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Wrongful Death Attorney in Percy

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About Carlson Bier Associates

When faced with the daunting path of navigating a wrongful death lawsuit, it is crucial to make your first step towards trust and expertise. Carlson Bier enacts this important foundation. Providing unparalleled representation for Wrongful Death cases throughout Illinois including Percy, our firm’s track record bears testament to our client dedication and legal proficiency. As recognized leaders in this specific field, we channel extensive knowledge into each case to advocate resilience against negligent parties who cause profound loss. Our seasoned attorneys handle every detail diligently as they comprehend how profoundly impactful these circumstances are on a family’s life. With immense mastery over the statutes applicable in Illinois, Carlson Bier ensures your rights remain at the forefront along with relentless pursuit of justice for your loved one’s untimely passing.Vital compassion aligns seamlessly with litigation prowess here at Carlson Bier – creating an environment where you’re not just another client; but a priority – reinforcing why we fundamentally merit consideration as your trusted choice in wrongful death representation during such complex times.

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About Carlson Bier

Wrongful Death Lawyers in Percy Illinois

Understanding the intricacies of personal injury law, especially when it comes to wrongful death claims, can often be a challenging endeavor. Here at Carlson Bier, your trusted personal injury attorneys based in Illinois, we dedicate our practice to alleviating this complexity by providing comprehensive education and legal guidance matched with compassionate client service.

A wrongful death claim arises when an individual’s death is triggered by the negligence or intentional misconduct of another person or entity. The circumstances surrounding wrongful deaths are both tragic and emotionally troubling, particularly for those left behind. Key examples of situations that may warrant a wrongful death claim include fatal motor vehicle accidents instigated by reckless driving habits; medical malpractice incidents leading to undiagnosed conditions or improper treatment resulting in fatality; workplace accidents due to inadequate safety measures; and fatalities resulting from defective products.

The purpose of a wrongful death claim is two-fold: firstly, recognizing the wrongdoing that led to an undeserved loss, and secondly securing financial stability for surviving family members who likely depended on their loved one for support. Specific damages recoverable in such cases typically encompass:

– Loss of the deceased’s expected income

– Funeral and burial costs

– Medical expenses incurred prior to demise

– Value compensation for services that could have been rendered by the deceased

– Loss of consortium or companionship

As you navigate this overwhelming process, Carlson Bier understands that each case carries unique complexities derived from its distinct set of facts. Our firm stands committed to thoroughly investigating these nuances ensuring every variable is considered when building your case.

Illinois state law provides specific constraints regarding filing periods – termed statutes of limitations – over which period such lawsuits must be initiated. Particularly crucial is noting that once this prescribed time elapses without filing a suit, one forfeits their right to litigate regardless of how compelling their evidence might be.

Enlisting a seasoned personal lawyer like those found at Carlson Bier ensures rigorous representation within mandated timelines alongside strategic maneuvering of the legal intricacies playing out in your case. We are intimately acquainted with Illinois personal injury and wrongful death laws, employing strategic legal proficiency to champion your cause zealously.

Dealing with a wrongful death can occur at any time or place, hence the need for an attorney experienced both within and beyond Percy. While we may not physically present there, Carlson Bier’s attorneys are adept at managing personal injury-related legal disputes spanning across Illinois. Our dedication extends to remotely serving clients through innovative technologies alongside our expansive affiliate network proficient in localized law throughout various cities in Illinois.

At Carlson Bier, we believe that while nothing can truly compensate for losing a loved one prematurely due to another party’s negligence, obtaining justice through rightful compensation is a significant step towards healing. That being said if you suspect yourself or someone close suffering from such circumstance – don’t hold it back!

Help comes in as little as a click! Find out now how much your case could be worth by touching on the button below. Rest assured, our team will conduct substantive evaluation resulting in accurate estimations guided by precedence and sympathizingly tailored towards comfort despite these trying times. With Carlson Bier by your side, trust that your pursuit of fair remuneration is indeed feasible every step of the way.

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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 Percy

Areas of Practice in Percy

Bicycle Accidents

Expert in legal support for clients injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Scald Burns

Providing expert legal assistance for sufferers of serious burn injuries caused by events or carelessness.

Medical Carelessness

Providing dedicated legal advice for individuals affected by healthcare malpractice, including misdiagnosis.

Items Accountability

Handling cases involving dangerous products, delivering skilled legal help to consumers affected by defective items.

Geriatric Neglect

Advocating for the rights of the elderly who have been subjected to malpractice in senior centers environments, ensuring compensation.

Tumble and Stumble Accidents

Skilled in handling tumble accident cases, providing legal support to persons seeking restitution for their suffering.

Birth Harms

Providing legal help for relatives affected by medical malpractice resulting in newborn injuries.

Auto Accidents

Incidents: Focused on supporting clients of car accidents secure equitable remuneration for hurts and destruction.

Two-Wheeler Mishaps

Dedicated to providing representation for motorcyclists involved in scooter accidents, ensuring rightful claims for harm.

Trucking Collision

Offering specialist legal services for clients involved in big rig accidents, focusing on securing appropriate compensation for hurts.

Construction Mishaps

Dedicated to defending workers or bystanders injured in construction site accidents due to recklessness or misconduct.

Cerebral Damages

Expert in ensuring compassionate legal support for patients suffering from neurological injuries due to misconduct.

Dog Attack Injuries

Expertise in tackling cases for victims who have suffered injuries from puppy bites or animal attacks.

Cross-walker Incidents

Dedicated to legal representation for foot-travelers involved in accidents, providing comprehensive support for recovering recovery.

Unjust Death

Working for loved ones affected by a wrongful death, offering sensitive and professional legal support to ensure restitution.

Vertebral Injury

Focused on supporting persons with paralysis, offering specialized legal services to secure redress.

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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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