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Wrongful Death Attorney in Monmouth

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About Carlson Bier Associates

If you are searching for unparalleled competence in handling wrongful death cases in Monmouth, look no further than Carlson Bier. Renowned for its tenacious approach and empathetic client relations, our firm stands as a beacon of justice in trying times of loss. Our seasoned attorneys bring comprehensive legal expertise to bear on each case, coupled with an exceptional commitment to truth and the rights of the bereaved. When probing through confusing legal processes following a devastating event can seem overwhelming, we stand ready to uplift you by ardently representing your interests. Through deeply rooted connections within Illinois’ diverse legal landscape mortar-ed by integrity, and tireless advocacy inspired by compassion for those grieving wrongful death instances; Carlson Bier ensures that justice prevails over tragedy.

Trust us — every heartache deserves recognition under law’s unfaltering light. Acknowledge your grief; let our earned acumen voice it via compelling litigation to secure rightful compensations due.

Carlson Bier: Profoundly Caring – Implacably Pursuing Justice – Unquestioningly Your Best Consideration For Wrongful Death Representation In Monmouth.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Monmouth Illinois

At Carlson Bier, our area of specialty centers on personal injury law, with an emphasis in Wrongful Death. As a leading Illinois-based legal firm, our principal goal is to bring you unparalleled support and expertise during times when you need it the most; we know that matters involving wrongful death can be devastatingly challenging. In pursuit of justice and compensation for your undeserved loss, we strive to strengthen your case using innovative strategies backed by years of professional experience.

The unexpected demise of a loved one due to another’s negligence qualifies as wrongful death under Illinois law. There are three main components necessary to categorize an occurrence as Wrongful Death. First off: Duty of Care; this implies that the person responsible had a duty toward the deceased individual. For instance, drivers are obligated to follow traffic regulations while medical practitioners owe their patients appropriate care levels.

Following this is Breach of Duty; did the responsible party neglect their obligation or deviate from standard protocol? An example could be an intoxicated driver hitting a pedestrian or a doctor prescribing inappropriate medication thereby causing harm.

Lastly – Causation: The defendant’s breach directly leads to death. If someone succumbs due to injuries sustained from a drunken driver hitting them- this fits into causation under ‘Wrongful Death.’ Our team at Carlson Bier prides itself on being adept at establishing these elements in court effectively and convincingly.

Illinois follows the “One Act-One Recovery” rule implying if somebody dies because of injuries previously compensated for, no duplicate recovery will occur via ‘Wrongful Death’ lawsuit claims – although surviving family members can get damages for their losses. Although varying circumstances affect each case’s worth- some common compensatory damages include grief and sorrow damages, lost financial benefits like income or inheritances.

Our attorneys also understand that time is crucial after experiencing such tragedy which makes quick action on your legal rights crucial. In Illinois, the statute limitation stipulates individuals have two years from death for filing a wrongful death claim. Failure to meet this deadline forfeits your right to compensation.

State Law also dictates who can file these claims. Initially, it is the victim’s immediate family that has this legal power – typically spouses and children. If they are not in existence or unable to act, next of kin may go ahead e.g., siblings or parents.

Carlson Bier boasts significant expertise navigating complexities inherent in pursuing ‘Wrongful Death’ cases. We help clients understand their rights and options thoroughly thereby ensuring they make informed decisions about approaching their case. Professionalism coupled with sensitivity helps us provide the much-needed support during such trying times within Illinois without extending our services under false location claims.

In conclusion, dealing with sudden loss can be hard enough; grappling through legal matters further compounds the burden. The team at Carlson Bier extends its experience and compassion into seeing you regain stability by advocating uninhibitedly on your behalf during this tough journey towards justice and hope.

With proper guidance from experts like ourselves, you’ll find that understanding all dimensions of ‘Wrongful Death’ lawsuits needn’t be overly complex – we’re committed to breaking down even highly nuanced elements in straightforward terms for easy comprehension.

By partnering with Carlson Bier, you’re equipping yourself with strength derived from a wealth of knowledge garnered over countless successful cases featuring similar dynamics as yours perhaps relieves some pain knowing justice was served- financial relief provided where due. For an initial assessment free-of-charge helping ascertain potential merit for your lawsuit – simply click the button below and uncover possibly how much worth could be associated with your case pursuit in Illinois-. Together we’ll navigate the path forward lending the experienced voice amplifying your call-for-justice steadfastly.

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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 Monmouth

Areas of Practice in Monmouth

Two-Wheeler Crashes

Proficient in legal support for people injured in bicycle accidents due to other parties' lack of care or hazardous conditions.

Flame Traumas

Offering adept legal support for patients of major burn injuries caused by occurrences or negligence.

Hospital Misconduct

Delivering experienced legal support for individuals affected by hospital malpractice, including wrong treatment.

Commodities Liability

Addressing cases involving faulty products, offering professional legal assistance to clients affected by product-related injuries.

Geriatric Misconduct

Protecting the rights of elders who have been subjected to neglect in senior centers environments, ensuring justice.

Trip and Trip Mishaps

Adept in dealing with trip accident cases, providing legal representation to persons seeking compensation for their injuries.

Birth Damages

Delivering legal assistance for households affected by medical misconduct resulting in neonatal injuries.

Car Accidents

Mishaps: Concentrated on supporting clients of car accidents secure reasonable recompense for hurts and destruction.

Bike Mishaps

Expert in providing representation for individuals involved in motorcycle accidents, ensuring fair compensation for losses.

Semi Accident

Ensuring professional legal assistance for drivers involved in big rig accidents, focusing on securing adequate compensation for damages.

Worksite Crashes

Engaged in defending workmen or bystanders injured in construction site accidents due to recklessness or negligence.

Cognitive Damages

Dedicated to delivering compassionate legal services for clients suffering from head injuries due to incidents.

Canine Attack Traumas

Adept at addressing cases for persons who have suffered damages from dog attacks or beast attacks.

Jogger Crashes

Specializing in legal support for foot-travelers involved in accidents, providing comprehensive support for recovering claims.

Unjust Passing

Striving for loved ones affected by a wrongful death, providing understanding and expert legal assistance to ensure justice.

Spine Damage

Expert in assisting persons with spine impairments, offering professional legal guidance 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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