Wrongful Death Attorney in Metropolis

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About Carlson Bier Associates

In the wake of a tragic wrongful death, securing experienced legal counsel is paramount to ensuring your rights are protected. Carlson Bier comes with decades of expertise in this challenging area of law, distinguishing ourselves as an esteemed choice for individuals seeking justice in Metropolis and beyond. Our team’s unwavering commitment to meticulously assessing every detail has resulted in numerous successful verdicts and settlements for our clients. The complexity surrounding each wrongful death case demands a comprehensive understanding; thus we take exceptional care when analyzing the circumstances leading up to these devastating events, probing deeper into details that others might overlook. At Carlson Bier, we believe that even amidst loss there’s hope—hope for recompense, closure & justice at large—and endeavor to make this belief a reality. Do not face this difficult time alone; lean on us as your champions against oppressive wrongdoers causing unjust deaths prematurely. Let’s pursue recognition for cherished lives lost too soon together—the very essence of our mission at Carlson Bier.

About Carlson Bier

Wrongful Death Lawyers in Metropolis Illinois

At Carlson Bier, our dedicated and experienced team of personal injury attorneys recognizes the devastating impact that a wrongful death can have on a family. Wrongful death cases are complex, often involving high emotional stakes. While no amount of financial compensation can ever replace a loved one, our Illinois-based legal experts strive to ensure your tragic circumstance is met with justice and fairness.

A wrongful death claim arises when someone dies due to the negligent, reckless or intentional act of another party. This could encompass various scenarios, ranging from car accidents caused by inattentive drivers to medical malpractice leading to fatal outcomes. Pursuing such claims involves exacting laws and regulations unique to Illinois.

• The statute of eliminations: According to Illinois law, wrongful death suits must be filed within two years from the date of cause.

• Understanding who can file: Typically, these lawsuits are filed by immediate family members like spouses or children. In absence thereof, other blood relatives or adopted children may seek damages.

• Distributed assets: Any monetary award secured generally goes directly into an estate for distribution according to representatives’ discretion until opposed by beneficiaries.

Through adept knowledge and seasoned courtroom prowess built over years of practice in this field; we at Carlson Bier offer indispensable guidance navigating daunting litigation procedures. Our crystal-clear transparency keeps you informed about every step ahead through meticulous explanations devoid of superfluous legal jargon.

Next is understanding damages awarded under Wrongful Death Acts- entailing both economic damages as well as non-economic ones. Economic losses account for real quantifiable figures representing healthcare costs prior to demise and loss of expected income whereas non-economic ones contemplate distresses like mental anguish loss or consortium loss suffered by survivors dependent on their relationship with decedents.

A salient point amidst all elements involved in a wrongful death case is that failure in proving any vital aspect unequivocally can gravely hinder prospects securing rightful awards due. Thus specialist representation profoundly aids in substantiating necessary rudiments portfolio to achieve desired legal outcomes.

Insurance corporations compounded with their formidable legal arsenal invariably contest your rightful claims, minimizing their liabilities exploiting intricate litigation aspects. Carlson Bier’s sworn ethos is empowering ordinary individuals prevail against these huge establishments by leveraging equality scales justly.

Dealt by a compassionate and determined team; the goal for each client represented remains long-term fiscal stability post resolution while affording justice served duly. Remember, fees are based on contingent premise ensuring no out-of-pocket charges until we triumph in securing deserved compensation – testament of our faith towards your case pursued righteously.

Moreover, navigating through unexpected unfortunate occurrences can feel like an uphill battle that you shouldn’t face alone. Our empathetic counsel prioritizes keeping clients’ needs first cherishing life values survived ones deserve – providing solace amidst angst and despair preserving dignity every step way.

Since circumstances around wrongful death cases are never identical, ensuing complexities attached vary profoundly requiring tailored approaches warranting successful sequences – advantage befitting seasoned experts Carlson Bier provides dutifully along.

Finally, at Carlson Bier, we illuminate not only the pathway in seeking just financial compensation for the tremendous loss suffered but also embrace a holistic approach fostering understanding and healing concurrently pivoting grieving lives toward closure henceforth. To ascertain more specifically how much your potential case might be worth or if you stand on favorable grounds pursuing a wrongful death claim under Illinois law ambit legally proceed ahead – click on the button below. Together let’s seek justice relentlessly warranted post tragic events inevitably changing lives forever after.

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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 Metropolis

Areas of Practice in Metropolis

Bicycle Crashes

Dedicated to legal support for people injured in bicycle accidents due to others's indifference or unsafe conditions.

Thermal Burns

Offering adept legal support for victims of serious burn injuries caused by accidents or recklessness.

Physician Misconduct

Providing professional legal advice for victims affected by clinical malpractice, including medication mistakes.

Commodities Responsibility

Handling cases involving defective products, delivering expert legal services to clients affected by faulty goods.

Geriatric Misconduct

Supporting the rights of nursing home residents who have been subjected to malpractice in senior centers environments, ensuring justice.

Tumble & Trip Incidents

Skilled in handling stumble accident cases, providing legal advice to persons seeking redress for their harm.

Infant Traumas

Supplying legal support for kin affected by medical negligence resulting in infant injuries.

Auto Mishaps

Mishaps: Concentrated on assisting sufferers of car accidents get reasonable remuneration for hurts and damages.

Motorcycle Mishaps

Specializing in providing legal advice for motorcyclists involved in motorbike accidents, ensuring adequate recompense for damages.

Trucking Collision

Providing specialist legal assistance for persons involved in semi accidents, focusing on securing just claims for injuries.

Worksite Mishaps

Focused on supporting staff or bystanders injured in construction site accidents due to oversights or recklessness.

Head Damages

Dedicated to delivering dedicated legal advice for persons suffering from neurological injuries due to accidents.

K9 Assault Wounds

Proficient in tackling cases for victims who have suffered traumas from dog bites or wildlife encounters.

Foot-traveler Mishaps

Focused on legal representation for pedestrians involved in accidents, providing effective representation for recovering restitution.

Unfair Loss

Working for families affected by a wrongful death, delivering empathetic and professional legal guidance to ensure compensation.

Vertebral Damage

Expert in supporting persons with spinal cord injuries, offering compassionate legal services to secure redress.

Contact Us Today if you need a Person Injury Lawyer