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Wrongful Death Attorney in Peoria

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About Carlson Bier Associates

When faced with the tragic loss of a loved one due to wrongful death, you need reliable legal assistance to navigate the challenging road ahead. As top-tier professionals in such sensitive cases, Carlson Bier offers an invaluable lifeline during this profound hardship. Our specialty is supporting families through straightforward legal guidance laced with empathy and respect for your struggle. We bring strong determination and high-quality service whenever we handle these delicate cases around Peoria.

With deep expertise in Illinois’s Wrongful Death Act, our seasoned attorneys comprehensively understand what constitutes a valid claim within local laws’ ambit and how to successfully litigate it to its fruition – all toward securing justice for your lost beloved while ensuring fair compensation covers any consequential financial burden on their behalf.

Choosing Carlson Bier as your wrongful death attorney allows you direct access to expert advocates who prioritize your unique needs consistently — earning us trust among clients who require steadfast support amid complex litigation procedures connected with unfortunate fatal incidents.

Let the seasoned experts at Carlson Bier help lift some weight off by delivering successful results while guiding you compassionately every step of the way; because achieving justice after losing a loved one shouldn’t be another battle that survivors fight alone.

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About Carlson Bier

Wrongful Death Lawyers in Peoria Illinois

Understanding the complex and often overwhelming world of Wrongful Death lawsuits is critical should you find yourself in these unfortunate circumstances. At Carlson Bier, we are a distinguished personal injury law firm dedicated to protecting your rights while navigating the labyrinth of legal protocols associated with Wrongful Death cases in Illinois.

Wrongful death refers to a lawsuit which alleges that a person’s death was caused by the negligence or other liability of another; it typically involves a vigorous pursuit for damages on behalf of the decedent’s heirs. Notably, these lawsuits are a distinct entity apart from criminal charges related to someone’s demise, meaning that even if an individual has been cleared criminally, they can still be liable civilly.

Prominent aspects pertaining to Wrongful Death include proving responsibility and demonstrating evidence about harm or injurious consequences inflicted upon survivors. Carlson Bier attorneys concentrate their efforts in:

• Identifying the responsible party who breached their duty of care.

• Displaying how this breach led directly to loss.

• Evaluating economic and non-economic damage prospects pertinent for compensation claims.

It is important not only for seeking justice but also remuneration under wrongful death statutes. Recoverable damages usually incorporate various factors such as medical costs before death, funeral and burial expenses along with prospective inheritance losses implicating severe financial implications on surviving members- compounding already intense emotional distress due to bereavement.

A few other important elements tied to recoverable damages include:

• Loss of consortium

• Mental anguish experienced by survivors

• Legal fees accrued during this pursuit

Moreover, it’s key points like these that transcend our role beyond being mere legal advisors at Carlson Bier into becoming an essential support system for our clients amid periods of extreme duress. We firmly believe in imparting value through sharing knowledge about intricate legal mechanics concerning Wrongful Death so as both simplify complex matters and reduce any additional strain effectively.

Even though stringent statutes state limitations apply within Illinois regarding wrongful death lawsuits, primarily implying lawsuits need to be filed within a set timeline post the person’s demise. At Carlson Bier, our seasoned staff ensures we meticulously explore every plausible legal route while maintaining rigorous adherence with statutory stipulations so as not to jeopardize your rightful claim.

It is also worth pointing out that regardless of whether you’re dealing with an insurance company or opposing attorney directly, it’s essential to engage knowledgeable counsel capable of challenging their interpretation around laws and damages. Remember: their key motive remains limiting payout amounts. Experienced attorneys such as those at Carlson Bier can leverage intricate understanding of law nuances rendering us well-positioned to ensure your claims are maximized.

Carlson Bier understands that no monetary compensation will ever fully replace the loss experienced by family members in a Wrongful Death lawsuit. Nonetheless, we believe it is our duty and responsibility to endeavor assiduously on behalf of our clients ensuring they receive full reparations allowable under Illinois Law for their traumatic loss.

We understand this next step may seem daunting, but rest assured we’re here to help simplify the process—an important aspect includes knowing pertinent value attached with your tragic loss so you know what amount represents just retribution.

At Carlson Bier, our commitment lie with amiable client interaction prioritizing transparency above all else through keeping them abreast regarding proceedings progress every step along the way leading towards adequate fiscal restitution mirroring their immeasurable loss.

Should there remain any lingering queries about Wrongful Death cases or if more insight about how Carlson Bier operates generally is needed then please do not hesitate exploring more via clicking on the button below. Doing so will enable us providing better clarity about potential case worth notwithstanding broadening awareness regarding legalities surrounding such unfortunate incidents in Illinois alongwith showcasing why partnering alongside Carlson-Bier would represent fruitful venture towards securing total justice for aggrieved individuals and families experiencing such tremendous suffering owing to grievous negligence from others.

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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 Peoria

Areas of Practice in Peoria

Cycling Collisions

Focused on legal advocacy for clients injured in bicycle accidents due to other parties' negligence or dangerous conditions.

Fire Wounds

Offering professional legal advice for patients of major burn injuries caused by events or recklessness.

Clinical Carelessness

Offering dedicated legal advice for victims affected by medical malpractice, including wrong treatment.

Goods Fault

Managing cases involving unsafe products, supplying skilled legal services to individuals affected by faulty goods.

Geriatric Malpractice

Supporting the rights of seniors who have been subjected to neglect in aged care environments, ensuring fairness.

Tumble and Tumble Incidents

Expert in managing fall and trip accident cases, providing legal advice to individuals seeking restitution for their suffering.

Birth Injuries

Offering legal support for households affected by medical negligence resulting in newborn injuries.

Car Accidents

Accidents: Focused on helping sufferers of car accidents receive fair settlement for wounds and impairment.

Motorcycle Accidents

Focused on providing legal advice for victims involved in bike accidents, ensuring rightful claims for injuries.

18-Wheeler Incident

Extending professional legal representation for persons involved in semi accidents, focusing on securing adequate recompense for injuries.

Worksite Incidents

Committed to advocating for staff or bystanders injured in construction site accidents due to oversights or negligence.

Neurological Harms

Focused on ensuring specialized legal support for clients suffering from neurological injuries due to incidents.

Dog Bite Traumas

Adept at addressing cases for people who have suffered wounds from canine attacks or animal attacks.

Foot-traveler Mishaps

Committed to legal assistance for walkers involved in accidents, providing comprehensive support for recovering damages.

Undeserved Loss

Fighting for families affected by a wrongful death, delivering understanding and adept legal representation to ensure restitution.

Vertebral Impairment

Specializing in representing clients with vertebral damage, offering dedicated legal representation to secure justice.

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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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