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Wrongful Death Attorney in Middlebury

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About Carlson Bier Associates

When facing the profound pain of a loved one’s wrongful death in Middlebury, you’ll find your strongest ally in Carlson Bier. We understand that no amount of financial restitution can replace what was lost but it can alleviate the burden of unexpected expenses and bring you peace. Our committed attorneys are well-versed in Illinois law relating to wrongful deaths, making us ideally placed to fight vehemently for justice on behalf of your cherished ones. At Carlson Bier, we pride ourselves on meticulous case preparation and aggressive representation that consistently wins our clients the full compensation they deserve. Leverage our unbeatable court track record when seeking redress through legal channels – proving negligence or recklessness requires expertise; this is where we shine brightest as experienced advocates who demand accountability from responsible parties and insurance companies alike. Let Carlson Bier be your beacon during trying times – a capable guide through legal complexities towards eventual healing after life-altering loss suffered due to another person’s careless actions or omissions.

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About Carlson Bier

Wrongful Death Lawyers in Middlebury Illinois

At Carlson Bier, our team of dedicated professionals understand the traumatic circumstances surrounding cases of wrongful death. As a leading personal injury attorney group based in Illinois, we pride ourselves not only on our vast legal expertise but also on our compassionate approach to assisting those dealing with such devastating loss.

Armed with years of focused experience, Carlson Bier aims to alleviate stress and uncertainty by guiding you through the complex universe of wrongful death law while working diligently to secure rightful justice. A wrongful death occurs when an individual dies as a result of someone else’s negligence or intentional harmful conduct. It is a complex branch of law that calls for professional expertise to negotiate the delicate legal framework efficiently and effectively.

Understanding key aspects of wrongful death can be incredibly beneficial:

• The claim is distinctly different from a standard personal injury claim since it is filed by surviving family members rather than the victim.

• The burden lies with the plaintiff (those filing the suit) to prove that the defendant’s negligent actions essentially caused their loved one’s demise.

• Damages awarded typically involve components like funeral expenses, medical costs prior to death, pain and suffering experienced before departure, lost wages including future income, loss regarding companionship or consortium and potential punitive damages meant to punish reprehensible behavior while discouraging similar future conduct.

Fundamentally grasping these concepts helps demystify this niche sector within personal injury law. Legal jargon can often appear intimidating which further underlines why having professional support like ours at Carlson Bier makes navigating difficult circumstances more manageable – allowing you breathing space during tough times.

Perhaps most critically, Illinois state laws impose strict deadlines known as “statutes of limitations” related to these claims. If families fail within this timeframe, they may potentially forfeit their right permanently seeking compensation relating to their untimely loss. Being cognizant about these timelines thereby underscores how specialized knowledge about local regulations impact your case outcome significantly.

Furthermore, evaluating each piece involved concerning wrongful death cases requires meticulous attention to detail. Legal nuances can get easily overlooked and could potentially affect your settlement negatively due to their intricate nature which makes trusting seasoned professionals with such important matters paramount.

Working with Carlson Bier ensures that your interests are rigorously protected while we relentlessly fight for the desired justice on behalf of you and your heartfelt loss. We believe in facilitating a clear and open communication line ensuring you, as our valued client, remain abreast about all legal developments along this challenging journey towards resolution.

Moreover, though no amount of remuneration will ever be truly satisfactory when compensating for an irreplaceable loss, securing financial security becomes crucial in the face of such life-altering circumstances. Paving way for optimal quality of representation, we at Carlson Bier strive to deliver this by achieving maximum possible recovery from those accountable.

Finally, learning how much your case could potentially be worth aids immensely when planning a path forward financially after grappling with an immeasurable personal blow. By acting quickly, it keeps vital evidence related to claims intact and helps maintain essential facts fresh in mind – all contributing positively towards building stronger lawsuits.

Through pressing times like these where definitive answers evade you constantly because detailed understanding about specific regulations eludes most laymen; trust Carlson Bier as your dependable partner through it all. Greeting adversity head-on is our forte – fighting hard to shield your rights is what defines us best.

As specialists navigating the tumultuous sea of uncertainty inevitably associated with dire situations surrounding wrongful deaths – let Carlson Bier direct you towards peaceful shores away from rough torrents encountered during this distressful time. When ready to embark on this critical journey towards justice together, click the button below. Let’s find out exactly how much your case is indeed worth so we may formidably confront adversarial winds confidently paired closely alongside with experienced empathy provided by none other than – Carlson Bier.

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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 Middlebury

Areas of Practice in Middlebury

Bike Crashes

Expert in legal representation for victims injured in bicycle accidents due to others' indifference or unsafe conditions.

Scald Injuries

Supplying skilled legal assistance for people of grave burn injuries caused by events or negligence.

Hospital Carelessness

Offering experienced legal support for victims affected by medical malpractice, including wrong treatment.

Goods Fault

Managing cases involving faulty products, providing professional legal services to customers affected by faulty goods.

Senior Neglect

Advocating for the rights of seniors who have been subjected to abuse in senior centers environments, ensuring restitution.

Fall and Slip Mishaps

Adept in managing slip and fall accident cases, providing legal assistance to individuals seeking compensation for their harm.

Infant Injuries

Supplying legal assistance for households affected by medical carelessness resulting in birth injuries.

Car Mishaps

Accidents: Concentrated on aiding individuals of car accidents secure fair payout for injuries and losses.

Scooter Collisions

Expert in providing legal assistance for bikers involved in bike accidents, ensuring adequate recompense for losses.

Big Rig Collision

Offering experienced legal services for individuals involved in semi accidents, focusing on securing just settlement for damages.

Construction Collisions

Dedicated to advocating for staff or bystanders injured in construction site accidents due to oversights or negligence.

Cerebral Harms

Dedicated to providing specialized legal services for individuals suffering from head injuries due to carelessness.

Canine Attack Damages

Skilled in managing cases for individuals who have suffered injuries from canine attacks or wildlife encounters.

Jogger Mishaps

Specializing in legal advocacy for pedestrians involved in accidents, providing dedicated assistance for recovering restitution.

Undeserved Death

Working for loved ones affected by a wrongful death, offering sensitive and professional legal assistance to ensure fairness.

Neural Injury

Dedicated to advocating for persons with paralysis, offering specialized legal guidance to secure recovery.

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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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