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Wrongful Death Attorney in Milford

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About Carlson Bier Associates

When tragedy strikes and you’re left grappling with a wrongful death situation, the expertise of Carlson Bier is indispensable. Proud to represent clients across Illinois including those from Milford, our commitment encompasses both compassion for our clients and relentless pursuit of justice. With years of dedicated experience focusing exclusively on personal injury law, we have honed an assertive courtroom strategy that guides families through these challenging times toward desired outcomes. We understand the sensitive nature of wrongful death cases; tears can’t be given dollar values nor suffering quantified into compensation amounts alone. Yet holding accountable parties responsible financially tends to bring some well-deserved solace amidst pain – it’s an integral part to healing process we foster at Carlson Bier. Our professional approach aims to navigate complex legal procedures allowing maximum recovery while ensuring dignity and respect are maintained throughout your journey with us. Even in dark despairing gloom there’s light and as your sound choice in wrongful death attorneys, let Carlson Bier act as your beacon during these trying times.

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About Carlson Bier

Wrongful Death Lawyers in Milford Illinois

At Carlson Bier, we specialize in personal injury law with a keen focus on cases involving wrongful death. This area of law pertains to incidents where negligence or deliberate harmful actions by one party result in the unnecessary loss of life of another. Wrongful death can be a confusing and complex topic, but our mission is to clarify this subject while providing expert legal assistance for those seeking justice.

Understanding that wrongful death equates to fatal accidents caused primarily by someone else’s negligence is a fundamental point. To classify it legally as such, four critical elements are scrutinized: negligence, breach of duty, causation, and damages. Each aspect must be proven in court for a successful wrongful death claim; otherwise, the case may not suffice.

• Negligence involves proving that the victim’s death was due to carelessness or reckless behavior.

• Breach of Duty means showing that the defendant had specific responsibilities towards the deceased individual and failed to uphold them.

• Causality implies establishing that this breach of duty was directly responsible for causing the loss.

• Damages involve demonstrating that quantifiable damage resulted from this event – whether physical, emotional or financial.

Here at Carlson Bier based in Illinois, experience has assured us these cases often revolve around automobile accidents, medical malpractice, workplace accidents or even product liability. Navigating through such complexities requires not only expertise but empathy too – values deeply rooted within our ethos.

Timeframes also hold significant importance as there are strict statutes of limitations regarding wrongful death claims in Illinois. Typically one needs to file these lawsuits within two years following the incident causing the demise. Therefore acting promptly ensures preserving your right to seek compensation and justice.

Losses compensated usually take into account factors like lost wages from the decedent if they were partaking financially in supporting you or funeral expenses. More emotional aspects like loss companionship can also affect compensatory evaluations significantly – all lifted off your shoulders by our committed team, who ensures maximum compensation, is obtained.

On engaging with Carlson Bier for an Illinois wrongful death case, rest assured that transparency and open communication will always be paramount. As such, functionalities following a ‘contingency fee model’ come into effect. Here you only pay if there’s a successful recovery in your case – ensuring fairness and keeping your best interests at the helm of all decisions.

Physical grief amalgamated with the realization of losing financial security can seem crushing. Having tenaciously fought numerous wrongful death cases in Illinois courts, we understand this plight. Our dedicated attorneys aim to assuage these concerns via expert legal support while bringing justice to your loved one’s undeserved demise.

In conclusion, dealing with loss requires immense courage but fighting for justice necessitates even more strength; strength that may seem elusive amidst such despair. Let us at Carlson Bier bear this burden as you navigate through this tumultuous journey towards restoration and recompense.

Interested to learn about the potential worth of your case? We invite you to take action today. Please click on the button below for an accurate evaluation – because every life matters and every injustice deserves its day in court.

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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 Milford

Areas of Practice in Milford

Cycling Incidents

Specializing in legal assistance for victims injured in bicycle accidents due to others' lack of care or dangerous conditions.

Flame Damages

Extending skilled legal assistance for patients of intense burn injuries caused by accidents or misconduct.

Medical Incompetence

Extending professional legal advice for clients affected by physician malpractice, including medication mistakes.

Products Obligation

Taking on cases involving dangerous products, delivering professional legal support to individuals affected by defective items.

Geriatric Neglect

Protecting the rights of the elderly who have been subjected to misconduct in care facilities environments, ensuring restitution.

Trip & Stumble Incidents

Specialist in handling slip and fall accident cases, providing legal representation to sufferers seeking compensation for their suffering.

Newborn Wounds

Extending legal support for families affected by medical misconduct resulting in neonatal injuries.

Auto Mishaps

Crashes: Devoted to aiding victims of car accidents receive just settlement for harms and losses.

Scooter Crashes

Committed to providing legal assistance for victims involved in motorcycle accidents, ensuring adequate recompense for harm.

Semi Crash

Extending specialist legal assistance for drivers involved in trucking accidents, focusing on securing adequate recovery for hurts.

Construction Site Accidents

Focused on representing workmen or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Cerebral Harms

Dedicated to ensuring expert legal advice for clients suffering from neurological injuries due to misconduct.

Dog Bite Wounds

Expertise in managing cases for people who have suffered traumas from dog attacks or animal assaults.

Cross-walker Mishaps

Committed to legal advocacy for joggers involved in accidents, providing comprehensive support for recovering restitution.

Undeserved Fatality

Advocating for loved ones affected by a wrongful death, providing sensitive and skilled legal assistance to ensure justice.

Backbone Impairment

Focused on assisting persons with backbone trauma, offering specialized legal support 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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