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Wrongful Death Attorney in Newman

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About Carlson Bier Associates

When facing the tragic aftermath of wrongful death, choosing a proficient attorney is crucial to ensure justice. Carlson Bier, an established Illinois-based law firm excels in providing expert legal counsel for such cases. Our extensive experience in handling complex Wrongful Death claims comes with an assurance of relentless pursuit for truth and compensation due. At Carlson Bier, we understand that each case bears unique circumstances and requires focused attention – our personalized approach ensures your case receives the consideration it deserves. Our collective expertise lies not only in understanding Illinois laws but also utilizing them effectively ensuring maximum benefit for grieving families grappling with untimely loss.We are committed to delivering results marinated with integrity, honesty and professionalism. As one navigates through this daunting process amidst already tense emotions; having a team like ours behind you can make an immense difference.Choosing us will engage unmatched tenacity targeted at your service.You do not need to embark on this emotionally distressing journey alone- allow us at Carlson Bier to shoulder your burden as we skilfully champion for righteous outcomes-because every life counts.

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About Carlson Bier

Wrongful Death Lawyers in Newman Illinois

At Carlson Bier, we specialize in personal injury law, providing trusted legal services to clients throughout Illinois. A vital area of our practice involves handling Wrongful Death cases – an often complex and emotionally draining terrain in the legal landscape. We understand how devastating it is to lose a loved one unexpectedly due to another’s negligence or wrongful act. Our seasoned lawyers strive to guide you through this difficult time with empathetic professionalism while relentlessly pursuing justice for your lost loved one.

Wrongful death cases arise when someone dies as a result of negligent, reckless or intentional actions by another party. Common instances include car accidents caused by drunk drivers, workplace incidents resulting from safety violations, or medical malpractice where health practitioners fail in their duty of care. These tragic events can leave families grappling not only with grief but also significant financial burden through loss of income and end-of-life expenses.

At Carlson Bier, we know the pursuit of justice under these circumstances requires meticulous attention to detail—rigorous investigation into the incident; strategic case building; and firm negotiations for compensation that fully acknowledges your loss. Our team has accumulated vast experience over many years helping clients successfully navigate this delicate process.

Here are some critical elements involved in filing a wrongful death claim:

• Establish proof: The first step towards successful litigation is proving that someone else’s negligence directly led to the death.

• Calculate damages: This includes tangible costs such as funeral expenses, lost future earnings and benefits along with intangible factors like emotional anguish.

• Pursue recovery: It’s crucial to identify all potential sources of recovery including any insurance benefits available

Being conversant with Illinois’ Wrongful Death Act defines who can file a lawsuit following wrongful death—one important aspect our expert attorneys help clarify. In most scenarios, immediate family members (torchbearers/next-of-kin) such as spouses or children have standing rights hereunder; occasionally extended family members may be permitted depending on specific circumstances surrounding the case.

We believe in keeping our clients informed about their rights and options while responsibly handling the legal complexities. Our dedication to providing thorough, evidence-based advocacy focused on securing maximum compensation is quintessential Carlson Bier promise.

Trust us when we say, you don’t have to navigate this devastating ordeal by yourself. Legal processes can often appear intimidating. We’ve made it our mission to simplify these for you, breaking down complicated clauses within legalese into easily understandable parts, ensuring clarity and certainty every step of the way.

What makes Carlson Bier standout among other law firms is our unwavering commitment to your cause coupled with ethical practice that always puts your needs at the forefront. With deep-rooted belief in justice-for-all principle, we strive tirelessly to ensure each client receives personalized attention they deserve and rightful restitution they require.

Remember – you are entitled to seek fair compensation for unjust loss inflicted upon your family under Illinois law. It’s critical that this lawsuit be initiated promptly as governed by ‘statute of limitations’ rules circumscribing timeframe allowable for filing a wrongful death claim; delay might risk precluding legitimate claims indefinitely.

As daunting as it may sound, choosing the right personal injury attorney makes a significant difference enabling desirable outcomes from otherwise overwhelming scenarios. If weighing pros-and-cons were an olympic sport—Carlson Bier would emerge victorious amongst personal injury attorneys renowned for excellently managing Wrongful Death cases in Illinois.

Our promise binds lasting-relationships founded on trust reflecting many satisfied clients who’ve availed our expert services time-and-again over years building strong reviews testifying relentless efforts towards delivering true value—beyond mere words.

Taking that first step can be hard; Carlson Bier wants to lend you strength making it easier. Want insight about possible value attributed towards your specific circumstance? Click on button below—an entirely obligation-free tool designed specifically according skeptics assurance regarding genuine intentions underlying skilful advocacy symbolising Carlson Bier. Be it seeking justice or simply understanding your rights, consider reaching out—because nothing matters more than knowing you are not alone!

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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 Newman

Areas of Practice in Newman

Two-Wheeler Incidents

Proficient in legal representation for clients injured in bicycle accidents due to responsible parties' carelessness or perilous conditions.

Fire Wounds

Offering professional legal advice for individuals of grave burn injuries caused by accidents or recklessness.

Healthcare Malpractice

Delivering professional legal advice for victims affected by clinical malpractice, including misdiagnosis.

Products Liability

Taking on cases involving faulty products, offering skilled legal guidance to victims affected by product-related injuries.

Elder Misconduct

Protecting the rights of the elderly who have been subjected to abuse in care facilities environments, ensuring fairness.

Slip and Trip Occurrences

Professional in handling fall and trip accident cases, providing legal services to victims seeking recovery for their injuries.

Birth Harms

Extending legal aid for households affected by medical carelessness resulting in newborn injuries.

Auto Accidents

Accidents: Committed to supporting clients of car accidents get reasonable compensation for hurts and harm.

Bike Collisions

Focused on providing legal advice for bikers involved in scooter accidents, ensuring justice for injuries.

Big Rig Crash

Offering experienced legal services for drivers involved in truck accidents, focusing on securing rightful claims for injuries.

Building Site Collisions

Engaged in supporting staff or bystanders injured in construction site accidents due to oversights or misconduct.

Neurological Damages

Committed to extending expert legal representation for clients suffering from cerebral injuries due to misconduct.

K9 Assault Injuries

Specialized in managing cases for people who have suffered wounds from puppy bites or animal assaults.

Pedestrian Crashes

Dedicated to legal representation for joggers involved in accidents, providing effective representation for recovering recovery.

Wrongful Fatality

Striving for loved ones affected by a wrongful death, extending empathetic and professional legal assistance to ensure justice.

Spinal Cord Harm

Specializing in assisting patients with backbone trauma, offering dedicated legal services to secure settlement.

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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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