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Wrongful Death Attorney in Marion

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About Carlson Bier Associates

Coping with the loss of a loved one is undoubtedly devastating, but when circumstances point to wrongful death, it’s critical to engage an adept law firm. Representing clients in Marion and offering exceptional legal guidance on wrongful death cases is Carlson Bier. Our dedicated team delivers personalized attention presenting various options at your disposal: decoding complex legal jargon or standing against insurance companies – you will find incomparable reassurance by your side. We realize every case holds unique particulars needing uniquely styled approach; Carlson Bier possesses unrivaled expertise tailored to suit these specifics while preserving confidentiality levels that surpass expectations. Besides fighting for rightful compensation, we advocate aggressively for justice honoring the legacy of those wrongfully gone too soon – emphasizing our diligent commitment towards the grief-stricken families throughout this distressing journey demands respect rather than expressing empty words. In moments when despair clouds judgment leaving you feeling lost and helpless – lean onto a responsive ally like Carlson Bier who pools decades-long personal injury law prowess with unwavering dedication benefitting Marion’s gracious folks through their hardest times.

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About Carlson Bier

Wrongful Death Lawyers in Marion Illinois

As a leading law firm specializing in personal injury cases, Carlson Bier understands the pain, grief, and confusion many families experience after losing a loved one due to wrongful death. Based in Illinois, we are knowledgeable Personal Injury Attorneys committed to helping our clients navigate the complexities of wrongful death legalities. To better equip you with relevant information, we have compiled an outline that details aspects of Wrongful Death that are vital for anyone finding themselves in these unfortunate circumstances.

Wrongful death arises when an individual loses their life as a result of another party’s negligence or intentional harm. Often it’s tied to cases involving motor vehicle accidents, medical malpractice, workplace incidents and defective products. In all these instances, the surviving family members may be entitled to compensation for their emotional suffering and financial loss caused by this tragic event.

Eligibility for filing a wrongful death suit varies based on relations to the deceased victim. Primarily:

– Spouses can sue for loss of companionship

– Children can claim compensation for parental guidance loss

– Parents of minor children may recover monetary damages

The awarded settlements encompass not only anguish but also;

– End-of-life expenses such as burial costs

– Loss of future earnings

– Medical bills related to victim’s last illness

A key aspect is establishing fault in a wrongful death case – identifying negligence or intent that led directly to the individual’s demise. As Carlson Bier attorneys understand such processes with profound depth, rest assured knowing we’ll leave no stone unturned seeking justice and reparation your family deserves.

Moving forward takes time; having experienced lawyers from Carlson Bier guiding you through this process eases some weight off your shoulders because we will handle everything legally related so you may focus on healing. It is crucial you consult immediately with an attorney since there are strict deadlines under which damage claims must be filed (the ”statute of limitations”). Otherwise, it might result in potential right-to-recovery loss.

In Illinois, the law surrounding wrongful death cases operates under a “modified comparative negligence” rule. This means that if your loved one was partially at fault for their accident, it could affect the amount of compensation you receive. At Carlson Bier, we provide detailed insight into how this rule may impact your case and work relentlessly to guarantee maximum possible compensation.

Count on Carlson Bier’s legal expertise as we strive without reservation to achieve the outcome you deserve. We comprehend that no amount of financial restitution can make up for the loss of a cherished family member. However, monetary relief does lighten some burden resulting from such heart-wrenching incidents – and this is what motivates us daily in our pursuit of justice for every client.

With wrongful death laws being intricate and depending largely on specific case details, it is vital having professional legal help when looking to pursue claims – precisely what Carlson Bier offers throughout Illinois. Our dedication is evident by the passion with which each case is addressed – prioritizing understanding clientele needs while providing tailored approaches ensuing optimal results.

Carlson Bier hopes you never go through such an experience alone; turn towards professionals who understand jurisprudential complexities yet remain empathetic towards human pain element involved within these situations. It’s here where all theory turns into real-life empathy infused action geared only towards achieving outcomes aligning with our clients’ best interests.

The first step toward claiming rightful compensation begins with understanding potential worthiness of your case—an aspect Carlson Bier facilitates conveniently at disposal away via a single click below. Click now to find out just how much your wrongful death claim might be worth; let’s bring justice where due together! Remember: Your journey towards peace starts right here – with absolute assurance that your rights will not only be heard but also vigorously defended as we steadfastly stand beside you in combating personal injury woes diligently until desired closure ensues!

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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 Marion

Areas of Practice in Marion

Cycling Mishaps

Dedicated to legal advocacy for individuals injured in bicycle accidents due to others' indifference or hazardous conditions.

Thermal Wounds

Supplying adept legal help for individuals of severe burn injuries caused by accidents or misconduct.

Clinical Misconduct

Extending professional legal representation for clients affected by clinical malpractice, including medication mistakes.

Merchandise Obligation

Addressing cases involving dangerous products, offering specialist legal assistance to consumers affected by faulty goods.

Aged Neglect

Defending the rights of the elderly who have been subjected to mistreatment in elderly care environments, ensuring compensation.

Stumble and Slip Incidents

Specialist in handling trip accident cases, providing legal support to sufferers seeking compensation for their suffering.

Infant Traumas

Delivering legal support for loved ones affected by medical carelessness resulting in birth injuries.

Auto Mishaps

Collisions: Committed to assisting individuals of car accidents get just compensation for wounds and impairment.

Motorcycle Accidents

Committed to providing representation for motorcyclists involved in motorbike accidents, ensuring fair compensation for traumas.

Trucking Incident

Delivering professional legal support for clients involved in lorry accidents, focusing on securing adequate recovery for hurts.

Worksite Crashes

Concentrated on assisting workers or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Brain Injuries

Dedicated to providing dedicated legal support for patients suffering from neurological injuries due to misconduct.

Dog Bite Wounds

Specialized in managing cases for clients who have suffered harms from canine attacks or animal assaults.

Pedestrian Collisions

Specializing in legal assistance for joggers involved in accidents, providing comprehensive support for recovering damages.

Undeserved Loss

Advocating for bereaved affected by a wrongful death, supplying compassionate and professional legal support to ensure compensation.

Backbone Impairment

Specializing in assisting individuals with spinal cord injuries, offering specialized legal guidance 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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