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Wrongful Death Attorney in Paxton

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About Carlson Bier Associates

When faced with the tragedy of a wrongful death, you need compassionate counsel and aggressive representation. Carlson Bier excels in providing this delicate balance to Paxton residents seeking justice. Our law firm is distinguished for its specialization in Wrongful Death cases, possessing an intricate understanding of Illinois statutes pertaining to these unique circumstances. Our skilled attorneys are seasoned negotiators and tenacious litigators who will fight relentlessly for your rights against those at fault, focused on obtaining maximum compensation for economic loss, emotional detriment, and more. We bring our formidable courtroom experience to bear while dealing with insurance companies or negligent parties hindering just settlements. With Carlson Bier on your side, you gain the backing of dedicated legal professionals widely recognized across Illinois for their expertise in Wrongful Death lawsuits – we extend our adept services tirelessly to support bereaved families outlying Paxton too during their most challenging times by driving towards rightful resolution they deserve. Choose Carlson Bier when it’s more than just a verdict; it’s about vindication.

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About Carlson Bier

Wrongful Death Lawyers in Paxton Illinois

Navigating the legal aspects of a wrongful death can be overwhelmingly complex and deeply challenging, especially when coping with grief. This is where Carlson Bier steps in: an Illinois-based personal injury attorney group dedicated to fiercely advocating for your rights and earning you proper compensation.

In Illinois, “wrongful death” legally refers to scenarios whereby a person’s negligence or misconduct results in another person’s untimely demise. Notably, these cases cover circumstances like car accidents caused by reckless driving or healthcare fatalities resulting from medical negligence. Under Illinois law, two main categories of damages might be recoverable in a wrongful death lawsuit: pecuniary injuries and damages for grief, sorrow, and mental suffering.

• Pecuniary Injuries: These signify tangible losses such as loss of earnings; support services that the deceased provided (from parenting to landscaping) worth monetary value; future expected income; benefits lost due to premature death – all factored out over the course of the decedent’s projected lifetime.

• Damages for Grief, Sorrow, and Mental Suffering: This acknowledges the emotional trauma endured by immediate family members after losing their loved one prematurely.

Carlson Bier powerfully brings these facts before counsels and courtrooms alike. Our firm stands firmly alongside intricately navigating this turbulent journey armed with expertise delivered humanely and empathetically.

The statute of limitations – typically two years from date of fatality – carries substantial weight within the realm of wrongful deaths. If time limits are surpassed without filing suit or reaching resolution beforehand – receipt of financial recovery might remain unattainable forevermore. Carlson Bier nurtures strong relationships amongst clients through providing candid advice securing peace-of-mind throughout this grievous period ensuring neither time nor opportunity slips unpursued under our watchful vigilance.

A great advantage linked uniquely towards using Carlson Bier attorneys revolves around resources possessed allowing detailed investigations pinpointing liable parties whereas otherwise might remain hidden. We diligently work on contingency meaning clients are only billed after successful resolution – underscoring our focus on justice above profit, your needs will always come first with us.

Wrongful death lawsuits require sophisticated grasp upon state statutes intertwined amongst broad selection of diverse personal injury cases – all a masterstroke for the attorneys at Carlson Bier. Our relentless commitment involves strategic advocacy designed specifically in dismantling deceptive rebuttals and effectively presenting fact-supported damages.

Gold-standard representation provided by Carlson Bier cultivates seamless direction throughout contentious processes so mourning families may focus solely on healing. With decades of combined experience within wrongful death accomplishments, each client receives robust legal support empowering rightful restitution against liable parties wielding majority clout.

Facing such tragedies alone might feel insurmountable—but with Carlson Bier—smart, effective advocacy is an appointment away. We genuinely care about giving you the peace you need to grieve without worrying over financial or legal implications of these unfortunate events.

Your loved one’s life was invaluable and their absence leaves a void that can’t be quantified. However, your rights for lawful compensation shouldn’t lay dormant nor ignored amidst the chaos left in their wake. You are not alone—not anymore! Take this chance against those responsible for precipitating unjust loss in consideration towards securing appropriate closure during extraordinarily difficult times; click on the button below to discover what your case might objectively be worth according to expert consultation which brings us onto common ground from onset until resolution’s pinnacle comes into view. Together—we’re here powering through toward comprehensive tranquility hand-in-hand!

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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 Paxton

Areas of Practice in Paxton

Cycling Collisions

Specializing in legal representation for persons injured in bicycle accidents due to others' lack of care or hazardous conditions.

Flame Wounds

Offering expert legal assistance for individuals of intense burn injuries caused by accidents or negligence.

Physician Carelessness

Providing expert legal services for individuals affected by hospital malpractice, including medication mistakes.

Goods Liability

Dealing with cases involving defective products, delivering expert legal guidance to customers affected by defective items.

Elder Malpractice

Defending the rights of seniors who have been subjected to abuse in elderly care environments, ensuring compensation.

Tumble & Tumble Mishaps

Professional in addressing slip and fall accident cases, providing legal representation to victims seeking redress for their losses.

Newborn Traumas

Providing legal aid for households affected by medical misconduct resulting in infant injuries.

Vehicle Crashes

Accidents: Dedicated to helping patients of car accidents obtain just remuneration for damages and losses.

Two-Wheeler Collisions

Committed to providing legal services for bikers involved in two-wheeler accidents, ensuring rightful claims for harm.

18-Wheeler Accident

Ensuring experienced legal representation for individuals involved in big rig accidents, focusing on securing appropriate settlement for injuries.

Building Site Mishaps

Engaged in supporting workmen or bystanders injured in construction site accidents due to recklessness or recklessness.

Head Harms

Committed to ensuring dedicated legal advice for individuals suffering from head injuries due to carelessness.

Dog Bite Harms

Expertise in tackling cases for persons who have suffered traumas from canine attacks or wildlife encounters.

Foot-traveler Accidents

Expert in legal assistance for foot-travelers involved in accidents, providing dedicated assistance for recovering recovery.

Wrongful Fatality

Advocating for bereaved affected by a wrongful death, providing sensitive and experienced legal support to ensure restitution.

Spinal Cord Damage

Expert in defending patients with vertebral damage, offering expert legal representation to secure recovery.

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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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