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Wrongful Death Attorney in Mason City

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About Carlson Bier Associates

When life-changing disasters strike due to another’s negligence, the law firm Carlson Bier stands as a staunch advocate for justice and fairness in Mason City. Specializing in Wrongful Death cases, our skilled attorneys are committed to turning despair into hope by vigorously securing your rightful compensation. The expertise of Carlson Bier Lawyers is underpinned by years of successful legal practice rooted in high ethical standards and an unwavering commitment to our clients’ best interests. Our team collaborates tirelessly, drawing on deep knowledge and extensive experience specific to wrongful death suits. This results in meticulously forged strategies geared toward achieving the most favorable outcomes possible for you during these difficult times. When selecting a representative against injustice caused through untimely death, choosing Carlson Bier not only brings you accomplished legal minds but also compassionate people dedicated to guiding families through painful transitions with empathy and respect. Entrusting your case with us signifies more than seeking legal reparation; it means initiating steps towards healing after untold loss.

About Carlson Bier

Wrongful Death Lawyers in Mason City Illinois

At Carlson Bier, we understand that the loss of a loved one due to the negligence or misconduct of another is a deeply painful and confusing time. Our team of dedicated and seasoned personal injury attorneys stands with families in Illinois during their time of need, providing them with professional legal representation in cases involving wrongful death.

Wrongful death claims are complex and require thorough legal knowledge to be successfully maneuvered. The legal process surrounding these unfortunate incidents comprises various nuances tailored to protect both the deceased’s rights and those left behind. For instance, under Illinois law, immediate family members such as spouses, parents or children can file a wrongful claim on behalf of the deceased.

There are key elements that shape every wrongful death case:

• Negligence – The surviving members must prove that the defendant ́s reckless or negligent behavior caused the loss.

• Breach Of Duty – It should be established that the accused owed a duty to ensure the safety of your loved ones but failed.

• Causation – It is essential for you to demonstrate conclusively that this breach directly resulted in your loved one’s untimely demise.

• Damages – There must be quantifiable damages such as hospitalization expenses, funeral costs, loss of potential future income amongst other considerations.

At Carlson Bier, our ultimate goal is not only shedding light on these crucial legal aspects but also helping you fight against any form of injustice sustained at such an arduous moment.

Our lawyers possess comprehensive expertise spanning across years handling different wrongful death lawsuits including auto accident deaths, medical malpractice fatalities , occupational exposure accidents just to name few . We delve deep into each case we represent regardless its complexity; meticulously examining every detail and rigorously preparing for trial if necessary. This exhaustive approach puts us in a strong position when it comes at negotiating asserts settlements arguing litigations courtrooms across Illinois.

Beyond casework, empathy forms an integral part of our professional ethics. We understand that these cases carry heavy emotional baggage and that filing a wrongful death lawsuit can be emotionally draining. Our firm is here to offer not just expert legal advice, but also the comfort and assurance you need during this difficult time.

Finally, we believe that wrongful death claims should be comprehended by everyone involved in the process. Therefore we strive to break down complex legal jargon into simple, easy-to-understand terms so you exactly know where your case stands at each phase

With our versatile understanding of Illinois wrongful death laws and unwavering dedication towards pursuing justice for all our clients, you can trust Carlson Bier with your claim.

Allow us to ease your burden during this extremely distressing period. We invite you to click on the button below as a first step toward finding how much your case may be worth. Carlson Bier makes it easier because every client matters – ensuring peace of mind happens right here!

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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 Mason City

Areas of Practice in Mason City

Pedal Cycle Collisions

Proficient in legal support for persons injured in bicycle accidents due to responsible parties' lack of care or unsafe conditions.

Burn Wounds

Extending adept legal assistance for people of serious burn injuries caused by occurrences or carelessness.

Hospital Incompetence

Delivering experienced legal representation for clients affected by medical malpractice, including misdiagnosis.

Merchandise Accountability

Dealing with cases involving unsafe products, extending specialist legal guidance to customers affected by product-related injuries.

Aged Neglect

Protecting the rights of nursing home residents who have been subjected to malpractice in aged care environments, ensuring restitution.

Slip and Stumble Mishaps

Professional in dealing with trip accident cases, providing legal advice to clients seeking justice for their damages.

Birth Injuries

Delivering legal guidance for families affected by medical malpractice resulting in childbirth injuries.

Car Incidents

Collisions: Focused on supporting patients of car accidents get appropriate settlement for damages and harm.

Bike Mishaps

Specializing in providing legal assistance for bikers involved in scooter accidents, ensuring fair compensation for losses.

18-Wheeler Collision

Extending specialist legal services for victims involved in trucking accidents, focusing on securing just compensation for damages.

Construction Site Accidents

Concentrated on supporting laborers or bystanders injured in construction site accidents due to negligence or irresponsibility.

Cerebral Impairments

Dedicated to delivering dedicated legal advice for patients suffering from cognitive injuries due to incidents.

Dog Attack Harms

Adept at managing cases for individuals who have suffered damages from dog attacks or animal assaults.

Jogger Incidents

Committed to legal assistance for walkers involved in accidents, providing comprehensive support for recovering damages.

Unjust Loss

Standing up for bereaved affected by a wrongful death, delivering sensitive and adept legal guidance to ensure justice.

Spinal Cord Damage

Expert in assisting individuals with paralysis, offering expert legal guidance to secure justice.

Contact Us Today if you need a Person Injury Lawyer