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Wrongful Death Attorney in Poplar Grove

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About Carlson Bier Associates

When tragedy strikes unexpectedly due to negligence or misconduct, resulting in wrongful death, Carlson Bier emerges as a sterling defender of justice for the bereaved. With its foothold firmly planted in Illinois’ legal soil, this accomplished team demonstrates a robust understanding of state laws surrounding wrongful death claims. Infused with professionalism and compassion, they ceaselessly champion their clients’ rights amidst life’s darkest hours. Their proficiency extends beyond practised negotiation skills stretching into delicate human empathy navigating families through legal complexity while respecting emotional turmoil these situations often invoke. Clients appreciate exclusivity; thus your case will receive undivided attention it deserves illuminating every detail ensuring maximum compensation is achieved for medical bills, funeral costs or lost income avenues that typically follow such devastating incidents. Trust Carlson Bier’s reputation unsettling adverse implications associated with tortuous acts leading to untimely fatalities affirming efficacy towards success making them an ideal choice for handling wrongful death suits in profound respectability and dedication despite any geographical limitations.

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About Carlson Bier

Wrongful Death Lawyers in Poplar Grove Illinois

At Carlson Bier, we know that understanding the intricate details of wrongful death law can be daunting, especially when you are grappling with grief. As your committed personal injury attorneys based in Illinois, we aim to demystify this complex legal issue for you.

Wrongful death is a civil action that loved ones initiate when an individual’s death is caused by another’s negligence or intentional actions. Wrongful deaths may stem from medical malpractice, motor vehicle accidents, work-related injuries, defective products, and even crimes.

When it comes to establishing wrongful death claims in Illinois:

• There must be proof of death

• It should have been triggered by someone else’s negligence or intention to cause harm,

• Family members must showcase how they’re suffering monetary injury as a result,

• Lastly, a personal representative for the deceased estate must’ve been appointed.

While compensation cannot undo the emotional toll of losing a loved one prematurely, it can provide essential financial relief that ensures life necessities continue unabated. Compensation includes not only funeral and burial expenses but also lost wages and benefits the deceased would have provided had they lived—both presently and into the future. Moreover, compensation covers loss of inheritance prospects due to untimely demise.

Family members eligible for these damages include spouses who will be compensated for loss of companionship; children under 18 years who lose parental guidance and instruction; parents deprived of their minor child’s society and companionship; adult children who lose their parent’s society; siblings who are partially dependent on the decedent for support; adopted children with similar rights as biological ones.

Insightfully at Carlson Bier:

We target maximum compensation for our clients by structuring compelling arguments based on sound legal principles supported by credible evidence.

Our experience allows us to succeed in challenging situations.

We commit ourselves fully to unwavering representation throughout what can otherwise be an emotionally distressing period.

It’s important to remember each fatal accident case has its unique circumstances that need investigating. We’re here to help with this: from hiring the top engineers, reconstruction experts, and other professionals to interpreting nuanced insurance policies and regulations – our team leaves no stone unturned.

Wrongful death claims carry a statute of limitations in Illinois – two years from the date of death. Any action must be initiated within this period, or it may be forever barred. Swift legal action will ensure important evidence isn’t lost or destroyed over time. It can also considerably hasten recovery while bringing closure for grieving families much sooner.

Facing the aftermath of wrongful death is harrowing enough; you shouldn’t bear the additional burden of navigating emotional litigation alone. The experienced personal injury lawyers at Carlson Bier are ready to walk with you every step, offering professionalism combined with empathetic counseling during trying times.

Please know confidentiality and respect underscore our interactions throughout representation. While we cannot promise specific results because each case differs greatly due to several factors, at Carlson Bier there is an unwavering commitment strictly towards protecting your interests—methodically examining each situation, presenting options clearly, and delivering efficient solutions devised specially around your unique needs.

The road from loss towards justice may seem hard going—it doesn’t have to be lonely though! Begin by clicking on the button below for a private consultation without obligation—a critical first stride towards finding out what your case could potentially be worth since knowing empowers decision-making!

Remember—we’re Carlson Bier—personal injury attorneys in Illinois passionate about client welfare above everything else! Let us assist possibly turning one life’s darker chapters into bright new beginnings through tireless pursuit of justice you rightly deserve!

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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 Poplar Grove

Areas of Practice in Poplar Grove

Cycling Incidents

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

Fire Burns

Extending skilled legal support for people of severe burn injuries caused by events or misconduct.

Hospital Incompetence

Providing professional legal support for victims affected by physician malpractice, including medication mistakes.

Products Responsibility

Handling cases involving unsafe products, extending specialist legal guidance to victims affected by harmful products.

Elder Misconduct

Defending the rights of nursing home residents who have been subjected to malpractice in senior centers environments, ensuring restitution.

Fall & Trip Injuries

Professional in handling slip and fall accident cases, providing legal advice to victims seeking restitution for their losses.

Childbirth Damages

Extending legal assistance for loved ones affected by medical incompetence resulting in childbirth injuries.

Motor Collisions

Crashes: Focused on supporting patients of car accidents receive fair compensation for damages and destruction.

Motorbike Collisions

Committed to providing representation for riders involved in motorcycle accidents, ensuring rightful claims for losses.

Trucking Accident

Delivering adept legal support for drivers involved in lorry accidents, focusing on securing fair recovery for injuries.

Worksite Incidents

Committed to supporting staff or bystanders injured in construction site accidents due to carelessness or recklessness.

Brain Impairments

Expert in ensuring professional legal representation for individuals suffering from cerebral injuries due to carelessness.

Dog Bite Harms

Expertise in handling cases for persons who have suffered damages from K9 assaults or animal assaults.

Jogger Accidents

Expert in legal support for pedestrians involved in accidents, providing professional services for recovering recovery.

Unwarranted Demise

Standing up for bereaved affected by a wrongful death, supplying sensitive and adept legal support to ensure restitution.

Neural Damage

Specializing in advocating for victims with spinal cord injuries, offering dedicated legal representation 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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