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Wrongful Death Attorney in Moweaqua

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About Carlson Bier Associates

When faced with the tragic and sensitive event of a wrongful death, you need stalwart legal expertise that can competently represent your interests. Carlson Bier steps in as an acclaimed wrongful death attorney group offering steadfast legal support to Moweaqua clients. The firm distinguishes itself through its robust knowledge base, and intricate understanding of Illinois state laws related to wrongful deaths. Every case handled by Carlson Bier is worked upon meticulously, ensuring compassion blends seamlessly with aggressive representation when it matters most – in courtrooms asserting your rights or negotiating settlements against disputing parties. A deep-seated commitment drives everything at Carlton Bier; they grow their reputation not just on winning cases but on genuine client care. No matter how complex the issue may appear, their experienced attorneys strive for justice tirelessly while handling each detail professionally throughout this challenging journey. Choose Carlson Bier; allow them to use their exceptional skills honed over years serving diligently, fighting relentlessly for fair compensation owed to deserving families affected by unfortunate circumstances.

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Wrongful Death Lawyers in Moweaqua Illinois

At Carlson Bier, we understand the profound sense of loss and grief that you may feel after experiencing a wrongful death in your family. As experienced personal injury attorneys headquartered in Illinois, we are committed to bringing justice to those who face such devastating circumstances. We pride ourselves on ensuring our clients gain both clarity and guidance during these difficult times; it’s crucial for families to understand the intricacies surrounding this complex area of law.

Wrongful death refers to a legal term describing a situation where someone is fatally injured due to another party’s negligence or intentional action. The intricacies around such cases might encompass auto accidents, medical malpractice, workplace tragedies or even instances of criminal behavior. It is vital that immediate actions are taken if you suspect that your loved one’s death was avoidable and caused by someone else’s carelessness or deliberate harm.

Some key points surrounding wrongful death include:

– Proving Negligence: This requires clear evidence demonstrating how another party’s recklessness or disregard led directly to the fatality.

– Defining Damages: Families could be entitled to both economic (losses with direct monetary value) and non-economic damages (like emotional distress).

– Time Limits: In Illinois, families typically have two years from the date of the deceased person’s passing to file their claim.

Understanding all aspects involved in a wrongful death lawsuit can indeed prove overwhelming at an already taxing time. That’s why seeking professional assistance becomes critical. At Carlson Bier, our expert attorneys guide you through every step of this challenging process while providing robust legal representation tailored specifically for your case.

We relentlessly fight on behalf of our clients until justice has been fully served. In legalese termed “Full Compensation,” victims’ families often do not realize they’re eligible for resources covering funeral costs, lost potential income had the deceased lived their full natural lifetime, hardships related to bereavement and psychological trauma amongst others.

It is also essential that loved ones understand the process when it comes to settlement agreements. While settlements may seem tempting due to their quick resolution, you must remember that accepting means waiving your rights for any future legal action against the responsible party. Our attorneys ensure you comprehend this crucial nuance and will tailor advice accordingly.

As personal injury specialists, we also want to underscore the importance of complying with Illinois advertising laws. Here at Carlson Bier, while we work tirelessly assisting clients statewide, our physical offices are located in areas legally authorized by state regulations. This commitment to lawfully and ethically practicing resonates strongly within every client interaction and differentiates us from other firms.

Finally, no amount of compensation can take away the sorrow of losing a loved one but seeking help from experienced wrongful death attorneys might provide closure and financial relief essential during such challenging times. We invite you today to learn more about how Carlson Bier can aid in your journey towards justice and peace following a loved one’s wrongful death. Please click on the button below for a free consultation and relieve yourself from wondering ‘how much is my case worth?’ Without obligations or strings attached, let our proficient team guide you towards understanding what justice looks like in your unique situation.

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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 Moweaqua

Areas of Practice in Moweaqua

Cycling Accidents

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

Flame Burns

Giving adept legal advice for victims of serious burn injuries caused by mishaps or carelessness.

Medical Incompetence

Offering specialist legal advice for persons affected by physician malpractice, including medication mistakes.

Merchandise Liability

Addressing cases involving unsafe products, delivering specialist legal help to clients affected by defective items.

Nursing Home Malpractice

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

Tumble and Stumble Occurrences

Skilled in addressing fall and trip accident cases, providing legal advice to persons seeking justice for their losses.

Newborn Traumas

Supplying legal assistance for relatives affected by medical misconduct resulting in childbirth injuries.

Car Mishaps

Mishaps: Focused on assisting individuals of car accidents receive just settlement for injuries and damages.

Motorcycle Incidents

Specializing in providing legal support for victims involved in scooter accidents, ensuring rightful claims for losses.

Trucking Collision

Extending adept legal services for clients involved in trucking accidents, focusing on securing fair recompense for injuries.

Building Site Crashes

Dedicated to supporting workers or bystanders injured in construction site accidents due to carelessness or recklessness.

Head Injuries

Committed to ensuring dedicated legal representation for victims suffering from neurological injuries due to misconduct.

Dog Bite Traumas

Adept at managing cases for people who have suffered harms from puppy bites or animal attacks.

Cross-walker Collisions

Specializing in legal support for pedestrians involved in accidents, providing dedicated assistance for recovering compensation.

Undeserved Passing

Working for grieving parties affected by a wrongful death, extending compassionate and skilled legal services to ensure compensation.

Vertebral Damage

Focused on advocating for clients with spinal cord injuries, offering professional legal services to secure redress.

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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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