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Wrongful Death Attorney in Mount Carmel

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About Carlson Bier Associates

When faced with a wrongful death case in Mount Carmel, turn to Carlson Bier. As an esteemed personal injury law firm based in Illinois, we provide unrivaled expertise and knowledge in wrongful death legalities. The loss of a loved one is devastating, and the financial burden that follows can feel insurmountable. Our team at Carlson Bier stands ready to guide you through this challenging time bringing justice to your lost ones while helping secure fair compensation for their untimely passing.

Dealing with insurance companies or negligent parties alone simply isn’t advisable, it’s essential to rely on expert advice from seasoned professionals who understand Illinois law intricately.

At Carlson Bier, our wealth of experience allows us to adeptly navigate these complex situations ensuring maximum settlement amounts reach those deserving.

We believe each case is unique and approach it with compassion and commitment; never overgeneralizing client experiences but taking the time needed to provide quality representation tailored specifically for you.

In considering support during these times where uncertainties are high but when rightful remuneration should be given – look no further than the vital assistance offered by Carlson Bier.

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About Carlson Bier

Wrongful Death Lawyers in Mount Carmel Illinois

Welcome to Carlson Bier, your trusted personal injury attorneys in Illinois. Our team of dedicated professionals is committed to serving the needs of our clients, providing knowledgeable legal assistance and support on Wrongful Death cases. Every case we handle is treated with utmost importance, understanding that every situation behind it deals with a unique set of emotional stress and trauma.

Death from accidental or similar causes carries psychological weight that no person should bear alone. Legally termed as ‘Wrongful Death’, this context involves a person dying due to legal fault of another individual or entity and includes deaths from car accidents, medical malpractice, workplace accidents or any negligent activity resulting in fatality.

To better comprehend ‘Wrongful Death’ claims within the state’s framework:

• The claim must prove that death was caused intentionally or negligentially by another party.

• The claimant must be able to present sufficient evidence establishing defendant’s responsibility for the demise.

• The claim should reflect economic losses suffered due to victim’s untimely departure alongside non-economic damage like mental angst and emotional distress endured by surviving members.

At Carlson Bier, we realize how overwhelming such circumstances can be – physically, psychologically, and financially. Hence we strive diligently towards ensuring victims’ families are rightfully compensated for their loss while offering them strength amidst adversity. With us by your side, rest assured knowing you’ll receive expert legal guidance through each stage of making a Wrongful Death claim.

We pride ourselves on compassionate service backed up by years of experience dealing with complex situations surrounding wrongful death lawsuits. We firmly believe every family deserves justice when they lose a loved one because someone else acted irresponsibly or failed in fulfilling their duties adequately.

If you believe your loved one’s death falls under these criteria:

• It came as direct result of someone else’s negligence

• Tangible financial damages resulted from the death,

You might have substantial grounds for claiming compensation through filing a wrongful death lawsuit.

Our skilled attorneys will help you comprehend these legal terms and evaluate your case minutely, identifying the best course of action and guiding you through the complex legal process. We tirelessly fight for your right to full compensation by negotiating assertively with insurance companies while preparing cogent arguments, representing your interests in court, if necessary.

We know that understanding each aspect of a wrongful death claim can be overwhelming which is why we provide our clients with extensive one-on-one consultation and take time in explaining every implication or law involved carefully. Our commitment ensures not just complete awareness regarding their legal rights but also helps them grasp what they stand to gain from their lawsuit.

Our services do not end merely at helping clients recover financial losses alone – we strive towards ensuring survivors experience minimal emotional turmoil during the legal proceeding involving a dear departed. It’s imperative victims’ families recognize pursuing such claims offers closure towards holding guilty parties accountable; it also serves as an active instrument driving safety regulations protecting others from similar fate in future.

Moving past grief takes time, emotions run high during deliberation; acknowledging this delicate nature surrounding Wrongful Death cases, Carlson Bier operates on contingency basis – meaning our fees are exclusively tied to successful resolution of lawsuits. If there’s no recovery from your case due to any circumstance, rest assured knowing you owe us nothing.

We warmly invite individuals seeking justice over losing loved ones under negligent circumstances to get in touch with us for a free initial consultation without obligation or cost attached whatsoever.

The button below will lead you directly to find out how much your case may worth through expert valuation by our seasoned team of attorneys – Click now, let Carlson Bier guide you towards retribution fitting sorrow so deep ours words might fail describing adequately…your pursuit ends here.

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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 Mount Carmel

Areas of Practice in Mount Carmel

Cycling Collisions

Dedicated to legal representation for victims injured in bicycle accidents due to responsible parties' recklessness or risky conditions.

Scald Injuries

Extending specialist legal services for sufferers of major burn injuries caused by incidents or negligence.

Healthcare Misconduct

Ensuring expert legal assistance for patients affected by hospital malpractice, including negligent care.

Goods Fault

Addressing cases involving faulty products, offering expert legal help to clients affected by defective items.

Aged Mistreatment

Supporting the rights of aged individuals who have been subjected to mistreatment in care facilities environments, ensuring compensation.

Stumble and Tumble Accidents

Professional in handling stumble accident cases, providing legal representation to persons seeking compensation for their damages.

Childbirth Damages

Extending legal help for kin affected by medical incompetence resulting in birth injuries.

Vehicle Collisions

Crashes: Devoted to guiding patients of car accidents gain fair remuneration for wounds and damages.

Two-Wheeler Mishaps

Specializing in providing legal advice for riders involved in scooter accidents, ensuring just recovery for traumas.

Big Rig Crash

Extending specialist legal advice for drivers involved in trucking accidents, focusing on securing rightful claims for losses.

Building Mishaps

Dedicated to defending staff or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Cerebral Injuries

Specializing in providing dedicated legal services for persons suffering from neurological injuries due to accidents.

K9 Assault Damages

Adept at addressing cases for victims who have suffered harms from dog attacks or animal assaults.

Jogger Crashes

Dedicated to legal advocacy for foot-travelers involved in accidents, providing professional services for recovering restitution.

Unwarranted Fatality

Advocating for loved ones affected by a wrongful death, offering caring and skilled legal representation to ensure compensation.

Backbone Impairment

Committed to advocating for persons with vertebral damage, offering dedicated legal assistance to secure justice.

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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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