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Wrongful Death Attorney in Monticello

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Jeff Bier – Founding Partner At Carlson Bier Best Personal Injury Lawyer In Chicago
Carlson Bier - 14 W Superior St Ste. 1503, Chicago, Il 60654, United States

About Carlson Bier Associates

When faced with the debilitating blow of a wrongful death, it is crucial to have the support of an experienced team who fully understand the intricate complexities of Illinois law. Carlson Bier brings you that expertise coupled with unwavering compassion for helping clients secure justice and appropriate compensation. Our attorneys are relentless in their pursuit to hold responsible parties accountable – a critical insulator against financial devastation often accompanying such heart-wrenching loss. The intent isn’t just about pursuing indemnity on your behalf; it’s securing some semblance of solace amidst pain by ensuring culpable entities face adequate penalties under law. While no entity can truly restore what has been lost, Carlson Bier endeavors to deliver comprehensive legal succor aimed at mitigating agonizing impacts caused by another’s neglect or intentional harm.

If you need direction navigating traumatic landscapes following wrongful loss, consider engaging Carlson Bier’s revered Wrongful Death attorney group – A testament not only to success but also commitment towards safeguarding client interests within Monticello and beyond… Remember: You don’t journey alone; we’re here every step along this daunting pathway!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Monticello Illinois

At Carlson Bier, we are more than personal injury attorneys; we are the colossus standing in between you and unethical practices. We uphold justice by committing to fight for those solidarity voices that have been snuffed out too soon through wrongful death incidents. Wrongful Death is essentially an arcane term embodying any fatality resulting from another party’s unintentional or intentional misconduct. You may be experiencing unwarranted suffering due to the loss of a loved one caused by medical malpractice, automobile accidents, workplace hazards, defective products, nursing home abuse, and so much more.

Accidents shrouded with negligent intentions often lead to wrongful fatalities leaving families devastated both emotionally and financially. Sudden bereavement not only inflicts incapacitating grief but confronts families with unexpected expenses like medical bills and funeral costs. However, Illinois law entitles survivors to seek compensation for their emotional trauma and financial burdens following certain fatal events under its Wrongful Death Act. A cause of action originates permitting immediate family members such as spouses or children to file a lawsuit on behalf of their deceased loved ones against liable parties.

Being well-versed litigation experts at Carlson Bier makes us your best allies in asserting your rightful compensatory claims effectively under Illinois laws:

• We will diligently examine every subtlety surrounding the case like gauging the egregious nature of negligence involved, going through accident reports forensically, relooking medical certificates, assessing damages quantitatively.

• Our strategic approach helps us determine key questions underlying this civil lawsuit: who caused the death? Was it foreseeable? Did they owe a duty of care towards maintaining safety procedures?

• In pursuit of obtaining maximum compensation for our clients, we maneuver skillfully with appellate courts challenging any flawed interpretations while arguing for portions benefitting our clients.

• Pursuant legal directions intently help us meet stringent deadlines working within strict statutory timeframes accentuating earlier filings aiding client benefits.

Actively investigating accidents, engaging with expert witnesses, negotiating with defense attorneys and insurance companies are a fraction of our herculean efforts at Carlson Bier. A legal battle over wrongful death claims can be drenched in complexities but our proficient litigation acumen guides families through every decisive juncture serving their best interest maintaining transparency throughout.

Understanding the intricacies enveloping Wrongful Death lawsuits is critical before taking the plunge because they can become intricate mazes. Knowing these key points will help you anticipate what’s coming:

• Any compensation attained will be directed towards addressing the financial impact rendered by death covering lost wages, medical expenses, funeral costs.

• Quantifying ‘loss of society’ or companionship becomes an interesting dynamic where judges determine monetary compensation applicable for bereaved relatives – your attorney’s persuasive skills might end up tipping the scales favorably!

• It is essential to remember that wrongful death damages are free from Illinois State taxes yet may stir remonstrations from inheritance tax clauses- keep close quarters to updated law interpretations.

At Carlson Bier we extend more than just legal advice; we offer unwavering support and steadfast determination to anyone who walks through our door under such tragic circumstances. We understand that hiring a professional lawyer specializing in personal injury is not merely delegating tasks; it’s entrusting us with feelings revolving around loss and grief. We respect that trust shared quietly in unspoken words making sure your voice resonates loudly seeking justice relentlessly in courtrooms for a life extinguished prematurely due to someone else’s negligence. Click on the button below today to find out how much your case could potentially worth pursuing allowing you to pay rightful homage standing up against depriving practices meted unfairly often cloaked under layers of legalities waiting fervently unveiling truth solemnly remembering victims never forgotten by those left behind reflecting silently about lives changing course irrevocably.

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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 Monticello

Areas of Practice in Monticello

Two-Wheeler Incidents

Proficient in legal assistance for clients injured in bicycle accidents due to others's negligence or hazardous conditions.

Thermal Burns

Supplying specialist legal advice for people of major burn injuries caused by accidents or carelessness.

Physician Incompetence

Offering dedicated legal support for patients affected by clinical malpractice, including medication mistakes.

Items Accountability

Dealing with cases involving dangerous products, extending adept legal support to customers affected by harmful products.

Elder Abuse

Protecting the rights of aged individuals who have been subjected to neglect in elderly care environments, ensuring restitution.

Slip and Trip Injuries

Specialist in handling fall and trip accident cases, providing legal support to sufferers seeking redress for their suffering.

Birth Harms

Supplying legal aid for relatives affected by medical incompetence resulting in newborn injuries.

Auto Mishaps

Mishaps: Dedicated to helping victims of car accidents obtain reasonable settlement for damages and losses.

Scooter Crashes

Focused on providing legal support for individuals involved in bike accidents, ensuring adequate recompense for losses.

Semi Incident

Delivering experienced legal services for drivers involved in lorry accidents, focusing on securing rightful settlement for harms.

Construction Incidents

Concentrated on representing workers or bystanders injured in construction site accidents due to safety violations or negligence.

Neurological Impairments

Focused on ensuring expert legal representation for persons suffering from cognitive injuries due to misconduct.

K9 Assault Injuries

Specialized in managing cases for persons who have suffered traumas from canine attacks or wildlife encounters.

Pedestrian Collisions

Focused on legal support for cross-walkers involved in accidents, providing professional services for recovering claims.

Unjust Passing

Working for relatives affected by a wrongful death, supplying understanding and skilled legal services to ensure fairness.

Backbone Harm

Specializing in assisting individuals with vertebral damage, offering compassionate legal support to secure redress.

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