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Wrongful Death Attorney in Morris

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About Carlson Bier Associates

In the tragic event of wrongful death, seeking legal recourse requires expertise and a touch of compassion, both of which are synonymous with Carlson Bier. A leading firm in Illinois renowned for our stronghold in personal injury law, we have a dedicated team adept at handling wrongful death situations in Morris diligently. With substantial experience navigating the complexities associated with these cases, we offer unrivalled support to help you through this challenging time. Our well-versed lawyers possess an intricate understanding of Illinois legislation surrounding wrongful deaths and will endeavor to build a strong case that rightfully honors your loss while ensuring maximum compensation is obtained on behalf of your loved one’s estate. Commitment towards personalized attention sets us apart – every case handled by the distinguished lineup at Carlson Bier receives tailored attention as we value individual circumstances comprising each situation uniquely. Opt for Carlson Bier as your preference when enduring the distressing aftermaths following fatal incidents; let us represent strength amid vulnerability that follows losses unjustly endured offering you guidance towards rightful reparation under tough judicial realms.

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About Carlson Bier

Wrongful Death Lawyers in Morris Illinois

Welcome to the Carlson Bier Law Firm website, your dedicated personal injury attorneys stationed in Illinois. As specialists in personal injury law, our team provides outstanding support and legal expertise designed to help our clients safeguard their rights and secure the justice they are entitled to. Our practice areas encompass an array of personal injury services, with a significant focus on wrongful death cases.

In light of this substantial area of practice, it is essential to enhance understanding about wrongful death claims. Wrongful death refers to circumstances where a person’s negligence or misconduct results in someone else’s death. This unnatural cessation catastrophically impacts surviving family members emotionally and financially by way of lost wages, expenses for medical care incurred prior to demise, loss of consortium or companionship among others.

Key elements that constitute grounds for a successful wrongful death lawsuit include:

– A fatality due to negligent action: The core element pertains to proving that a party acted negligently or recklessly hence causing death.

– Dependents suffering monetary losses due to said fatality: Be it diminished earning capacity of the victim who was perhaps contributing towards household income or accumulated medical bills owing to injuries sustained; survivors must demonstrate tangible financial detriment as aftermaths of the fatal incident.

– Appointment of a formal representative: For estates lacking a pre-nominated executor/administrator documented in wills or trusts; courts usually appoint one who then pursues compensation grievance lodged on behalf bereaved kin.

As complex as these components may seem, processing a wrongful death claim could provide crucial reprieve from financial burdens culminating from sudden loss besides seeking fairness during such powerful moments filled with despair. Yet, navigating this potentially arduous process necessitates equitable legal counsel.

At Carlson Bier Law Firm we comprehend intricacies linked with mounting powerful arguments necessary for establishing liability under notoriously stringent guidelines like contributory negligence doctrine which is commonplace across jurisdictions within Illinois state. We passionately endeavor towards securing maximum attainable remunerations regardless prevailing complexities and, concurrently aim to prevent you from being imposed on during such trying moments.

As you browse our website, please take advantage of various information sources designed with the intention to educate visitors about personal injury law which prominently includes wrongful death. These resources not only enrich knowledge but also delineate claim eligibility criteria detailing conditions under which potential litigants could secure compensations legitimately entitled to them by law.

And while these informative pieces cater towards initializing self-education process; keep in mind that circumstances surrounding each case are globally unique consequently necessitating tailored legal direction for maximum compensation conceivable. Therefore, consider engaging our first-rate personal injury lawyers proficiently knowledgeable about multilayer adversities synonymous with pursuing wrongful death claims today!

Today, get informed on this critical legal aspect affecting many lives–prompting imperative need for competent representation amidst legal proceedings. We built this platform standing principles of transparency coupled with efficacious education strategy especially aimed at empowering readership community besieged with daunting prospects associated with tackling such high-stake cases single-handed or through partially competent consultancy packages as witnessed elsewhere.

Remember Carlson Bier Law Firm is here for you every step of the way. Encourage yourself now by taking the essential leap forward and click on the button below to request a free analysis determining compensation value potentially attributable to your dissentious case – Let our team help establish clarity regarding your litigation prospects alongside acquainting you firsthand about exquisite service experience characterizing past representations competently handled by seasoned attorneys at Carlson Bier Law Firm.

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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 Morris

Areas of Practice in Morris

Two-Wheeler Collisions

Focused on legal support for persons injured in bicycle accidents due to other parties' carelessness or risky conditions.

Flame Traumas

Giving expert legal support for victims of major burn injuries caused by mishaps or indifference.

Hospital Carelessness

Providing expert legal assistance for clients affected by physician malpractice, including wrong treatment.

Goods Obligation

Managing cases involving problematic products, delivering specialist legal help to consumers affected by defective items.

Aged Mistreatment

Protecting the rights of elders who have been subjected to neglect in elderly care environments, ensuring protection.

Trip and Stumble Accidents

Specialist in tackling tumble accident cases, providing legal assistance to victims seeking compensation for their injuries.

Neonatal Harms

Supplying legal assistance for loved ones affected by medical negligence resulting in newborn injuries.

Vehicle Collisions

Mishaps: Committed to aiding patients of car accidents receive just remuneration for hurts and destruction.

Scooter Accidents

Dedicated to providing legal services for riders involved in scooter accidents, ensuring rightful claims for harm.

18-Wheeler Crash

Providing professional legal representation for individuals involved in trucking accidents, focusing on securing appropriate claims for harms.

Construction Site Mishaps

Dedicated to assisting employees or bystanders injured in construction site accidents due to recklessness or misconduct.

Neurological Traumas

Expert in offering compassionate legal support for clients suffering from brain injuries due to accidents.

Canine Attack Wounds

Proficient in managing cases for clients who have suffered wounds from K9 assaults or wildlife encounters.

Foot-traveler Incidents

Focused on legal representation for cross-walkers involved in accidents, providing effective representation for recovering restitution.

Unjust Fatality

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

Spinal Cord Harm

Focused on representing clients with spinal cord injuries, offering dedicated legal services 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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