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Wrongful Death Attorney in Marengo

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About Carlson Bier Associates

If you’re seeking superior representation in a wrongful death case within Marengo, trust the accomplished services of Carlson Bier. Their extensive familiarity with Illinois law and dedication to justice make them an excellent choice for your legal needs. With their impressive track record of securing suitable compensation for clients who’ve tragically lost loved ones due to carelessness or negligence, they stand apart from others in the field. The team at Carlson Bier tirelessly pursues every detail – building robust cases that hold responsible parties accountable. They understand how devastating wrongful death is and are committed to delivering compassionate support throughout these difficult proceedings – endeavoring always to lessen this burden on grieving families. They believe that everyone deserves professional, comprehensive legal counsel after such unimaginable loss; hence they strive relentlessly for favorable verdicts and settlements. Despite not physically being located within Marengo borders, they maintain a profound commitment toward its residents requiring lawful assistance concerning wrongful deaths matters offering conscientious advocacy rooted in years of experience and practice across Illinois. Choose Carlson Bier as your stalwart champion combating injustice and working towards your rightful recompense.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Marengo Illinois

Our esteemed law firm, Carlson Bier, specializes in the area of personal injury to protect the rights and interests of those profoundly impacted by such traumas. With our legal expertise concentrated in Illinois, we strive to deliver a substantial line of defense for individuals who have unjustly suffered due to the negligence or reckless actions of another.

Wrongful Death is an integral subsection within this sphere where we determine cases concerning the undue passing away of an individual as a result of deliberate harm or gross neglect on part of someone else. It’s essential to understand that Wrongful Death claims are fundamentally civil lawsuits separate from criminal proceedings; thereby, they carry different burdens and standards proof. As well, they bring about separate consequences and damages.

One significant factor exhibits that Wrongful Death suits can be instigated even if there were no criminal charges raised against the supposed liable party. The reason behind this clause entails that wrongful death necessitates demonstrating fault ‘beyond a preponderance’ rather than ‘beyond reasonable doubt.’ Thus, lower level proof suffices compared to what would typically constitute evidence in a standard court trial for crime.

• A critical element under Wrongful Death claims often includes determining ’losses,’ both economic and noneconomic incurred by surviving family members.

• Economic losses comprise immediate and future financial contributions lost due to the untimely demise.

• Noneconomic losses pertain more towards emotional suffering endured by survivors like loss of companionship or consortium.

This path becomes complex when interpreting laws guiding compensation for grief and sorrow because each state has varying statutes governing these areas uniquely.

Helping you gain comprehension surrounding these complexities is precisely where Carlson Bier steps in with dedicated commitment coupled with unmatched proficiency in advocacy skills. We present essential insight into various intricacies that formulate aspects relating to culpability determination processes, feasible compensatory sum calculations, procedural formalities during litigations along with strategic advisory aimed at securing best interest outcomes.

While confronting such disheartening situations seems daunting, the advantage lies within reaching out to adept professionals like us who can guide you adeptly through legal intricacies. Close familiarity with Wrongful Death law nuances helps secure maximum achievable benefits which shall not only provide a sense of justice but also cement financial stability in an otherwise overwhelming period.

The underlying objective under Wrongful Death actions does more than just providing reparations; they serve as potent tools aimed at deterring reckless or discordant behavior from individuals. This aspect proves particularly crucial when realizing that your action doesn’t just procure rightful compensation but contributes to a larger social cause promoting responsible conduct within public spheres.

Our committed involvement goes beyond simply offering representation during trial phases. Our consultation process explores unique factors influencing potential case merits while crafting tailored strategies focused on integral influence points that boost claim strengths robustly.

Moreover, Carlson Bier spearheads community-awareness efforts throughout Illinois concerning the potential enormity of negligent actions and how they dramatically jeopardize life quality so needlessly – leaning heavily towards provisions incentivizing public liability ownership and cultivating a proactive culture underlining prevention over solution.

We firmly encourage anyone navigating this challenging legal path – whether seeking guidance understanding particular aspects related to Wrongful Death cases or contemplating swift action against wrongful party – Carlson Bier stands ready extending support every step along the way.

Survivors deserve fair redress for unfortunate circumstances thrust upon them due to others’ heedless conduct. Claim your rightful compensation aided by structured advice, expert strategy formulation coupled with fortified backup led by our team marked strongly by compassion and competent determination.

Connect with us today by clicking the button below and allow our experienced personal injury attorneys at Carlson Bier assist you in discerning true worth behind your case before setting forth on this pivotal journey towards justice realization. Discover levels of advocacy uniquely distinctive where personal interest merges flawlessly among principle-driven pursuit towards upholding clients’ rights with unyielding fervor amidst devoted duty awareness unmatched in depth and reach.

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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 Marengo

Areas of Practice in Marengo

Cycling Collisions

Focused on legal assistance for clients injured in bicycle accidents due to responsible parties' negligence or risky conditions.

Flame Burns

Giving specialist legal advice for victims of grave burn injuries caused by events or carelessness.

Physician Misconduct

Providing dedicated legal representation for persons affected by healthcare malpractice, including medication mistakes.

Commodities Accountability

Dealing with cases involving dangerous products, delivering skilled legal guidance to consumers affected by product malfunctions.

Senior Malpractice

Representing the rights of seniors who have been subjected to mistreatment in nursing homes environments, ensuring restitution.

Tumble & Tumble Mishaps

Professional in dealing with stumble accident cases, providing legal assistance to individuals seeking recovery for their harm.

Birth Harms

Delivering legal support for households affected by medical carelessness resulting in infant injuries.

Motor Mishaps

Mishaps: Dedicated to aiding patients of car accidents obtain equitable remuneration for wounds and impairment.

Motorcycle Accidents

Expert in providing legal support for bikers involved in motorcycle accidents, ensuring just recovery for harm.

18-Wheeler Collision

Ensuring experienced legal representation for individuals involved in truck accidents, focusing on securing rightful compensation for harms.

Building Site Crashes

Committed to advocating for employees or bystanders injured in construction site accidents due to oversights or recklessness.

Neurological Traumas

Expert in providing compassionate legal advice for clients suffering from neurological injuries due to carelessness.

K9 Assault Traumas

Proficient in addressing cases for individuals who have suffered traumas from canine attacks or beast attacks.

Pedestrian Mishaps

Specializing in legal representation for joggers involved in accidents, providing effective representation for recovering restitution.

Wrongful Fatality

Fighting for bereaved affected by a wrongful death, offering sensitive and adept legal support to ensure redress.

Backbone Harm

Specializing in assisting individuals with vertebral damage, offering professional legal assistance to secure justice.

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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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