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Wrongful Death Attorney in Pinckneyville

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About Carlson Bier Associates

In a tragic incident resulting in the unjust death of a loved one, people turn to Carlson Bier. We are highly commended within Pinckneyville for our effective advocacy specializing in Wrongful Death cases. Our seasoned legal professionals apply their unwavering proficiency and compassion during this emotionally charged time. At Carlson Bier, we delve deep into each case, laying bare intricate details that assist us in building an assertive stance worthy of securing favorable verdicts or settlements for our clients. Recognized as leading advocates across Illinois, our expertise empowers individuals faced with life’s most devastating events – when they need it the most. The loss endured from a wrongful death leaves families requiring sincere support and efficient representation – exactly what we have consistently provided at Carlson Bier over years of practice.

Our approach resonates reliability; client circumstances receive comprehensive evaluation while establishing strategies ensuring maximum compensation attainable under Illinois law is achieved swiftly but without compromising tactfulness crucial to such sensitive times. Pursuing justice is our commitment; trust on arrival begins with choosing the Carlson Bier firm.

About Carlson Bier

Wrongful Death Lawyers in Pinckneyville Illinois

At Carlson Bier, we understand the fragile nature of your circumstances. Dealing with a loss is an unthinkable tragedy and having to fathom it as the result of someone else’s negligence only makes it harder. We extend our sincere condolences and want you to know that we are here not only as legal representatives but also to aid in bringing justice for your loved one’s untimely departure.

Wrongful death occurs through misconduct or negligent activity, leading to premature fatality. Such deaths could come from various situations like car accidents, medical malpractice, workplace incidents, defective products among others. Cases surrounding wrongful death hit deeply because they involve preventable fatalities caused by errors that can be traced back to another person’s incompetence or irresponsibility.

In Illinois state law, Wrongful Death Act sanctions surviving family members of a deceased person – spouse and next of kin–to file charges against individuals whose wrongful act led to their loved one’s demise. These suits aim primarily at getting fair compensation for the survivors’ anguish sorrow—less about the deceased—and typically focus on monetary damages.

Key things include:

– Immediate family members such as spouses or children—even adopted ones—and parents of unmarried children can file for wrongful death lawsuits.

– Damages awarded generally comprise pecuniary injuries inclusive of money, benefits, goods, services along with society compensations such as love and affection.

– The time frame for filing a claim is usually two years post-incidence; however there may be few exceptions around this rule.

The impact brought about by these fatal encounters goes beyond emotional stress extending into financial consequences especially when the departed was the primary source of income in his/her household. Our role then becomes ensuring we help those left behind pick up pieces starting with mitigating any financial burdens resulted from wrongfully losing a breadwinner.

The Carlson Bier firm guarantees calculated contingency-service representation meaning you won’t pay us any fee until compensation resulting from fighting your case is successfully granted—although court costs and other additional expenses of legal action differ from attorney fees.

As seasoned wrongful death lawyers, we capitalize on our deep knowledge, extensive experience and the most recent technology to ensure every aspect that could influence your case gets addressed. We meticulously review all potential scenarios while preparing for any possible obstructions standing in the way of getting you rightful compensation.

Our approach places us at forefront when battling with insurance companies over compensations that ought to be paid out; a daunting task which many find overwhelming or impossible to face alone without understanding the law’s workings effectively.

Ultimately, it’s vital that you have honest attorneys fighting for your rights. This way you know they’ll push relentlessly in not only seeking but also attaining justice for your departed loved one through fair compensations awarded by claiming alimony resulting from damages inflicted-carelessly-by guilty parties.

Learning about wrongful death is essential should such tragedies strike despite hopefulness that prevention triumphs overtime. Seek professional guidance immediately when facing circumstances involving consequences unbearable enough already let alone overwhelming confusion around navigating financial uncertainties left behind simultaneously. You’re not alone and shouldn’t bear this burden single-handed—it’s too heavy.

At Carlson Bier, we believe in providing unmatched commitment accompanied by compassionate representation because each client matters greatly thus why we offer personalized caring hands-on representation – always striving for results fulfilling client expectations rightfully owed following their huge losses.

Click the button below now to discover how much your destined compensation might turn out: it’s time justice got served – don’t wait longer than necessary! Let us help unlock doors fastening rightful peace deserved… take positive first steps towards adjusting into ‘this new normal’ led by capable wrongfully death experts at Carlson Bier!

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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 Pinckneyville

Areas of Practice in Pinckneyville

Two-Wheeler Collisions

Specializing in legal representation for persons injured in bicycle accidents due to others's recklessness or hazardous conditions.

Scald Injuries

Providing professional legal assistance for sufferers of intense burn injuries caused by mishaps or indifference.

Hospital Malpractice

Extending experienced legal support for persons affected by clinical malpractice, including misdiagnosis.

Items Responsibility

Handling cases involving defective products, providing professional legal services to consumers affected by defective items.

Senior Malpractice

Defending the rights of seniors who have been subjected to abuse in nursing homes environments, ensuring justice.

Stumble & Tumble Occurrences

Expert in addressing tumble accident cases, providing legal services to individuals seeking restitution for their injuries.

Infant Wounds

Delivering legal support for families affected by medical misconduct resulting in birth injuries.

Automobile Collisions

Mishaps: Devoted to assisting victims of car accidents secure fair compensation for damages and destruction.

Scooter Collisions

Expert in providing legal advice for bikers involved in bike accidents, ensuring justice for losses.

Big Rig Collision

Ensuring specialist legal services for drivers involved in lorry accidents, focusing on securing just compensation for harms.

Building Mishaps

Engaged in defending staff or bystanders injured in construction site accidents due to negligence or irresponsibility.

Brain Traumas

Dedicated to extending professional legal support for clients suffering from neurological injuries due to accidents.

K9 Assault Wounds

Adept at tackling cases for people who have suffered harms from puppy bites or wildlife encounters.

Foot-traveler Incidents

Dedicated to legal advocacy for pedestrians involved in accidents, providing effective representation for recovering claims.

Undeserved Passing

Fighting for loved ones affected by a wrongful death, delivering caring and experienced legal guidance to ensure restitution.

Vertebral Injury

Dedicated to assisting patients with spinal cord injuries, offering dedicated legal support to secure compensation.

Contact Us Today if you need a Person Injury Lawyer