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Wrongful Death Attorney in Pocahontas

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About Carlson Bier Associates

Facing the unexpected loss of a loved one is an unimaginable hardship, and when it happens as a result of negligence, it becomes even more damaging. If you find yourself in this devastating situation, Carlson Bier could provide invaluable support. With their comprehensive knowledge of Illinois Wrongful Death laws, they have established themselves as a trusted advocate for justice for families affected by Wrongful Death incidents.

Each case handled by Carlson Bier is approached with dignity and utmost attention to detail. They diligently work to fight your corner and give voice to your grievance in court while ensuring the legal process doesn’t become an additional burden on your grieving family.

Carlson Bier’s reputation rests on their unwavering commitment to setting right what has been irrevocably wronged. Through expert negotiation or trial representation, they aim at securing maximum compensation that reflects both economic losses and the incalculable emotional toll unique to each client’s circumstance.

Turn towards Carlson Bier if ever faced with these unfortunate circumstances – because those accountable should be held responsible.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Pocahontas Illinois

Welcome to Carlson Bier, your trusted personal injury attorney group in Illinois. We specialize in addressing the complex intricacies of Wrongful Death cases with utmost vigor and expertise. At our firm, we understand just how devastating the aftermath of such an unfortunate incident can be, incurable pain and suffering, costly medical bills, loss of income are but a few areas where you might need legal assistance.

As highly experienced attorneys specializing in wrongful death claims we aim to empower you with knowledge as well. When a loved one’s life is unexpectedly taken away due to someone else’s negligence or wrongdoing, it falls under the purview of ‘Wrongful Death.’ Despite its universal understandability, legal instances pertaining to wrongful death have a specific scope that includes:

• Fatal accidents caused by reckless driving

• Construction site accidents resulting in untimely death

• Medical malpractice leading to fatality

• Commercial trucking incidents causing loss of life

• Victims of dangerous and defective products

The law stipulates certain criteria for filing wrongful death suits: The deceased party must be human; death should’ve been caused by another’s intentional action or negligence; surviving family members who suffer financial loss due to this demise; and appointment of a personal representative for decedent’s estate.

Filing a wrongful death claim doesn’t bring back your loved one but it brings some peace knowing justice has been served whilst covering burial costs, lost wages, medical expenses and compensation for grief among others.

As part of our commitment towards comprehensive client service at Carlson Bier, we guide you step-by-step through all factors affecting a successful wrongful-death lawsuit execution:

1) Establishing Liability: Determine whether negligence or misconduct led to the fatality.

2) Evaluating Damages: Identifying tangible losses (like hospitalization fees), as well as intangible ones (love & companionship).

3) Documenting Evidence: This is crucial in strengthening your case during court proceedings.

4) Providing Representation: Ensuring your legal rights are fiercely protected.

Our exceptional track record testifies commitment towards fighting for victims’ rights. In each case we take up, our focus remains dedicated to understanding client needs, providing invaluable advice and initiating prompt action towards securing the compensation you’re entitled to. Our attorneys stand by you at every stage, offering expert counsel in wrongful death suits.

At Carlson Bier, empathy is ingrained into our practice – We understand that no amount of money can replace a life lost due to someone’s negligence or wanton disregard for safety yet it can alleviate a measure of financial burdens experienced as direct consequences of such tragedy. Fair recompense serves this purpose while ensuring wrongdoers are held accountable for their actions.

Should you wish to learn more about how Carlson Bier’s seasoned personal injury attorneys can help navigate through traumatizing times, guide you along the journey towards justice and closure, contact us without delay. Discover what difference informed decision-making with experienced professionals in your corner can make during these testing times.

Hoping this gargantuan loss hasn’t led one too many questions and doubt clouding your judgement? Click below! Figure out an estimated worth of what could be owed to you by filing a potential wrongful death suit… Aiding bereaved families on their path to restitution forms core part of our work ethos here at Illinois-based Carlsons Bier.

We invest ourselves wholeheartedly into providing value-packed representation personalized according your specific circumstances… Helping resolve unanswered queries forms an undeniable part of our mission here at Carlson Bier; let us aid in restoring peace and direction amidst multitudes chaos brought on by untimely loss. It’s time for Justice…and closure too! Let’s initiate the process together.

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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 Pocahontas

Areas of Practice in Pocahontas

Pedal Cycle Mishaps

Proficient in legal assistance for people injured in bicycle accidents due to other parties' lack of care or risky conditions.

Burn Wounds

Providing professional legal support for sufferers of intense burn injuries caused by incidents or recklessness.

Medical Malpractice

Offering dedicated legal services for individuals affected by clinical malpractice, including wrong treatment.

Goods Obligation

Handling cases involving problematic products, offering adept legal guidance to customers affected by product malfunctions.

Geriatric Neglect

Protecting the rights of the elderly who have been subjected to neglect in aged care environments, ensuring compensation.

Tumble and Tumble Accidents

Skilled in tackling slip and fall accident cases, providing legal support to sufferers seeking redress for their suffering.

Newborn Wounds

Delivering legal aid for relatives affected by medical negligence resulting in birth injuries.

Car Accidents

Collisions: Focused on supporting patients of car accidents secure equitable payout for wounds and destruction.

Motorbike Accidents

Specializing in providing representation for riders involved in motorbike accidents, ensuring just recovery for damages.

Big Rig Collision

Ensuring professional legal advice for drivers involved in lorry accidents, focusing on securing rightful recompense for damages.

Construction Site Incidents

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

Cognitive Damages

Committed to delivering compassionate legal support for clients suffering from cognitive injuries due to misconduct.

Canine Attack Traumas

Skilled in handling cases for persons who have suffered damages from dog attacks or animal attacks.

Foot-traveler Collisions

Committed to legal advocacy for cross-walkers involved in accidents, providing dedicated assistance for recovering damages.

Undeserved Fatality

Working for grieving parties affected by a wrongful death, extending understanding and experienced legal assistance to ensure restitution.

Vertebral Damage

Focused on advocating for patients with backbone trauma, offering professional legal services to secure compensation.

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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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