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Wrongful Death Attorney in Pekin

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About Carlson Bier Associates

When facing the challenging aftermath of a loved one’s wrongful death, Carlson Bier is an uncompromising advocate for justice and recovery. Operating under strict adherence to Illinois law, this firm boasts skilled attorneys with extensive experience in wrongful death cases. They staunchly believe in offering their exceptional expertise to residents across various cities, including Pekin. Navigating through complex legal processes can be distressing; that’s why knowing that your case is handled by seasoned professionals like those at Carlson Bier removes any additional burden off your shoulders. Their thorough understanding of the intricacies involved ensures you get fair compensation and resolution during such heartbreaking moments. The lawyers at Carlson Bier work tirelessly on every client case; combining empathy, professionalism and a deep-seated commitment to bring perpetrators to account while upholding your rights every step of the way. Reliability also defines this remarkable team as they are always responsive so clients never feel left out or uncertain about their case progressiveness. In tumultuous times demand top-tier representation – choose Carlson Bier as your dedicated partner for rightful closure.

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Wrongful Death Lawyers in Pekin Illinois

In the aftermath of a loved one’s untimely death, families often face both emotional and financial turmoil. When such losses are caused by someone else’s negligence or wrongdoing, it is referred to as a wrongful death. The experienced personal injury attorneys at Carlson Bier can help guide you through this difficult period while seeking justice for your loss.

Wrongful death cases encompass various incidents including medical malpractice, car accidents, workplace accidents, product liability and more. It is paramount to understand that these cases require a different approach compared to other legal matters due to several unique aspects:

• The victim is not present: Unlike other personal injury cases where the victims can testify on their own behalf, in wrongful death lawsuits the burden lies with representatives of the deceased.

• Different damages: Successful claims can potentially include compensation for lost wages the deceased would have made in their lifetime, costs incurred due to treatment prior to death, pain and suffering endured by family members left behind among others.

• Statute of Limitations: You generally only have two years from when an injury causing wrongful death was discovered or should have been discovered. If missed, you may be barred from filing suit.

At Carlson Bier in Illinois we understand the state-specific laws pertaining to wrongful deaths- which proves crucial while combating such legal matters. Our team’s comprehensive knowledge encompasses every facet of this complex arena ensuring that no stone is left unturned in fighting for your justice.

Our profound approach towards each case includes conducting detailed investigations into circumstances surrounding the incident; rigorously preparing compelling evidence-based representation; negotiating fiercely with insurance companies; and if necessary, advocating passionately in courtrooms across Illinois.

The importance of retained skilled professional guidance cannot be undermined in these types of lawsuits requiring skillful expertise to navigate convoluted legal paths. Each case represents more than just monetary compensation – it’s about vindication toward culprits who have unjustly taken lives away too soon.

Because Carlson Bier is firmly established as experienced personal injury lawyers, we have the expertise and resources to guide you through every step of your legal journey in most locations across Illinois. It should be noted, however, that we’re not implied to be situated in Pekin.

Each case is unique and requires thoughtful consideration; hence it’s essential for us to understand all aspects of your wrongful death claim by having an open dialogue. You can trust our compassionate team at Carlson Bier to approach each case with sensitivity whilst presses relentlessly toward achieving justice for your loved one’s tragic loss.

Moreover, sympathy alone cannot bear the cost – monetary compensation though unable to replace your lost loved ones, can significantly aid toward coping with bills or debt acquired from treatment cost leading up-to the fatal incident or replacing their would-have-been future salaries. In many instances, wrongdoing parties or insurance companies are pressed into paying rightful compensations only when they are challenged legally.

Our belief at Carlson Bier lies deep within ‘Justice’ itself – which very often translates into holding wrongdoers accountable for their recklessness thus providing closure and much needed respite during such testing times.

Mere curiosity regarding what rights bereaved families have holds immense potential starting-points towards tangible results. Hence we encourage you wholeheartedly to find out exactly how much justice might be worth in your case by clicking on the button below – For peace of mind today and a healthier tomorrow for those left behind being paramount above everything else- at Carlson Bier Personal Injury Attorneys.

Find Out How Much Your Case is Worth
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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 Pekin

Areas of Practice in Pekin

Cycling Accidents

Proficient in legal services for persons injured in bicycle accidents due to others's recklessness or risky conditions.

Flame Damages

Extending adept legal services for individuals of serious burn injuries caused by events or indifference.

Clinical Malpractice

Offering specialist legal services for clients affected by clinical malpractice, including misdiagnosis.

Commodities Responsibility

Handling cases involving unsafe products, offering skilled legal help to consumers affected by product malfunctions.

Elder Mistreatment

Advocating for the rights of elders who have been subjected to mistreatment in nursing homes environments, ensuring protection.

Tumble and Fall Injuries

Skilled in handling stumble accident cases, providing legal support to victims seeking redress for their injuries.

Infant Wounds

Extending legal aid for loved ones affected by medical negligence resulting in infant injuries.

Vehicle Accidents

Incidents: Focused on guiding victims of car accidents receive reasonable compensation for hurts and harm.

Scooter Incidents

Dedicated to providing legal services for victims involved in scooter accidents, ensuring justice for traumas.

Truck Incident

Providing professional legal services for victims involved in semi accidents, focusing on securing adequate recompense for losses.

Worksite Crashes

Focused on defending workmen or bystanders injured in construction site accidents due to negligence or misconduct.

Head Damages

Committed to extending compassionate legal representation for victims suffering from neurological injuries due to carelessness.

Dog Bite Wounds

Skilled in tackling cases for persons who have suffered harms from dog attacks or animal assaults.

Foot-traveler Accidents

Dedicated to legal services for joggers involved in accidents, providing professional services for recovering restitution.

Undeserved Passing

Fighting for families affected by a wrongful death, supplying caring and expert legal guidance to ensure justice.

Spine Impairment

Committed to supporting victims with vertebral damage, offering expert legal representation 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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