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Wrongful Death Attorney in Newton

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About Carlson Bier Associates

In the heart-wrenching aftermath of a wrongful death, it’s crucial to align yourself with proficient legal support like Carlson Bier. Renowned throughout Illinois for comprehensive representation in wrongful death cases, they exhibit commendable skill and empathy that upholds your rights while relieving you of stressful legal procedurals. With unparalleled understanding of state statutes paired with an arduous dedication towards securing justice, Carlson Bier deftly navigates complex litigation, shielding grief-stricken clients from further anguish. Their adeptness at examining every compelling detail builds robust cases aimed at maximum compensation covering loss of earnings, funeral expenses and associated pain or suffering. Acknowledging each case’s distinctiveness fosters a tailored approach that optimizes chances for favorable settlements inside or outside courtrooms; thus exemplifying their dynamic strategy as personal injury lawyers teeming with proven proficiency and compassion. While Newton residents may find themselves needing this level of expertise after an unfortunate incident,the unwavering commitment shown by the distinguished team at Carlson Bier is worth remembering to help navigate through these challenging times following a wrongful death.

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About Carlson Bier

Wrongful Death Lawyers in Newton Illinois

At Carlson Bier, we understand the depths of grief and loss when a loved one’s life is tragically cut short due to negligence or misconduct from another party. Our firm specializes in Illinois law pertaining to wrongful death suits, offering expert legal advice and representation through these challenging times. A ‘wrongful death’ is defined as a fatality caused by someone else’s negligent or intentional act. If your family member has been a victim, you are entitled to file for compensation from those responsible.

When it comes to wrongful death cases, several scenarios can come into play. Some examples are motor vehicle accidents caused by drunk driving or otherwise reckless behaviour; medical malpractice leading to patient mortality; construction site accidents due to inadequate safety measures; fatalities caused by defective consumer products, and intentional acts such as assault or other types of violence that directly lead to death. The burden of proof lies on plaintiff (the deceased’s representative) showing that the defendant’s actions were either negligent or willfully harmful causing the loss.

Knowing what kind of damages can be pursued under Illinois laws can go a long way in understanding your rights after losing a loved one. The range often covers:

• Medical expenses prior to death

• Funerary/burial costs

• Loss of anticipated earnings until time of retirement/death

• Grief, sorrow, and mental suffering experienced by survivors

• Loss of companionship, guidance, moral support provided by deceased

The intricacies and nuances inherent in personal injury law warrant professional guidance – an area where our attorneys at Carlson Bier stand unmatched.

A significant factor about filing for wrongful death claims in Illinois is familiarizing yourself with the statute of limitations–or simply put–your timeframe for taking action. Most typically have two years from their loved-one’s death date under Illinois Law but exceptions exist depending on circumstances surrounding demise like foul play suspected etc., thus highlighting again why expert legal aid isn’t optional but necessity here.

Another key aspect to be mindful of is the distribution of compensation. Illinois law stipulates that death claim damages are distributed according to intestacy laws following a ‘next of kin’ hierarchy, starting from spouse and children, through siblings and parents, down to distant relatives. Any wrongful death settlement obtained thus permeates directly down this familial line.

Remember that each wrongful death case in Illinois is heavily fact-dependent. This makes gathering comprehensive evidence particularly critical – police reports, vehicle data, eyewitness testimonies can be invaluable assets when preparing your case with us at Carlson Bier. The amount and quality of supporting proof you provide during an initial attorney consultation often play pivotal roles in shaping your legal battle’s success trajectory.

We also empathize that legal fees could feel burdensome amidst coping with such personal loss; thereby we tirelessly aim at ensuring funding justice doesn’t become another worry vein for you: Our firm operates on a contingency fee basis which means no charges till you gain successful resolution or settlement from your suit.

Navigating losing a loved one while simultaneously attempting to understand the intricacies of wrongful death claims can be overwhelming without professional legal guidance. Let our dedicated team at Carlson Bier alleviate some of that burden by providing expert counsel and relentless advocacy on your behalf. We strive towards securing maximum compensation commensurate with your loss – bringing rightful accountability onto those who caused it meanwhile affording some degree closure during these tragic times.

As advocates committed to helping grieving families secure justice and restitution, our attorneys extend their expertise free via consultations allowing one-on-one discussions about unique situations prior proceeding legally-forward – proving once again why we stand unmatched!

Take control over your situation now! By simply clicking the button below, begin exploring what your case is worth alongside getting much needed support during these tragic times with top-tier legal representation that rightfully belongs by your side–get started today!

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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 Newton

Areas of Practice in Newton

Pedal Cycle Incidents

Dedicated to legal support for persons injured in bicycle accidents due to responsible parties' lack of care or perilous conditions.

Thermal Wounds

Supplying professional legal support for victims of grave burn injuries caused by events or misconduct.

Healthcare Incompetence

Offering dedicated legal services for persons affected by healthcare malpractice, including wrong treatment.

Commodities Responsibility

Addressing cases involving faulty products, extending professional legal guidance to clients affected by product malfunctions.

Aged Malpractice

Supporting the rights of aged individuals who have been subjected to mistreatment in elderly care environments, ensuring fairness.

Slip and Trip Mishaps

Skilled in addressing trip accident cases, providing legal assistance to sufferers seeking redress for their harm.

Neonatal Traumas

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

Car Incidents

Collisions: Dedicated to supporting clients of car accidents receive reasonable remuneration for wounds and losses.

Scooter Collisions

Specializing in providing representation for motorcyclists involved in motorcycle accidents, ensuring fair compensation for injuries.

Truck Mishap

Offering expert legal support for persons involved in trucking accidents, focusing on securing rightful settlement for damages.

Construction Collisions

Concentrated on defending workers or bystanders injured in construction site accidents due to carelessness or negligence.

Cerebral Damages

Specializing in delivering expert legal advice for patients suffering from cognitive injuries due to carelessness.

Dog Attack Harms

Proficient in dealing with cases for clients who have suffered damages from K9 assaults or wildlife encounters.

Pedestrian Accidents

Committed to legal assistance for walkers involved in accidents, providing professional services for recovering recovery.

Unfair Demise

Fighting for grieving parties affected by a wrongful death, delivering caring and adept legal assistance to ensure redress.

Backbone Harm

Dedicated to defending individuals with backbone trauma, offering dedicated legal support 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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