Wrongful Death Attorney in Pearl

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When dealing with a wrongful death case, you need a dedicated team of experts that specialize in understanding and navigating the difficult legal proceedings. Carlson Bier provides top-tier legal representation for those who have tragically lost a loved one due to another’s negligence or misconduct. With our exemplary track record and unwavering dedication, we strive to bring justice to families seeking recompense during their time of need in Pearl. As leaders in wrongful death litigation, we are recognized for developing ingenious strategies tailored specifically for each unique case. Our extensive knowledge base ensures comprehensive guidance when approaching these complex scenarios ensuring maximum compensation is achieved. At Carlson Bier, your personal interests are prioritized while demonstrating utmost respect towards your unique emotional journey post-loss; reducing stress by diligently managing intricate legal processes on your behalf may aid in coping with grief more peacefully. Emotional trauma from losing a beloved deserves empathetic professional assistance; thus arises the necessity of having an absolute specialized support system such as ours at Carlson Bier – offering solace through competent advocates experienced within precise realms of Wrongful Death law.

About Carlson Bier

Wrongful Death Lawyers in Pearl Illinois

At Carlson Bier, we believe that understanding your legal rights and options is crucial in navigating the process of a Wrongful Death claim. Our experienced personal injury attorneys are here to help you through this challenging time by providing you with comprehensive, easy-to-understand information about Illinois wrongful death laws.

Wrongful death refers to a situation where an individual’s death is caused by the negligence or misconduct of another party. Whether it’s due to motor vehicle accidents, medical malpractice, workplace accidents or care facility neglect, families often seek justice and compensation for the avoidable tragedy they’ve faced.

The process of filing a wrongful death claim involves various critical steps:

• First, the statute of limitations must be respected. In Illinois, a wrongful death suit generally needs to be filed within two years from the date of death.

• Second, only specific individuals can file such claims – typically immediate family members like parents, spouses or children.

• Thirdly, evidence substantiating negligence or fault is necessary to successfully prove a wrongful-death case.

Our dedicated team understands these complexities and provides tailored advice each step of the way. It’s our primary goal at Carlson Bier to ensure your rights are protected while pursuing the maximum compensation owed for your significant loss.

When determining damages in wrongful death cases, several factors come into play:

• Medical bills incurred prior to demise

• Funeral and burial costs

• Lost income due to victim’s premature passing

• Grief suffered by loved ones

These specifics underline how vital experienced legal counsel is when seeking rightful reimbursement.

One element often overlooked but essential for victims’ families is survival actions. A survival action lawsuit also seeks compensation; however it aims specifically at recovery for pain and suffering endured prior to passing in scenarios where deaths did not occur instantly.

Whether exploring options related to a Wrongful Death claim itself or looking further into Survival Actions, having knowledgeable guidance from proficient attorneys like ours at Carlson Bier ensures smoother navigation through the legal intricacies.

Carlson Bier is committed to leveraging our expertise, shaking off the burden of claim complexities from your shoulders and empowering you with knowledge while passionately advocating for rightful justice on your behalf. Let us be your voice in these difficult moments, shedding light amid tragedy, turning pain into power and ultimately helping you find some semblance of peace during this challenging period.

Feel a glimmer of hope illuminating your journey? We believe that action begets change. Take an affirmative step right now! Click on our compensation calculator button below to find out potentially what your case could be worth. No commitment needed; this simple tool can provide insight so that you’re not left guessing or worrying about financial implications any longer.

Together let’s uphold justice one client at a time: starting here, starting now for you and yours at Carlson Bier—the trusted Illinois based personal injury attorneys dedicated to giving unity strength and making sure that even in death: life matters!

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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 Pearl

Areas of Practice in Pearl

Cycling Collisions

Focused on legal support for clients injured in bicycle accidents due to negligent parties' negligence or hazardous conditions.

Thermal Damages

Extending adept legal assistance for individuals of severe burn injuries caused by incidents or recklessness.

Clinical Misconduct

Ensuring specialist legal assistance for individuals affected by physician malpractice, including negligent care.

Products Obligation

Managing cases involving unsafe products, delivering skilled legal help to customers affected by faulty goods.

Aged Misconduct

Advocating for the rights of nursing home residents who have been subjected to misconduct in senior centers environments, ensuring protection.

Tumble and Fall Occurrences

Adept in handling stumble accident cases, providing legal representation to individuals seeking restitution for their injuries.

Neonatal Wounds

Providing legal help for kin affected by medical malpractice resulting in infant injuries.

Vehicle Crashes

Mishaps: Committed to helping sufferers of car accidents gain equitable recompense for injuries and damages.

Bike Incidents

Expert in providing legal services for bikers involved in motorcycle accidents, ensuring justice for harm.

18-Wheeler Incident

Providing professional legal representation for clients involved in lorry accidents, focusing on securing fair compensation for injuries.

Building Mishaps

Concentrated on assisting staff or bystanders injured in construction site accidents due to negligence or negligence.

Brain Damages

Specializing in offering dedicated legal support for patients suffering from cerebral injuries due to accidents.

Dog Attack Traumas

Adept at tackling cases for clients who have suffered damages from canine attacks or creature assaults.

Pedestrian Incidents

Focused on legal assistance for joggers involved in accidents, providing dedicated assistance for recovering compensation.

Wrongful Loss

Striving for families affected by a wrongful death, extending caring and adept legal assistance to ensure fairness.

Spinal Cord Trauma

Expert in assisting individuals with vertebral damage, offering dedicated legal guidance to secure justice.

Contact Us Today if you need a Person Injury Lawyer