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Wrongful Death Attorney in New City

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About Carlson Bier Associates

If you’re dealing with a wrongful death claim in New City, choosing Carlson Bier can be your decisive step towards justice. This highly regarded Illinois firm specializes in personal injury law, particularly wrongful death cases. Expertise and experience make them stand out; they bring vast knowledge of the complexities surrounding this emotional legislation area. At Carlson Bier, each case is handled with sensitivity and efficiency, ensuring that those affected receive closure while pursuing deserved compensation for their irreplaceable loss. You’ll appreciate their negotiation skills when dealing with insurance companies or opposing counsel—ensuring maximum settlement for your unique situation is their prime priority. Facing painful uncertainty? Don’t bear this alone—turn to the expert advice of Carlson Bier attorneys who understand what matters most at such challenging times: assuaging your fears, clarifying legal complexities and ultimately securing justice for lost lives under unfortunate circumstances through tireless advocacy within every facet of Illinois’ rigorous legal system.

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About Carlson Bier

Wrongful Death Lawyers in New City Illinois

At Carlson Bier, we understand the profound emotional and financial toll that a wrongful death can inflict on those left behind, and it is our solemn pledge to provide compassionate representation while fighting to ensure you receive the justice and compensation you rightly deserve. Wrongful deaths result from negligent or deliberate actions by an individual or entity that leads directly to another’s untimely demise. As a leading personal injury law firm based in Illinois, Carlson Bier possesses expert knowledge of state-specific laws regarding such cases.

Wrongful death claims cover various circumstances where negligence or unjust action has led to fatality. Some scenarios include medical malpractice, vehicular accidents, work-related fatalities linked to safety violations, defective product-induced deaths, among others. What binds these cases is the fact they could have been preventable if due care were exercised.

Notably, certain rights are exclusive to specific individuals when filing wrongful death lawsuits. Predominantly in Illinois:

– The surviving spouse and children are typically first entitled.

– If no spouse or children exist, parents or siblings of the deceased may step forward.

– Proving fault isn’t blanket; consequently depending not only on showing negligence but how this contributed significantly towards causing the fatal incident.

The legal journey following a wrongful death loss involves specifying recoverable damages under established Illinois laws with precision vital for assuring appropriate compensation. Among these damages:

– Potential earnings throughout what would presumptively have been the remainder of the deceased’s life-time can be claimed for potential dependents.

– Grieving relatives may also seek recompense for emotional turmoil experienced as a result of their tragic loss.

– Funeral expenses reduction also fall into remuneration scope alongside any medical costs incurred preceding death associated with negligent actions sparking fatality.

In this domain however exists statutes of limitations asserting time limits within which rightful claimants must commence proceedings post occurrence date – typically 2 years in Illinois unless exceptional conditions apply; thus access prompt legal advice is essential. Be aware that each wrongful death circumstance is unique, making eligibility, proceedings specifics and achievable damage rewards variable case-by-case.

Carlson Bier’s expertise ensures we carry weighty experience in dissecting these complex constructs intricately entwining around wrongful death litigation. Leaning into our resources means maximizing claims potential – meaning those left behind center on healing without financial worry lurking ominously as they navigate through unimaginably tough times.

Ethical conduct forms the cornerstone of Carlson Bier firm protocols; consequently, you won’t find client solicitation drowning in false location claims contrary to Illinois-imposed prohibitions. Accurate representation reflects an endeavor echoing throughout our operations aligning with absolute truths aligning with physical office presence.

As harrowing realizations synonymous with losing a loved one starts settling uninvited into life’s tapestry, be cognizant that wild winds of change may whip ruthless storms your way but anchors do exist to steady this often-overwhelming course. Swift access to proficient attorneys at Carlson Bier can help convert devastating aftermaths blooming out from negligent actions marring lives forever into revived faith affirming ‘justice served’!

Take decisive control today by asserting rightful claims invoking justice delivery process wheels firmly placing responsibilities onto culpable shoulders. We encourage readers reaching the end of this educational tract underlining key considerations spiraling within the Wrongful Death concept realm confidently discovering newfound legal understanding infused with empowering knowledge nuggets vital for guiding next-step decisions riding such turbulent tides. Therefore click below button immediately triggering sought answers unveiling exclusive offerings mapping your case worth possible under surefooted guidance steering towards deserved compensation horizons.

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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 City

Areas of Practice in New City

Pedal Cycle Incidents

Dedicated to legal representation for individuals injured in bicycle accidents due to others' recklessness or perilous conditions.

Thermal Injuries

Giving adept legal advice for sufferers of severe burn injuries caused by events or recklessness.

Medical Malpractice

Ensuring professional legal representation for persons affected by medical malpractice, including negligent care.

Merchandise Accountability

Addressing cases involving faulty products, delivering professional legal assistance to customers affected by defective items.

Elder Misconduct

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

Stumble and Trip Mishaps

Specialist in handling tumble accident cases, providing legal services to clients seeking redress for their suffering.

Birth Damages

Supplying legal assistance for households affected by medical misconduct resulting in birth injuries.

Car Collisions

Collisions: Focused on guiding patients of car accidents receive appropriate settlement for wounds and losses.

Bike Accidents

Expert in providing legal services for riders involved in scooter accidents, ensuring justice for harm.

Semi Crash

Providing specialist legal services for clients involved in big rig accidents, focusing on securing appropriate settlement for hurts.

Construction Site Accidents

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

Head Traumas

Expert in extending compassionate legal services for persons suffering from head injuries due to accidents.

Dog Attack Injuries

Proficient in managing cases for clients who have suffered damages from K9 assaults or beast attacks.

Jogger Accidents

Dedicated to legal representation for joggers involved in accidents, providing expert advice for recovering claims.

Unfair Passing

Advocating for relatives affected by a wrongful death, delivering understanding and professional legal services to ensure fairness.

Neural Damage

Expert in assisting persons with spine impairments, offering expert legal support 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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