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Wrongful Death Attorney in New Athens

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About Carlson Bier Associates

When the unthinkable happens and you lose a loved one due to negligence or misconduct, finding the right Wrongful Death attorney should never be left to chance. With deep roots in Illinois, Carlson Bier stands out as a beacon of empathy competence, and tenacity. Not limited by geographical boundaries, our commitment extends across various locales including New Athens. We specialize in every facet of wrongful death laws ensuring that justice is served through fair compensation for loss incurred. Excellence wraps around every case we handle because at Carlson Bier; your peace matters—to us! Our passion fuels an unbeatable track record – a vibrant testament to the skill-level we bring into this highly complex legal field. Each case we champion is steered by proficient expertise thus increasing odds for a favorable resolution significantly. Choosing Carlson Bier guarantees an attentive approach entwined with unmatched legal dexterity– always guiding you towards victory’s edge…always making things right again! Shed uncertainty today; let experience-backed counsel from Carlson Bier carry your burden …because when it comes to losing what’s precious finding representation shouldn’t add pain: It should ease it.

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About Carlson Bier

Wrongful Death Lawyers in New Athens Illinois

At Carlson Bier, we not only empathize, but we endeavor to shoulder the pain and strain following a wrongful death in your family. As a top-tier personal injury attorney group dedicated specifically to Illinois law, we work relentlessly on your behalf to ensure justice is served when you need it most.

Wrongful death refers to situations where an individual loses life due an intentional act or negligence of another entity or person. An occurrence of such kind brings forth multitudes of error-propelling questions and heartbreaking feelings of injustice. Navigating through these murky moments requires not just seasoned expertise but also compassionate understanding – things that Carlson Bier excel at providing.

• Wrongful death encompasses more than simply murder cases; they may stem from negligent conduct like reckless driving, medical malpractice, construction accidents, etc.

• The aggrieved party called plaintiff (usually close family relatives) must prove the defendant’s guilt beyond reasonable doubt

• Standards for proof are less stringent in civil litigation for wrongful deaths compared to criminal trials

In anticipation of implementing rightful compensation pursuit strategies tailored for our clients’ specific circumstances: We carefully pore over details related to case merits like causation elements (defendant’s actions causing the fatality), viable evidences connecting those actions directly phonetically.indirectly to the demise), calculating damages including loss experienced apart from solely monetary aspects (like companionship loss), etc.

A pivotal point to grasp regarding wrongful death lawsuits within Illinois is that statutes applicable encompass both Surviving Act plus Wrongful Death Act.

Under Surviving Act:

• Legal representative holds rights for filing lawsuits bringing compensatory redressal claims related with injuries before deceased persons’ passing

• This tries compensating victims’ suffering until actual time they died from inflicted wounds along bodily discomforts emotional distresses

Under Wrongful Death Act:

• Right exists exclusive however subsequent deaths if representatives seem survivors who’re affected.

• Counts focus instead surviving individuals’ suffered losses economically non-economically relating victim’s untimely

Navigating these laws require expertise – something that Carlson Bier brings aboard along with humane sensibility. We strive for handling the post-tragic incidents legal intricacies while you and your family focus on dealing with grief as well as recovery in a peaceful atmosphere unbothered by piling paperwork or consistent postponations of justice.

Carlson Bier, an Illinois based proficient law firm believes firmly that every individual’s life holds immense value. When such precious lives are unjustly extinguished due to negligent actions of another, we step forward doggedly for seeking utmost compensation for the sorrow-stricken surviving members. And while monetary recompense can never really usher back the departed loved ones into your arms, it can alleviate some dire financial obstacles henceforth which may befall because of funeral expenses as well as bereavement aftermath.

As wrongful death claims have unique time constraints attached under Illinois’ statute constitution, quick but informed action serves beneficial especially during those tumultuous times when loss pain is hard-hitting. Therefore, trust our army attorney experts who will take decisive steps swiftly towards registering your rightful claim meanwhile ensuring you aren’t getting lost within jargon-loaded legalese or misplaced navigating varied daunting processes.

In light of all this information, we at Carlson Bier encourage anyone dealing with a situation involving wrongful death to reach out. Click the button below right away to control intrinsic distress before it gets overwhelming, and find out how much exactly your case could potentially be worth – lifting off one burden from your confronted difficulties midst grieving phase besides providing somewhat solace knowing that efforts are made ceaselessly behind court curtains until hopeful promises become real compensatory figures when attained rightful justice.




Remember: There’s no substitute for professional legal advice especially when circumstances present potential harm than good if dealt incorrectly governed by emotional turbulence added intermittent confusion rampantly spread attempt after such life-altering disaster occurrence misfortune. Lean on us, Carlson Bier, we are more than ready to fight for you and your loved ones – delivering not only articulate legal guidance but also comforting reassurance amidst stormy despair tides through our comprehensive knowledge of Illinois’ exacting laws related to wrongful death matters during such sensitive times filled with upheaval.

So don’t waste another moment, let us help you navigate through those troublesome hurdles right away – click below now to start your journey towards achieving much deserved justice quickly efficiently reinforced by absolute honesty relentless dedication end pursuing truth until favorable outcome appears bright flying colors concluding long-running treacherous litigious obstacle course marathon.

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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 New Athens

Areas of Practice in New Athens

Bicycle Collisions

Specializing in legal services for clients injured in bicycle accidents due to negligent parties' carelessness or risky conditions.

Flame Burns

Giving professional legal services for people of major burn injuries caused by occurrences or carelessness.

Healthcare Misconduct

Providing specialist legal support for clients affected by medical malpractice, including misdiagnosis.

Goods Responsibility

Taking on cases involving defective products, providing adept legal services to clients affected by faulty goods.

Senior Mistreatment

Protecting the rights of nursing home residents who have been subjected to malpractice in elderly care environments, ensuring restitution.

Stumble and Tumble Incidents

Specialist in dealing with stumble accident cases, providing legal advice to individuals seeking compensation for their damages.

Neonatal Injuries

Delivering legal support for families affected by medical malpractice resulting in newborn injuries.

Automobile Accidents

Mishaps: Concentrated on assisting victims of car accidents gain appropriate payout for harms and impairment.

Scooter Collisions

Committed to providing legal assistance for victims involved in bike accidents, ensuring adequate recompense for damages.

Semi Collision

Ensuring adept legal support for clients involved in big rig accidents, focusing on securing fair recovery for harms.

Building Site Accidents

Focused on advocating for workers or bystanders injured in construction site accidents due to carelessness or negligence.

Neurological Harms

Specializing in extending expert legal services for clients suffering from cerebral injuries due to negligence.

K9 Assault Wounds

Proficient in tackling cases for victims who have suffered harms from dog bites or animal attacks.

Cross-walker Crashes

Focused on legal support for cross-walkers involved in accidents, providing comprehensive support for recovering recovery.

Unjust Passing

Advocating for relatives affected by a wrongful death, offering compassionate and adept legal services to ensure justice.

Backbone Impairment

Focused on defending victims with spinal cord injuries, offering compassionate legal support to secure recovery.

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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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