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Wrongful Death Attorney in Nokomis

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About Carlson Bier Associates

Enduring the pain of losing a loved one can be devastating, but when it results from another’s negligence, it adds an extra layer of distress. At Carlson Bier, we combine compassion with unmatched legal acumen to fight for justice on behalf of your departed loved ones. Through our unsurpassed mastery in handling wrongful death cases across Nokomis and beyond, we have honed investigative strategies that pinpoint culpability and secure rightful compensation. As guardians of trust for numerous clientele, our dedication is unshakeable; providing diligent representation while empathizing with your sorrow during this arduous time. Choosing Carlson Bier means you’re selecting more than just a law firm; you are choosing resilience against injustice and choosing closure in the memory of those lost unexpectedly due to willful misconduct or carelessness. Our robust knowledge built upon years serving justice statewide marks us an irrefutable force within wrongful death litigation sphere — guiding clients towards much-deserved peace amidst their untold anguish.

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About Carlson Bier

Wrongful Death Lawyers in Nokomis Illinois

At Carlson Bier, our priority is to provide diligent and compassionate legal assistance to families impacted by unfortunate events leading to wrongful death. Operating within the complex realm of Illinois law, we possess extensive experience representing clients who have been party to this devastating and life-altering loss.

In a legal context, “wrongful death” refers to the demise of an individual caused by another person or entity’s negligence or harmful intent. This distressing event triggers emotional turmoil for bereaved family members and often considerable financial implications-resulting from lost income, medical costs, funeral expenses, etc.

Here are important points about Wrongful Death in Illinois that you need to understand:

• A wrongful death claim can be brought forward when a fatality arises directly from another party’s misconduct or negligence.

• The claim must typically be filed within two years from the date of the deceased’s passing.

• Only a personal representative of the deceased (family member/appointed executor) can file for wrongful death.

• Legal remedies can seek compensation for pain and suffering endured by the deceased prior to their passing; loss of love, society and companionship experienced by immediate family; monetary damages resulting from loss of support or services provided by the deceased.

When dealing with such profound personal grief compounded with intricate legal procedures, choosing the right advocate is crucial. Having a seasoned personal injury lawyer walk you through each step is invaluable. Our attorneys at Carlson Bier are well-versed in understanding your needs during this arduous time while ensuring no stone remains unturned in pursuing justice on behalf of your loved one’s tragic demise.

Our level-headed approach enables us to delicately balance honoring your emotional needs while ardently pushing forward with litigation efforts, irrespective of whether it involves persuasively negotiating with insurance companies or presenting your case before a court jury if necessary.

Every case has unique elements owing to numerous factors such as nature and cause of death, involved parties’ conduct pre/post incident, and the particulars of grief-stricken relatives. Thus, it becomes imperative that your personal injury attorney possesses not just adequate knowledge but also in-depth understanding to tailor their legal strategy suiting your specific circumstances. At Carlson Bier, we bring all these key strengths while approaching every case with sensitivity, professionalism and a winning attitude.

It’s critical to remember that no compensation can truly make up for your profound loss; however, achieving a sense of justice through successful litigation provides much-needed closure and financial stability aiding families deal better with their changed lives post such incidents. Our aim is to relieve you from worrying about the daunting legal intricacies so you may focus solely on healing and supporting each other during this challenging time.

Connect with us today at Carlson Bier; let our expertise in wrongful death cases pave the way towards obtaining rightful compensation as efficiently as possible. We invite you to click on the button below for an obligation-free consultation inclusive of a comprehensive analysis of your case’s worth – because we believe that genuine assistance begins well before any formal commitments are undertaken. Your quest for peace begins here; allow us to accompany you along this journey.

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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 Nokomis

Areas of Practice in Nokomis

Bicycle Crashes

Dedicated to legal support for people injured in bicycle accidents due to other parties' recklessness or perilous conditions.

Scald Wounds

Extending adept legal services for individuals of severe burn injuries caused by incidents or indifference.

Healthcare Incompetence

Extending specialist legal services for persons affected by clinical malpractice, including wrong treatment.

Merchandise Fault

Taking on cases involving faulty products, supplying adept legal help to clients affected by harmful products.

Elder Neglect

Protecting the rights of seniors who have been subjected to malpractice in nursing homes environments, ensuring protection.

Fall and Stumble Injuries

Skilled in managing stumble accident cases, providing legal services to individuals seeking compensation for their losses.

Birth Harms

Delivering legal guidance for loved ones affected by medical malpractice resulting in birth injuries.

Motor Mishaps

Crashes: Concentrated on assisting sufferers of car accidents obtain just recompense for harms and harm.

Two-Wheeler Incidents

Specializing in providing legal advice for riders involved in motorcycle accidents, ensuring just recovery for damages.

Truck Collision

Offering experienced legal assistance for individuals involved in trucking accidents, focusing on securing just claims for hurts.

Building Site Incidents

Concentrated on supporting staff or bystanders injured in construction site accidents due to carelessness or recklessness.

Cerebral Traumas

Specializing in delivering professional legal advice for individuals suffering from cerebral injuries due to accidents.

Dog Attack Damages

Expertise in dealing with cases for victims who have suffered injuries from puppy bites or creature assaults.

Jogger Crashes

Specializing in legal services for foot-travelers involved in accidents, providing professional services for recovering restitution.

Unwarranted Loss

Working for relatives affected by a wrongful death, extending sensitive and adept legal representation to ensure fairness.

Spine Damage

Committed to assisting persons with paralysis, offering professional 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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