Wrongful Death Attorney in Mitchell

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About Carlson Bier Associates

When faced with a wrongful death litigation, considering Carlson Bier is your best decision. A renowned Illinois-based law firm specializing in personal injury law, their extensive expertise brings precision to each case they handle. Within and around Mitchell, they have successfully pursued numerous wrongful death cases to a conclusive end making them reliable advocates amidst life’s most testing times. They understand the emotional devastation associated with losing a loved one; therefore they strategize and consult compassionately while striving for justice diligently. Their team of highly skilled attorneys delve into multiple factors influencing the outcome ensuring no detail goes unnoticed. They prioritize client satisfaction which goes beyond winning settlements – encompassing personalized attention, legal education on developing lawsuit matters, and open lines of communication all throughout the process. When seeking upright representation fighting fervently against negligent parties for accidental deaths — turn to Carlson Bier as your loyal liaison trained expertly for harsh circumstances fostering fiscal recovery swiftly through fair compensations as warranted by the complex intricacies of wrongful deed accords in Illinois state laws.

About Carlson Bier

Wrongful Death Lawyers in Mitchell Illinois

At Carlson Bier, we empathize with the pain and suffering endured by our clients who have lost loved ones in unfortunate circumstances. Our dedicated group of personal injury attorneys are committed to providing legal support for those investigating the possibility of a wrongful death claim.

Wrongful death refers to cases where an individual’s demise directly result from negligence, recklessness, or deliberate harm caused by someone else. It encompasses a wide range of incidents including motor vehicle accidents, medical malpractice, workplace injuries among others. Under Illinois law, it is recognized as a severe offense and survivors or estate executors may seek compensation through civil litigation.

Our approach at Carlson Bier ensures that every case is handled with careful attention to detail and respect for your specific situation. We offer top-tier legal representation coupled with compassionate understanding of your emotional ordeal. Whether it’s liaising with insurance companies on your behalf or battling aggressively in court trials, our team will be there fighting for you every step of the way.

Furthering educating oneself about a wrongful death suit can help give perspective on what generally happens during such cases:

– A wrongful death claim always involves an aspect of negligence or wrongdoing.

– The pecuniary injuries list comprises expenses related to the deceased person’s care and treatment leading up to their passing.

– Damages awarded aim to compensate for losses suffered by relatives after the loss.

– Claims must commence within two years following an individual’s unexpected passing (according to Illinois’ statute limitations).

When it comes time to evaluate potential damages involved in these complex cases we consider factors like loss of income potential, funeral costs along with the intense emotional anguish associated with such tragic incidents.

While no amount can truly compensate for the devastating impact this loss has on lives; fines imposed serve as not just restitution but also function as deterrents against reckless behaviors. If you’ve experienced needless suffering due to another’s careless actions resulting in bereavement; reaching out to us at Carlson Bier could be the first step towards seeking justice.

Our primary goal at Carlson Bier is to take on your worries and legal hurdles so that you may focus on healing. Our attorneys will carefully handle all essential paperwork, negotiations, court proceedings, assess any possible insurance benefits whilst ensuring that you’re frequently updated about your case progression.

We understand that contemplating a legal recourse during such an emotionally draining period can seem daunting. However, having attained settlements for countless individuals over the years; our team has not only expertise but understands their client’s plight intimately. We assure clients of complete privacy and utmost sensitivity throughout this ordeal.

Time is instrumental regarding wrongful death suits: quick action helps in preservation of key evidence; talks with witnesses might prove more fruitful etc. As representatives of Carlson Bier we impress upon potential clients to get in touch with proper legal counsel quickly following fatal incidents.

In assisting many families through their pained journeys we continually strive towards delivering exceptional service as well as much-needed comfort; guiding them step-by-step through understanding complex processes until they reach an amicable resolution.

What’s paramount to us at Carlson Bier is our commitment towards securing dignity for those wrongfully deceased along with due compensation for their kin. Waiting does not always guarantee security and pending bills or sheer indifference from responsible parties necessitate immediate lawful intervention leading to eventual solace.

Whether it involves becoming acquainted with fine print details or comprehending intricate filings; fighting arduous battles definitely becomes easier alongside capable assistance from someone who truly cares like the dedicated personal injury attorneys found at Carlson Bier.

Every person’s journey deserves acknowledgment: Helping you comprehend how much your wrongful death claim might be worth serves multiple purposes – covering medical costs or funding future security measures among others. So why wait? Take the first step today by clicking on the button below as we offer invaluable advice regarding probable value tied up within your unique case circumstances.

Let us help ease some burdens by providing peace-of-mind alongside excellent representation. At Carlson Bier, we believe in justice and that it’s best served with compassion and earnest assistance.

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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 Mitchell

Areas of Practice in Mitchell

Bicycle Accidents

Focused on legal assistance for people injured in bicycle accidents due to responsible parties' lack of care or dangerous conditions.

Thermal Wounds

Providing skilled legal services for patients of severe burn injuries caused by incidents or indifference.

Medical Negligence

Ensuring experienced legal advice for patients affected by healthcare malpractice, including misdiagnosis.

Goods Fault

Managing cases involving defective products, offering specialist legal guidance to victims affected by harmful products.

Senior Abuse

Advocating for the rights of the elderly who have been subjected to neglect in care facilities environments, ensuring fairness.

Trip and Trip Incidents

Adept in dealing with stumble accident cases, providing legal services to persons seeking recovery for their harm.

Birth Harms

Delivering legal support for households affected by medical malpractice resulting in birth injuries.

Vehicle Accidents

Incidents: Committed to helping victims of car accidents obtain equitable compensation for hurts and losses.

Two-Wheeler Collisions

Specializing in providing legal assistance for individuals involved in two-wheeler accidents, ensuring fair compensation for harm.

Truck Mishap

Ensuring adept legal support for clients involved in semi accidents, focusing on securing adequate settlement for harms.

Building Site Accidents

Committed to representing employees or bystanders injured in construction site accidents due to oversights or recklessness.

Brain Damages

Expert in ensuring expert legal representation for clients suffering from cognitive injuries due to accidents.

Canine Attack Damages

Expertise in managing cases for individuals who have suffered injuries from puppy bites or creature assaults.

Foot-traveler Crashes

Expert in legal support for walkers involved in accidents, providing professional services for recovering claims.

Unfair Demise

Working for bereaved affected by a wrongful death, providing sensitive and adept legal representation to ensure justice.

Spine Damage

Committed to representing clients with backbone trauma, offering professional legal guidance to secure compensation.

Contact Us Today if you need a Person Injury Lawyer