially compensated as required by Illinois exemplary laws on Wrongful Death Act and Survival Act. Additionally, Carlson Bier operates on a contingency fee basis implying, you don’t pay until recovery happens – only then will our professional fees arise. It’s essentially your warranted access to high-quality legal representation regardless of financial standing.

While we lucidly appreciate no amount money can fill void extinguish grief left behind by untimely demise in hands negligent party fundamental sense justice fairness alongside desire preventing an incident re-occurrence often propels many one’s unknown territory litigation with diverse hurdles overarching complexities crucial periods emotional vulnerabilities. Yet through it adversity emerges path healing consolation eventually perceiving closure light accountability and earned justice leverages what initially seems too unbearable bear.

True power hope lies within its undeniable capacity influence remarkable outcomes midst seemingly abysmal circumstances – precisely motivation is embedded heart every case handle at Carlson Bier where fight side guiding navigating weathering storm together until eventual arrival justice served no matter arduous journey perhaps may be.

Explore world potential possibility championed by unrivaled dedication paired honed expertise let us guide toward promising horizon brighter tomorrow forged trailblazing commitment pursuit justice uphold due recognition dignity life tragically cut short avoidable circumstances switch gear today from passive victimhood assertive pursuit justice.

Click on the button below and find out how much your case might be worth – let Carlson Bier, Illinois’ diligent personal injury attorneys stand up for you in your fight for justice. Let’s construct this voyage towards closure, relief and well-deserved comfort together, one resolute step at a time.

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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 Macomb

Areas of Practice in Macomb

Pedal Cycle Collisions

Focused on legal support for clients injured in bicycle accidents due to others's lack of care or dangerous conditions.

Thermal Injuries

Supplying professional legal assistance for sufferers of intense burn injuries caused by incidents or recklessness.

Physician Incompetence

Offering expert legal support for persons affected by clinical malpractice, including medication mistakes.

Goods Responsibility

Addressing cases involving unsafe products, providing skilled legal support to customers affected by faulty goods.

Elder Neglect

Supporting the rights of elders who have been subjected to malpractice in care facilities environments, ensuring protection.

Trip and Tumble Incidents

Expert in tackling slip and fall accident cases, providing legal representation to clients seeking recovery for their damages.

Birth Wounds

Extending legal aid for households affected by medical carelessness resulting in birth injuries.

Car Mishaps

Crashes: Concentrated on guiding sufferers of car accidents obtain equitable settlement for damages and damages.

Scooter Accidents

Dedicated to providing legal advice for victims involved in bike accidents, ensuring justice for harm.

18-Wheeler Accident

Providing specialist legal assistance for persons involved in trucking accidents, focusing on securing fair claims for harms.

Worksite Collisions

Focused on supporting staff or bystanders injured in construction site accidents due to safety violations or misconduct.

Cognitive Traumas

Committed to offering compassionate legal advice for clients suffering from cognitive injuries due to incidents.

K9 Assault Wounds

Proficient in managing cases for persons who have suffered harms from K9 assaults or beast attacks.

Pedestrian Collisions

Specializing in legal services for foot-travelers involved in accidents, providing dedicated assistance for recovering restitution.

Unwarranted Death

Fighting for loved ones affected by a wrongful death, offering understanding and experienced legal representation to ensure justice.

Spine Harm

Focused on supporting clients with backbone trauma, offering dedicated legal services to secure redress.

Contact Us Today if you need a Person Injury Lawyer