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Wrongful Death Attorney in Paw Paw

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About Carlson Bier Associates

At Carlson Bier, we understand the devastating impact that a wrongful death can have on families. Navigating through loss and legal procedures simultaneously is not just challenging, but emotionally draining. Our experienced group of attorneys specializes in handling such cases with compassion, ensuring your loved ones receive justice. Serving Paw Paw citizens, our expertise lies in meticulously examining every detail to build a robust case for you. Our high success rate attests to our competency and dedication towards securing reasonable compensation for medical expenses, funeral costs or lost wages due to sudden death of your dear one – optimizing all potential areas of recovery under Illinois law itself. Furthermore, we offer contingency-based services; this implies clients pay when they win their due compensation—making seeking justice an affordable endeavor at Carlson Bier. Trust us with your wrongful death claims- because at Carlson Bier we believe everyone deserves highest level of professional representation during their darkest hours.

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About Carlson Bier

Wrongful Death Lawyers in Paw Paw Illinois

At Carlson Bier, your well-being is our paramount concern. In an unfortunate instance where you experience the devastating loss of a loved one due to wrongful death in Illinois, you can rely on us to provide expert legal guidance and representation. Wrongful death generally refers to situations where someone’s negligence or intentional act causes the death of another person. It’s one of the complex cases that requires thorough investigation and analysis by seasoned professionals and our dedicated team at Carlson Bier are adept in dealing with such matters.

As personal injury attorneys who specialize in wrongful death cases, we understand Illinois laws pertaining to this area intricately. According to law, families can seek damages from responsible parties from several fronts –

• Medical expenses incurred before a victim’s passing

• Funeral and burial costs

• Grief, sorrow, and mental suffering experienced by next of kin

• Loss of monetary benefits family would have received if not for their loved one’s premature demise

Of note is that under Illinois law only specific individuals are allowed to file wrongful death claims; namely the deceased’s spouse or immediate next-of-kin (children or parents). This is just one example among many intricate aspects surrounding wrongful death cases which highlights why engaging skilled legal counsel like ours is crucial.

One key principle we stand by at Carlson Bier Associates LLC is treating each case with utmost care. We recognize that no amount of financial compensation could bring back your loved ones but ensuring justice prevails provides closure and helps ease monetary burdens arisen because of this tragic loss.

The statute of limitation for filing wrongful death claim varies across states. Here in Illinois it’s usually two years from when the deceased passed away – though exceptions apply depending on circumstances surrounding individual cases. Our astute team carries out comprehensive assessments promptly so as not lose out on any ground owing to time limitations.

When handling these sensitive matters at Carlson Bier Associates LLC we strive relentlessly pursuing those responsible while offering compassionate support during this challenging time. Ours is not just any other law firm – it’s a sanctuary where your pain and loss are heard, understood, taken seriously and used as motivation to fight for justice.

Effectively proving liability in wrongful death cases can be daunting though. Piecing together evidence requires expert skills which our savvy legal team possesses. We methodically gather facts then meticulously analyze them using detailed knowledge of statutes so that we establish responsibility beyond reasonable doubt. Understanding these intricate factors tacitly is fundamentally important when drafting claims hence why working with us at Carlson Bier would improve your chances of winning recompense significantly.

Our dedication towards upholding justice extends beyond borders and boundaries but please bear in mind we do not imply having offices outside Illinois. Our physical office location notwithstanding, know you can count on us to shoulder this burden alongside you regardless where you’re situated within state lines.

Now that we’ve helped unpack the complexities surrounding wrongful death cases across Illinois, the ball rests squarely in your court now.

Should you find yourself dealing with such an unfortunate circumstance or even suspect foul play leading to loss of a loved one – remember there’s distinguished legal assistance available right here at Carlson Bier Associates LLC.

Legal proceedings might be the last thing on your mind in such trying times that’s understandable but remember it’s key towards seeking redress financially speaking while also helping unmask culprits so they face requisite consequences thus preventing future occurrences.

So go ahead – click on the button below to unveil potential worth of your case then let us assist exploring viable options available under laws pertaining wrongful deaths here in Illinois because ultimately justice served brings about closure; a crucial step toward healing from such monumental losses.

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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 Paw Paw

Areas of Practice in Paw Paw

Bicycle Collisions

Dedicated to legal services for clients injured in bicycle accidents due to negligent parties' negligence or dangerous conditions.

Fire Injuries

Extending specialist legal assistance for people of major burn injuries caused by mishaps or carelessness.

Clinical Malpractice

Extending experienced legal support for persons affected by hospital malpractice, including wrong treatment.

Products Responsibility

Dealing with cases involving defective products, offering specialist legal services to clients affected by harmful products.

Nursing Home Abuse

Supporting the rights of the elderly who have been subjected to neglect in elderly care environments, ensuring protection.

Slip and Tumble Occurrences

Specialist in tackling stumble accident cases, providing legal advice to persons seeking recovery for their damages.

Neonatal Injuries

Providing legal assistance for loved ones affected by medical misconduct resulting in neonatal injuries.

Car Incidents

Crashes: Committed to guiding patients of car accidents get fair payout for injuries and destruction.

Two-Wheeler Mishaps

Specializing in providing legal assistance for victims involved in two-wheeler accidents, ensuring fair compensation for damages.

Big Rig Crash

Ensuring expert legal assistance for individuals involved in big rig accidents, focusing on securing rightful recovery for hurts.

Construction Incidents

Concentrated on representing employees or bystanders injured in construction site accidents due to oversights or misconduct.

Cerebral Injuries

Committed to providing dedicated legal services for persons suffering from cognitive injuries due to misconduct.

Canine Attack Harms

Proficient in dealing with cases for individuals who have suffered wounds from dog attacks or creature assaults.

Cross-walker Mishaps

Focused on legal assistance for walkers involved in accidents, providing effective representation for recovering claims.

Unjust Fatality

Working for grieving parties affected by a wrongful death, supplying understanding and skilled legal representation to ensure restitution.

Spinal Cord Damage

Expert in defending patients with backbone trauma, offering specialized legal guidance 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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