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Wrongful Death Attorney in New Baden

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About Carlson Bier Associates

When seeking justice for a wrongful death, choosing the right legal partner can make all the difference. The attorney group at Carlson Bier, renowned in Illinois for their expertise in handling personal injury cases, is equipped to represent you with intelligence and empathy. Their wrongful death attorneys dive deep into case details to seek truth and justice for your loved one’s untimely demise, making them invaluable allies in this challenging journey. Acclaimed statewide for tenaciously advocating their clients’ interests, they offer substantial experience in achieving fair compensation under Illinois law. They understand that while financial recompense cannot replace your loss; it can certainly help alleviate some of the associated financial distresses by covering medical bills or lost income potential of dearly departed ones. This team takes immense pride being seen as pillars of empowerment against injustices relating to wrongful deaths – relentlessly fighting both inside and outside courtrooms to assist those grieving navigate tenuous legal landscapes effortlessly; offering not only professional assistance but also emotional support when needed most.

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About Carlson Bier

Wrongful Death Lawyers in New Baden Illinois

At Carlson Bier, our expert personal injury attorneys are committed to providing top-notch legal support to clients navigating the tumultuous waters of wrongful death circumstances. Based in Illinois, we strive to educate our current and potential clients about the intricate details surrounding wrongful death incidences by offering valuable information aimed at helping you understand this specific area of law with ease.

We start from what truly counts – comprehending what constitutes a ‘wrongful death.’ Simply put, wrongful death occurs when someone’s negligent or intentional actions directly lead to another person’s demise. In such cases, the bereaved family has a right under Illinois law to seek justice for their deceased loved one by bringing forth a wrongful death lawsuit. The unique aspect? Wrongful death suits are civil litigation and not criminal trials – therefore it operates on different rules than mainstream court proceedings.

• Who can sue? In Illinois, the immediate family members – typically spouses, parents or children have primary standing in court.

• When to sue? Within two years from the occurrence of barred dates (date of injury causing the untimely passing or date of demise).

• How much allowance is permissible? It covers compensation for grief, sorrow & nonmonetary loss relevant individuals have experienced due to their loved ones’ passing; also expenses correlating with funeral/burial costs.

Understanding these points sets foundation stones upon which rests your claim’s journey through courtroom deliberation. This individualistic trajectory depends largely on key factors such as comprehensible evidence substantiating negligence or misconduct resulting in fatality, capability of defendants to pay damages and your attorney’s aptitude in handling such sensitive matters diligently.

The extraordinary team at Carlson Bier stands tall amidst league players when it comes down to carefully dealing with wrongful death lawsuits. Our proven track record coupled with an innate proficiency makes us aptly suited for representing you aggressively while maintaining utmost sensitivity towards your situation. We meticulously comb through detailed finer aspects paying heed even to minute evidences – thus ensuring strong standing for your claim in court.

Sometimes, a wrongful death lawsuit may unearth the necessity of supplemental lawsuits. This can include survival actions where compensation is sought for the pain & sufferings deceased went through between the injury and actual time of passing, or derivative suits filed by family members on behalf of decedent’s estate. Rest assured, our seasoned attorneys accurately distinguish between these intricacies to best represent your interests.

Navigating this emotionally taxing legal journey becomes less burdensome when you have a capable attorney like those at Carlson Bier accompanying you. Our client-centric approach makes us zealously advocate for justice on your behalf while easing your path towards closure with both dignity & resilience.

It’s crucial to understand no monetary amount can truly compensate for the emotional loss experienced due to untimely demise of loved ones. However, pursuing a wrongful death lawsuit ensures wrongdoers are held accountable while providing financial reprieve that assists bereaved families during such overwhelming times. The competent lawyers at Carlson Bier assure commitment towards securing maximum permissible compensation under Illinois law – leaving you with peace-of-mind amidst chaos.

To leverage expert guidance about complexities surrounding wrongful death claims and ascertain how much weight does your case holds potentially within confines of Illinois specifically; simply click the button below. Our exceptional team will provide free consultation mirroring transparency, compassion and unparalleled expertise – ultimately aiding you in understanding what’s truly worth fighting for within court premises while making perpetrators answerable for their negligent conduct leading to irreplaceable losses. Allow us to help translate legislative jargon into clear directives tailored uniquely around circumstances warranting close attention and deserving rightful justice.

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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 Baden

Areas of Practice in New Baden

Pedal Cycle Crashes

Dedicated to legal representation for people injured in bicycle accidents due to others' lack of care or unsafe conditions.

Flame Traumas

Giving professional legal assistance for victims of intense burn injuries caused by mishaps or misconduct.

Clinical Incompetence

Extending expert legal services for individuals affected by physician malpractice, including wrong treatment.

Commodities Responsibility

Addressing cases involving problematic products, supplying skilled legal help to clients affected by defective items.

Geriatric Abuse

Defending the rights of the elderly who have been subjected to neglect in aged care environments, ensuring compensation.

Tumble & Fall Incidents

Professional in dealing with slip and fall accident cases, providing legal representation to clients seeking recovery for their suffering.

Birth Wounds

Providing legal aid for relatives affected by medical malpractice resulting in birth injuries.

Auto Accidents

Crashes: Concentrated on supporting patients of car accidents gain equitable settlement for hurts and harm.

Motorbike Incidents

Focused on providing representation for victims involved in scooter accidents, ensuring just recovery for losses.

Truck Accident

Offering experienced legal services for victims involved in big rig accidents, focusing on securing adequate compensation for harms.

Construction Site Accidents

Committed to representing workmen or bystanders injured in construction site accidents due to carelessness or negligence.

Neurological Impairments

Focused on offering dedicated legal representation for victims suffering from cerebral injuries due to carelessness.

Dog Attack Traumas

Expertise in dealing with cases for people who have suffered harms from canine attacks or animal attacks.

Jogger Mishaps

Committed to legal services for walkers involved in accidents, providing expert advice for recovering restitution.

Wrongful Loss

Working for bereaved affected by a wrongful death, supplying compassionate and professional legal guidance to ensure fairness.

Spinal Cord Damage

Dedicated to defending patients with spine impairments, offering expert legal services 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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