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Wrongful Death Attorney in Mattoon

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About Carlson Bier Associates

The aftermath of a loved one’s wrongful death is a distressing period, marked by grief and confusion. During this challenging time, legal support from Carlson Bier can help guide you forward. As distinguished personal injury lawyers in Illinois, their unrivaled expertise in wrongful death cases ideally positions them to advocate for your rights with utmost diligence and compassion. What sets Carlson Bier apart is their personalized approach; they treat every case uniquely, navigating the complexities of each situation with an undeterred focus on justice. Their committed team understands the importance of recompense for emotional suffering and financial hardship inflicted by such tragic loss – because no family should bear unnecessary burden due to someone else’s negligence or reckless behavior. Moreover, client satisfaction consistently remains at the heart of what they do – always aiming to exceed expectations through unceasing commitment and dedication towards your cause. Choosing Carlson Bier avails you high-quality representation backed by years of successful experience thus offering peace amidst turmoil in Mattoon community area.

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About Carlson Bier

Wrongful Death Lawyers in Mattoon Illinois

At Carlson Bier, we understand just how devastating the accidental loss of a loved one can be. When that tragic event is caused by someone else’s negligence or wrongful action, it’s known as Wrongful Death – and it’s an area in which we’re thoroughly experienced. As highly dedicated Personal Injury Attorneys serving the state of Illinois, we are deeply committed to assisting you during these incredibly challenging times.

Wrongful Death claims can stem from all sorts of scenarios such as car accidents, elder abuse in nursing homes, product liability, medical malpractice and workplace incidents among others. Essentially any situation where your loved one’s death was due to another party’s fault opens up potential for legal recourse through a Wrongful Death claim.

But – what exactly constitutes a case for Wrongful Death?

• One key element is proving beyond reasonable doubt that another party’s negligence directly led to the deceased person’s demise.

• Another important factor relates to demonstrating financial harm suffered due to the loss of the victim like lost wages, funeral costs and medical bills prior to their passing.

Knowledgeable about each intricate detail applicable under Illinois law on Wrongful Death cases & backed by years of successful representations; our legal team endeavors tirelessly on your behalf.

Timing is crucial in filing a wrongful death lawsuit too. In Illinois law, generally speaking there is a two year window from the date when death occurred – but exceptions do apply per individual circumstances. Therefore immediate consultation with knowledgeable attorneys can make substantial differences in attaining justice for your departed loved one.

Calculating rightful damages in wrongful death lawsuits involves several aspects:

• Economic damages quantify specific cost related effects like lost income capacity, legal paperwork fees etc.

• Non-economic damages cover immeasurable losses such as pain and suffering before death or loss of companionship/support thereby adding humane context into monetary compensations.

Our seasoned lawyers at Carlson Bier strike a persuasive balance between both kinds while advocating for our clients.

Often, Wrongful Death cases involve significant complexity, both legally and emotionally. At Carlson Bier we strive to understand your predicament intimately to offer compassionate legal representation every step of the way.

A wrongful death lawsuit could help relieve some financial burdens caused by an unfortunate event; but more importantly, it gives voice to the deceased person’s rights, which continue even after they are gone. Our committed attorneys diligently pore over each detail of a case so that justice is duly served for your loved one as well as you – left behind in mourning them.

Whether requiring guidance on understanding exactly what this process entails or needing skilled advocacy when launching a Wrongful Death claim; trust us at Carlson Bier to handle your case with utmost commitment.

Our resources, skills and experience would be tirelessly dedicated towards aiding you navigate these trying times while ensuring no stone remains unturned in seeking justice for your departed loved one.

Individual circumstances greatly affect evaluating any wrongful death claim’s worth. Therefore our diligent team has developed a free-of-cost tool available from our website offering tailored estimations – specifically based on key details relevant to Illinois state law regarding Wrongful Death claims. All set towards helping individuals like yourself understand probable monetary compensations tied-up with their cases – something which could often feel overwhelmingly confusing given associated complexities coupled with emotional backdrops of loss and grief!

Why not take advantage of this free service now? Click on the button below & gain insights guiding potential course actions for pursuing compensation due under a Wrongful Death scenario. We assure complete confidentiality & absolutely no obligation towards proceeding further if opting to utilize this facility simply out of curiosity or informational reasons! Start today – learn how much your case might be actually worth under proper expert analysis from seasoned litigators at the renowned Carlson Bier Personal Injury Attorney Group!

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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 Mattoon

Areas of Practice in Mattoon

Two-Wheeler Collisions

Proficient in legal support for victims injured in bicycle accidents due to responsible parties' indifference or risky conditions.

Burn Wounds

Providing professional legal assistance for victims of grave burn injuries caused by accidents or carelessness.

Medical Carelessness

Offering dedicated legal advice for patients affected by healthcare malpractice, including misdiagnosis.

Goods Liability

Addressing cases involving defective products, offering adept legal assistance to individuals affected by product-related injuries.

Senior Neglect

Supporting the rights of aged individuals who have been subjected to misconduct in aged care environments, ensuring protection.

Fall and Fall Accidents

Adept in handling stumble accident cases, providing legal support to victims seeking compensation for their suffering.

Birth Harms

Offering legal support for loved ones affected by medical malpractice resulting in neonatal injuries.

Auto Collisions

Collisions: Devoted to assisting patients of car accidents obtain appropriate settlement for damages and harm.

Motorcycle Mishaps

Expert in providing legal assistance for riders involved in motorbike accidents, ensuring fair compensation for injuries.

18-Wheeler Accident

Providing specialist legal assistance for persons involved in trucking accidents, focusing on securing adequate compensation for injuries.

Building Crashes

Engaged in defending employees or bystanders injured in construction site accidents due to oversights or recklessness.

Cerebral Harms

Expert in offering dedicated legal assistance for patients suffering from neurological injuries due to carelessness.

Dog Attack Traumas

Specialized in dealing with cases for people who have suffered harms from K9 assaults or wildlife encounters.

Foot-traveler Mishaps

Focused on legal assistance for joggers involved in accidents, providing expert advice for recovering damages.

Wrongful Demise

Advocating for loved ones affected by a wrongful death, providing understanding and professional legal support to ensure fairness.

Backbone Impairment

Specializing in defending patients with spine impairments, offering professional legal guidance 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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