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Wrongful Death Attorney in Momence

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When tragedy strikes in the form of a wrongful death, Momence families know they can trust Carlson Bier as their strongest legal advocates. Our distinguished wrongful death attorneys at Carlson Bier tirelessly work to bring justice and meaningful compensation to those facing life-altering loss. We strive to navigate your grief with compassion, while steadfastly pursuing justice on behalf of your loved ones. With an enviable record of substantial verdicts for our clients, we showcase not only our expansive knowledge but also unrivaled commitment in these troubling times. Ensuring transparency at every step, we dedicate ourselves fully to understanding and representing your unique case circumstances truthfully and effectively before Illinois courts. Each situation is treated with utmost importance by us at Carlson Bier because it’s not just about winning cases; it’s about helping people regain control over unforeseen chaos caused wrongfully by others’ negligence or crime acts.Carlson Bier should be Momence’s first choice for a wrongful death attorney—they are proven leaders committed tirelessly toward achieving desired results for devastated families yearning for closure.

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About Carlson Bier

Wrongful Death Lawyers in Momence Illinois

At Carlson Bier, we understand the emotional and financial devastation that a wrongful death can inflict on families. With our considerable experience dealing with such cases in Illinois, our law firm is equipped to provide expert litigation assistance to those seeking justice for their loved ones.

Wrongful death refers to a situation where an individual loses their life due to the negligence or wrongful action of another party. Some common scenarios include fatal traffic accidents caused by impaired or reckless drivers, deaths in workplaces that lack proper safety measures, medical malpractices resulting in fatal outcomes amongst others. Each case requires careful analysis and convincing presentation before the court as it hinges on establishing liability.

• Important Point: Establishing accountability in wrongful death cases often necessitates comprehensive investigation into incident reports, eyewitness accounts, and professional expertise about specific industries or situations.

Illinois’s Wrongful Death Act (740 ILCS 180/) grants the right to immediate family members—spouses and children—that suffered damages from losing a loved one because of another’s negligent actions, to file a lawsuit. The damage claims usually cover not only compensation for emotional distress but also lost earnings if the deceased person was contributing financially to his/her dependents.

• Key Fact: In Illinois, you generally have two years following the demise of your loved one to initiate legal proceedings against those you believe are responsible.

A successful claim could result in monetary recovery encompassing expenses related thereof such as funeral costs, medical bills experienced prior death along with ‘pecuniary injuries’ which mostly covers factors like loss of earnings from future wages/incomes had your beloved lived out his/her expected lifespan; Loss of consortium i.e., bereavement damages from deprivation of love / affection caused due circumstances presents further potential grounds for recompense.

• Insight: Every penny counts when rebuilding life after losing a family member – obtaining maximum possible reimbursement under established legal provisions aids this process greatly.

Bringing your case forward in court requires a strategic and nuanced approach. At Carlson Bier, we pride ourselves on performing detailed investigations into all facets of your case providing you with a robust representation to prove negligence and build the strongest possible case.

• Key Point: A skilled wrongful death attorney knows how to navigate this complex legal process, carefully assessing the value of damages suffered by each family member not just for today, but in their future lives without their loved one.

The unexpected loss of a loved one through wrongful death impacts families profoundly. Emotional upheaval aside, financial strain can be an added burden to bear. Hinging upon our experience as personal injury attorneys practicing out of Illinois, with a keen eye for detail and determined pursuit of justice – we at Carlson Bier are committed to easing these life disruptions by using our expertise to fight fiercely on behalf of those left behind.

No words or financial restitution can truly replace or compensate your loved one; however, seeking accountability from negligent parties could provide solace that justice has served its course protecting against similar episodes in future whilst securing resources necessary for shaping life ahead post such tragedy. For details tailored specifically around circumstance and potential claim valuing alike- utilize button beneath enabling evaluation pertaining shades encompassing your individual case. We support inquisitiveness – it’s the foremost step towards pragmatic navigation amid unanticipated life adversities.

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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 Momence

Areas of Practice in Momence

Bike Accidents

Expert in legal advocacy for clients injured in bicycle accidents due to other parties' recklessness or perilous conditions.

Burn Burns

Giving professional legal support for sufferers of major burn injuries caused by mishaps or indifference.

Medical Negligence

Extending professional legal services for clients affected by healthcare malpractice, including misdiagnosis.

Products Obligation

Dealing with cases involving defective products, providing specialist legal support to customers affected by harmful products.

Aged Abuse

Representing the rights of aged individuals who have been subjected to misconduct in senior centers environments, ensuring compensation.

Slip and Slip Incidents

Expert in managing slip and fall accident cases, providing legal advice to individuals seeking justice for their suffering.

Infant Harms

Delivering legal help for loved ones affected by medical carelessness resulting in childbirth injuries.

Automobile Accidents

Mishaps: Concentrated on supporting clients of car accidents get equitable compensation for injuries and losses.

Motorcycle Incidents

Expert in providing representation for motorcyclists involved in bike accidents, ensuring rightful claims for injuries.

Trucking Accident

Delivering adept legal representation for persons involved in trucking accidents, focusing on securing rightful settlement for injuries.

Building Accidents

Dedicated to defending workers or bystanders injured in construction site accidents due to oversights or carelessness.

Neurological Injuries

Focused on extending specialized legal assistance for persons suffering from brain injuries due to misconduct.

Dog Attack Wounds

Proficient in tackling cases for individuals who have suffered traumas from dog bites or creature assaults.

Cross-walker Crashes

Expert in legal support for joggers involved in accidents, providing expert advice for recovering compensation.

Unjust Loss

Fighting for relatives affected by a wrongful death, extending understanding and adept legal services to ensure restitution.

Spine Injury

Expert in supporting victims with backbone trauma, offering specialized legal support 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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