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Wrongful Death Attorney in Mount Olive

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About Carlson Bier Associates

Suffering a wrongful death in the family is remarkably traumatic. In such times, one needs reliable and compassionate legal representation to navigate the complex process of seeking justice. Carlson Bier offers an array of premier legal services that focus on personal injury law, specifically Wrongful Death cases. Our seasoned attorneys possess extensive experience and acute understanding of Illinois laws, hence offering targeted counsel suited for residents in various regions including Mount Olive. While crafting compelling arguments to champion your cause convincingly, our foremost concern rests upon empathetically shoulder your burdens during this arduous period.. At Carlson Bier we employ ample resources and pivotal strategies aspired to secure maximum compensation for damages incurred due to wrongful deaths – financial support necessary for safeguarding your future stability post loss . The dedication possessed by our detail-oriented team underscores why so many trust us with their load and consider us ideal partners during these challenging moments. By opting for Carlson Bier, you harness top-rated advocacy primed towards vindicating your rights assiduously.

About Carlson Bier

Wrongful Death Lawyers in Mount Olive Illinois

The loss of a loved one is an unbearable experience that can leave any family emotionally, mentally, and financially devastated. When such tragic circumstances are the result of someone else’s negligence or wrongful act, it becomes even harder to navigate these difficult times. At Carlson Bier, we understand how overwhelming situations like this can be. As a reputable Illinois Personal Injury Law Firm specializing in Wrongful Death cases, our aim is to provide affected families with top-tier legal guidance while they grieve.

Wrongful Death claims arise when a person dies due to the negligent or intentional actions of another party – commonly occurring in situations involving motor vehicle accidents, medical malpractice and workplace accidents among others. These lawsuits seek recourse for financial burdens directly associated with the premature death including funeral expenses, lost wages from the deceased person’s work, loss of consortium and other pertinent damages.

• Key Fact: Under specific state laws in Illinois called “Statutes of Limitation,” you typically have up to two years from the date of your loved one’s death to file a wrongful death claim against those responsible.

Navigating through multiple layers of complex law during such traumatic times might make things worse for individuals who lack specific knowledge on legal procedures or rights involved within their case. Our expert attorneys at Carlson Bier shall offer skilled representation throughout every stage—starting from meticulous investigation for gathering compelling evidence right till aggressive courtroom presentation advocating fiercely for maximum compensation available under RTA Law.

Our team has successfully recovered millions of dollars worth in verdicts & settlements across Illinois on behalf of grieving families—always striving to bring justice home—in honorous memory for victims tragically lost against uncalled-for far-reaching consequences prevailing mainly out of reckless behaviour by negligent entities.

• Essential Reminder: Not all personal injury cases qualify as wrongful death claims; thus it’s crucial to consult an experienced attorney who specifically knows if pursuing a Wrongful Death claim is appropriate given your unique circumstance.

Two distinct types of claims can be filed within a wrongful death lawsuit in Illinois: Claims for Survival Action and Claim for Wrongful Death. The former seeks compensation for the deceased person’s pain and suffering prior to death while the latter caters directly towards covering financial damages left behind by sudden death of primary bread earners—affecting dependent family members substantially on monetary fronts.

• Critical Advice: Collecting credible evidence and preparing sound case strategy are imperative aspects—often impacting largely over successful outcomes within your claim. Our lawyers at Carlson Bier promptly assist here as well—with unbinding commitment shown explicitly towards rightfully settling your rightful compensations in real-time.

In this daunting journey of fighting back against those responsible, you’re not alone. Trust us when we say; we understand how life altering it must’ve been losing an integral part of your family due to sheer ignorance or negligence showcased by liable parties involved directly or indirectly leading up to instance causing loss of irreplaceable human lives.

With relentless pursuit for justice mingled finely with compassionate advice offered generously throughout legal procedures followed post filing lawsuits—we’re indeed ‘Your Trusted Legal Ally’ amidst unprecedented times faced solemnly mourning losses incurred unjustifiably so! Let our team from Carlson Bier address any concerns you might have regarding such complex cases—while they work relentlessly securing rightful judgements on behalf peace-seeking families across Illinois.

Are you ready to fight for justice? Your first step is learning exactly what your case could potentially be worth. Click the button below, let’s explore together how much you could rightfully recover under governing state laws of Illinois—from filed wrongful deaths lawsuits pushing culprits held accountable diligently thorough legally binding steps taken ahead compassionately understanding deepest grievances carried along bravely by affected families—inherently moving forward seeking justice deserved unquestionably so against all hardships endured tragically during dark times witnessed sorrowfully firsthand dealing with profound losses encountered unexpectedly so remembering dearly departed loved ones embracing courageously their valiant spirits living on…in memories vivid, hearts heavy, and justice served!

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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 Olive

Areas of Practice in Mount Olive

Bike Incidents

Proficient in legal advocacy for persons injured in bicycle accidents due to other parties' carelessness or dangerous conditions.

Scald Injuries

Providing adept legal support for people of major burn injuries caused by events or misconduct.

Medical Misconduct

Extending experienced legal advice for persons affected by clinical malpractice, including negligent care.

Merchandise Responsibility

Addressing cases involving faulty products, providing skilled legal assistance to victims affected by product-related injuries.

Elder Neglect

Defending the rights of elders who have been subjected to malpractice in senior centers environments, ensuring protection.

Fall and Slip Injuries

Expert in managing slip and fall accident cases, providing legal support to victims seeking recovery for their losses.

Childbirth Harms

Extending legal aid for families affected by medical misconduct resulting in birth injuries.

Auto Crashes

Incidents: Committed to guiding patients of car accidents receive equitable remuneration for injuries and harm.

Two-Wheeler Crashes

Specializing in providing representation for victims involved in motorcycle accidents, ensuring justice for harm.

Trucking Mishap

Delivering experienced legal support for victims involved in truck accidents, focusing on securing fair settlement for losses.

Construction Collisions

Engaged in supporting employees or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Brain Impairments

Dedicated to ensuring specialized legal assistance for clients suffering from cognitive injuries due to accidents.

Dog Attack Harms

Specialized in dealing with cases for persons who have suffered harms from dog attacks or animal attacks.

Jogger Crashes

Focused on legal representation for joggers involved in accidents, providing professional services for recovering restitution.

Wrongful Demise

Standing up for loved ones affected by a wrongful death, providing understanding and adept legal assistance to ensure justice.

Backbone Impairment

Expert in defending individuals with spinal cord injuries, offering professional legal support to secure justice.

Contact Us Today if you need a Person Injury Lawyer