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Wrongful Death Attorney in Morrison

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

At the brink of devastation caused by a wrongful death, finding trusted representation can be overwhelming. Turn to Carlson Bier – this distinguished law firm has been safeguarding the rights and interests of individuals navigating through such challenging times. Cases evolve from unexpected circumstances where negligence or failure to act responsibly has tragically cut short a life. The tenacious attorneys at Carlson Bier have extensive experience in fighting for justice throughout Illinois, securing maximum compensation under these heartrending circumstances.

The singular focus on personal injury including wrongful death sets them apart; they aren’t interested in being a jack-of-all-trades but masterful within their specialist territory. Profound understanding brought by years of dedication ensures clients that their cases are not only heard but vigilantly represented.

Every client’s tragedy remains unique with its complexities and nuances; however, unwavering commitment offered at Carlson Bier means clients trust us to deconstruct legal jargon into plain English explaining what impacts case outcomes.

Choose wisdom over promises – choose reliability over rhetoric – choose empathy over cold professionalism with Carlton Beir when it comes to seeking rightful closure amidst your loss.

About Carlson Bier

Wrongful Death Lawyers in Morrison Illinois

At Carlson Bier, we are deeply committed to providing expert legal counsel for matters of wrongful death. As proficient personal injury attorneys based in Illinois, we have garnered extensive experience, working hard to comprehend every finer detail of every case presented to us. Wrongful deaths can be highly traumatic and might result in intense confusion and psychological distress. That’s why you need a law firm willing to go above and beyond on your behalf.

Wrongful death refers to fatalities resulting from the negligence or misconduct of individuals, companies, or entities. These could include instances such as car accidents caused by drunk driving, workplace mishaps due to safety oversights, medical malpractice incidents among others.

The wrongful death claim seeks compensation unique only to these types of cases; they differ significantly from conventional personal injury claims where damages cater mostly for victims who survive their injuries but seek recompense for pain endured or financial burdens amassed.

– Family members file the claim: Typically initiated by immediate family members like a spouse or children, it may also extend in certain instances to other relatives like grandparents or siblings

– It is distinct from criminal charges: Even in scenarios where an identical event results in both a wrongful death lawsuit being filed civilly and criminal charges being effected simultaneously against the perpetrator(s), they are viewed separately in the eyes of the law

– The burden of proof is lower than criminal cases: In wrongful death lawsuits one requires demonstrating ‘a preponderance of evidence’ versus ‘beyond reasonable doubt’ requisite in criminal trials

In Illinois specifically:

– Time limits exist: You typically have two years from when the cause of death was determined/should’ve been determined with due diligence (also known as ‘statute of limitations’)

– Legal guidelines dictate distribution proportionality: Any recovery amount awarded will hinge on several factors including relationship nature, pecuniary losses suffered etc., with precise disbursement proportions specified legally

We at Carlson Bier understand how heart-wrenching these circumstances can be. Not only have you lost a loved one, but you also may grapple with financial uncertainty and stress revolving around loss of income, medical bills, funeral expenses among other burdens. Our role is to ease this weight from your shoulders, ensuring that you receive the support and compensation deserving to you lawfully.

Our attentive approach includes demonstrating how negligence or misconduct culminated in fatality; assembling robust evidence efficiently and thoroughly to substantiate our claim; negotiating diligently with opposing parties towards favorable verdicts; working relentlessly on your behalf so justice prevails. You focus on healing while we concentrate tirelessly on advancing your cause.

We believe in forging an empathetic connection with every client we represent, being there for them throughout every step in their legal journey – right from initial consultations leading all the way up till trials or settlements if they ensue.

Knowing whether you have a potential wrongful death claim can sometimes become complex. While it might seem prudent initially to handle court proceedings singlehandedly, navigating intricate legal waters alone often results otherwise inevitably over time – professional guidance could vastly eliminate any preventable errors potentially residual otherwise due to lack of experience understandably.

Timing is crucial when considering litigation – as noted before there exist deadlines legally outlined post which action becomes un-actionable. Don’t hesitate! That’s where the expertise at Carlson Bier comes into play – schedule a consultation today! Allow us the honor of lending our proficiency in helping win rightful remuneration for not just financial losses suffered owing repercussions post demise but metaphorically towards closure symbolizing justice symbolized.

Click on the button below now to discover what your case might potentially be worth – let’s ensure together that compensation rightfully owed doesn’t slip through unnoticed because complexities seemed momentarily intimidating…lets together validate aptly that ‘Where Law Meets Compassion’ isn’t merely our tagline…rather its ethos underlining partnerships forged during testing times via optimal solutions custom-designed uniquely around you.

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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 Morrison

Areas of Practice in Morrison

Cycling Crashes

Specializing in legal representation for persons injured in bicycle accidents due to others's recklessness or hazardous conditions.

Scald Injuries

Supplying adept legal help for patients of serious burn injuries caused by accidents or recklessness.

Hospital Misconduct

Ensuring dedicated legal representation for individuals affected by physician malpractice, including surgical errors.

Products Fault

Taking on cases involving faulty products, providing adept legal guidance to victims affected by product-related injuries.

Elder Neglect

Representing the rights of aged individuals who have been subjected to abuse in nursing homes environments, ensuring fairness.

Fall & Fall Injuries

Professional in addressing fall and trip accident cases, providing legal representation to victims seeking justice for their losses.

Birth Injuries

Extending legal aid for kin affected by medical carelessness resulting in infant injuries.

Motor Crashes

Collisions: Devoted to helping victims of car accidents gain equitable recompense for wounds and damages.

Scooter Collisions

Specializing in providing legal services for bikers involved in scooter accidents, ensuring rightful claims for damages.

Semi Accident

Providing adept legal advice for victims involved in semi accidents, focusing on securing fair recompense for hurts.

Construction Site Incidents

Engaged in advocating for workmen or bystanders injured in construction site accidents due to recklessness or carelessness.

Cerebral Traumas

Dedicated to extending professional legal assistance for persons suffering from head injuries due to accidents.

Dog Attack Wounds

Proficient in addressing cases for victims who have suffered damages from canine attacks or beast attacks.

Pedestrian Incidents

Expert in legal assistance for cross-walkers involved in accidents, providing effective representation for recovering recovery.

Unfair Death

Striving for relatives affected by a wrongful death, offering caring and skilled legal guidance to ensure justice.

Vertebral Trauma

Expert in assisting individuals with backbone trauma, offering professional legal representation to secure recovery.

Contact Us Today if you need a Person Injury Lawyer