Wrongful Death Attorney in Paris

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About Carlson Bier Associates

Wrongful death can bring numerous unanticipated complications. Amidst the turbulence of loss, choosing a reliable attorney is crucial and Carlson Bier stands as an unparalleled option within Illinois. Providing top-tier legal services over several years, our firm specializes in wrongful death cases thus assuring comprehensive understanding on how to navigate this complex process. We offer more than just legal proficiency; we shed light on every possible path to justice for your loved one’s untimely demise. Although there are many personal injury law firms, Carlson Bier takes pride in its reputation for vigorous advocacy, empathetic counsel and achieving significant outcomes that help ease the pain of your loss and protect your interests. Each case we handle is marked by meticulous preparation and uncompromising commitment towards seeking justice as swiftly as possible without compromising thoroughness or humanitarian considerations. In difficult times when life becomes intertwined with law, you need Carlson Bier – a firm which has turned countless jarring notes into harmonious outcomes by bringing treatable resolutions to wrongful deaths under Illinois jurisdiction.

About Carlson Bier

Wrongful Death Lawyers in Paris Illinois

At Carlson Bier, we firmly believe in securing justice and rightful compensation for victims of unfortunate incidents. As experienced personal injury attorneys based in Illinois, we specialize in overcoming legal hurdles to help our clients find closure. Vital among such cases are those related to wrongful death lawsuits – often deeply emotionally charged due these revolving around fatalities triggered by another party’s negligence.

The process surrounding wrongful death litigation is complex and requires an astute understanding of the law. Essentially, it dwells on a situation emanating from fatal injuries that result from negligent or careless actions of another individual or entity. The law allows immediate family members(or an appointed representative)– typically spouses, children and sometimes parents – to file a civil lawsuit seeking monetary damages caused by their loss.

Navigating this demanding legal procedure necessitates more than just cursory knowledge; it demands a level of expertise and diligence harbored by seasoned professionals like us at Carlson Bier. It’s important to understand the factors adjudicators consider when handling wrongful death claims:

• Proof that the defendant’s actions led directly or indirectly to the victim’s death.

• Evidence of negligence or harmful intent on part of the accused.

• Verification of financial hardships suffered by surviving family members as a consequence of untimely departure.

• Certification asserting survivors’ relationship with the deceased.

These elements establish fundamental grounds upon which your claim stands strong during court proceedings under guidance from proficient lawyers well-versed in handling such sensitive matters.

Carlson Bier dedicates its vast wealth accumulated over years practicing personal injury law towards achieving positive outcomes for our clients. Testament to our success lies within myriad satisfied families who’ve seen justice achieved notwithstanding tragedy befallen dearly departed loved ones.

Understanding Wrongful Death further uncovers specific instances relevant particularly amongst residents within Illinois state boundaries; vehicular accidents being most common among substantive causes followed distantly by medical malpractice issues connected primarily with errors involved with diagnosis/treatment. Workplace accidents too claim significant proportion necessitating required legal recourse for reparation.

Furthermore, statute limitation considerations in filing such lawsuits play a vital role, presently being 2 years post date of passing away. However, there exist certain exceptions depending on circumstances leading upto tragic event which may potentially provide additional timeframe to initiate proceedings.

While wrongful death cases orbit around profound loss, intentionally hurtful actions enter realms of ‘Survival Actions’, where individuals acting maliciously and causing death end up facing potential punitive damages. Such nuances are best understood and capitalized when handled by dedicated legal counsellers well-versed understanding intricate aspects governing Illinoian law perspective towards these issues.

Teams at Carlson Bier pride delivering comprehensive guidance ensuring families understand intricacies involved through what’s inevitably a tough period whilst providing adequate support enabling them make informed decisions concerning rightful claims.

In essence, pursuing wrongful death litigation isn’t just a way to secure financial stability after undergoing an immeasurable loss; it also contributes toward holding responsible parties accountable in court thereby deterring repetition by individuals or organizations down the line. Thereby your pursuit helps cultivate safer ecosystem preventing others from undergoing similarly painful experiences going forward.

As you tread this difficult path remember that help is readily available. At Carlson Bier we stand resolute alongside families irrevocably affected confronting all daunting legal challenges meanwhile ensuring financial security during uncertain times following loved one’s untimely departure.

Take that step today – connect with our team of accomplished lawyers committed in their quest seeking justice on behalf victims wronged in most irreversible manner possible under Illinois jurisdiction. Click on the button below to discover tentative estimations relating compensation magnitude – intrinsic part eventual aid facilitating course realization within comfort provided by professionals possessing profound acumen harmonized optimally alongside compassionate approach resonating true spirit balanced jurisprudence substructure upon which rests principles serving as beacon guiding society forward incessantly.

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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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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 Paris

Areas of Practice in Paris

Bike Mishaps

Focused on legal advocacy for clients injured in bicycle accidents due to others' indifference or unsafe conditions.

Fire Damages

Extending specialist legal services for people of intense burn injuries caused by accidents or misconduct.

Medical Incompetence

Offering expert legal assistance for clients affected by clinical malpractice, including surgical errors.

Items Fault

Handling cases involving faulty products, extending skilled legal support to consumers affected by product malfunctions.

Nursing Home Neglect

Advocating for the rights of elders who have been subjected to neglect in care facilities environments, ensuring protection.

Fall & Tumble Occurrences

Adept in addressing fall and trip accident cases, providing legal services to victims seeking justice for their losses.

Childbirth Harms

Supplying legal aid for families affected by medical carelessness resulting in newborn injuries.

Automobile Collisions

Accidents: Devoted to aiding sufferers of car accidents get equitable payout for injuries and impairment.

Two-Wheeler Mishaps

Expert in providing legal assistance for riders involved in motorbike accidents, ensuring rightful claims for harm.

18-Wheeler Accident

Ensuring expert legal assistance for victims involved in trucking accidents, focusing on securing adequate recompense for injuries.

Construction Mishaps

Committed to defending workmen or bystanders injured in construction site accidents due to negligence or irresponsibility.

Cerebral Injuries

Dedicated to offering compassionate legal representation for individuals suffering from head injuries due to carelessness.

Dog Attack Harms

Specialized in addressing cases for individuals who have suffered traumas from dog bites or animal assaults.

Jogger Incidents

Focused on legal services for cross-walkers involved in accidents, providing professional services for recovering compensation.

Unwarranted Demise

Fighting for loved ones affected by a wrongful death, extending caring and expert legal guidance to ensure compensation.

Spinal Cord Injury

Specializing in advocating for patients with spine impairments, offering expert legal guidance to secure compensation.

Contact Us Today if you need a Person Injury Lawyer