Wrongful Death Attorney in Prairie du Rocher

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About Carlson Bier Associates

When it comes to navigating the intricate domain of wrongful death cases in Prairie du Rocher, Carlson Bier emerges as an unquestionable choice. We at Carlson Bier understand that no monetary compensation can truly make up for your tragic loss, but we remain committed to seeking justice and providing much-needed relief in these trying times. Our cumulative experience drawn from serving diverse clientele across Illinois enables us to precisely comprehend the nuances of such sensitive legal battles. Well-versed with Prairie du Rocher’s local judicial precedents and legislation, our adept attorneys ensure formidable representation custom-tailored to your case specifics. We take pride in our diligent approach toward constructing robust arguments aimed at securing maximum lawful compensation for you. Often revered for our compassionate client communication coupled with ruthless courtroom performances, we channelize all necessary resources towards keeping your interests paramount throughout the proceedings. Choose Carlson Bier as your rightful partner against negligence and secure impeccable legal counsel worth every penny invested into securing insoluble peace amid life-altering tragedies like wrongful deaths.

About Carlson Bier

Wrongful Death Lawyers in Prairie du Rocher Illinois

At Carlson Bier, we are fervent about offering informed legal guidance for wrongful death cases. Our depth of knowledge and expertise in learning the complexities that surround these cases have made us a premier law firm within Illinois. Often, people struggle to comprehend that wrongful death refers to a lawsuit brought forward when someone dies due to another person’s negligence or intentional act. The value of life is immeasurable, yet when faced with such unfortunate circumstances, it becomes imperative to quantify the loss suffered by the deceased’s dependents.

• Wrongful deaths can stem from various scenarios like car accidents, medical malpractice, workplace mishaps or even purposeful harm.

• Legal suits filed for wrongful death aim at providing financial compensation for those surviving family members who were dependent on the now-deceased individual.

• Compensation considerations include income loss – both present and potential future earnings -, companionship loss, and funeral expenses among others.

In Illinois specifically, filing a wrongful death claim has stringent statutory requirements tied into specific timelines and eligibilities that require meticulous attention. It is vital to understand –

• Only the personal representative of the deceased’s estate can file this type of legal action according to Illinois law.

• In case no will exists designating an executor for their estate, courts usually appoint a close family member as one.

• Extending past two years from the date of passing is prohibited except under peculiar situations warranting an extension.

At Carlson Bier we do not take these issues lightly. We evaluate each aspect meticulously and seek out any unexplored avenues which could be leveraged for maximum reparation. Our track record speaks volumes about our dedication towards achieving justice – serving pearls of wisdom toothed out from every nuanced clause that dwells in thorny legal literature which puzzles many amateurs.

Our squad of outstanding attorneys vehemently fights insurance companies known notoriously for leveraging survivors’ grief-stricken state during negotiations concerning settlements after fatal accidents. These corporations frequently attempt to curtail rightful compensation that could aid in steering fledgling lives towards a semblance of financial stability.

Upon employing our legal services, we strive towards making the entire process as manageable as possible. We understand no sum can ever compensate for your loss, but procuring financial assurance for surviving dependents becomes crucial during such testing times. At Carlson Bier, we shoulder this burden with you – working tirelessly on presenting a robust case rooted firmly in extensive research and evidence gathering.

You might be plagued with questions about how long these lawsuits could last or what kind of monetary settlement can be expected. Rest assured, at Carlson Bier, every question asked is a valid one. You’re dealing with unchartered territory whilst grappling to make sense of an untimely demise- it’s overwhelming and confusing at best. Our attorneys are there beside you – not merely providing legal counsel but compassionate guidance to help navigate this tumultuous road.

Understandably, deciding on seeking legal recourse after losing someone near and dear leaves many paralysed with doubt-filled indecision; therefore, taking the first step might seem daunting. However, take solace knowing not only have you chosen outright experts within their field to fight your corner but also allies who bear your pain personally animating what it means to seek justice democratically.

An understanding underscored by sympathy rather than blanket professional regard forms the fulcrum upon which our firm’s philosophy rests giving us singular insight into representing bereaved clients most adeptly.

Now that you’ve become familiarised with wrongful deaths’ intricacies along with Illinois law parameters concerning them, why let any apprehension lingering around potential compensatory amounts keep you from pursuing justice? Remember everyone has distinct rights safeguarded under statutory provisions- understanding how those work in your favour is half the battle won already.

So don’t wait any longer: illuminate those grey areas lurking around wrongful death lawsuits affecting reduction leverage should insurance companies act out. Click the button below and discover comprehensive, customised assessments of wrongful death cases applicable specifically to your unique circumstances. Let’s find out together what your claim is worth. You’ve already been through so much – you owe it to yourself and your family to entrust this ordeal into competent hands charged with safeguarding your interest best guided by Illinois lawful provisions designed for protective guardianship at all times.

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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 Prairie du Rocher

Areas of Practice in Prairie du Rocher

Two-Wheeler Collisions

Proficient in legal support for individuals injured in bicycle accidents due to other parties' recklessness or dangerous conditions.

Scald Burns

Giving skilled legal assistance for victims of severe burn injuries caused by incidents or indifference.

Physician Carelessness

Extending professional legal assistance for patients affected by hospital malpractice, including medication mistakes.

Merchandise Obligation

Addressing cases involving problematic products, supplying expert legal assistance to clients affected by product-related injuries.

Elder Abuse

Supporting the rights of nursing home residents who have been subjected to mistreatment in care facilities environments, ensuring restitution.

Trip and Tumble Incidents

Specialist in dealing with fall and trip accident cases, providing legal services to victims seeking justice for their damages.

Infant Damages

Supplying legal help for kin affected by medical misconduct resulting in childbirth injuries.

Automobile Incidents

Accidents: Committed to guiding clients of car accidents gain fair remuneration for injuries and damages.

Two-Wheeler Mishaps

Expert in providing legal services for victims involved in motorbike accidents, ensuring rightful claims for damages.

18-Wheeler Mishap

Extending expert legal services for victims involved in trucking accidents, focusing on securing just recovery for damages.

Construction Incidents

Concentrated on supporting workmen or bystanders injured in construction site accidents due to oversights or irresponsibility.

Brain Damages

Committed to ensuring specialized legal advice for patients suffering from cerebral injuries due to incidents.

Canine Attack Traumas

Specialized in dealing with cases for victims who have suffered damages from canine attacks or animal assaults.

Cross-walker Crashes

Committed to legal support for joggers involved in accidents, providing dedicated assistance for recovering restitution.

Undeserved Fatality

Standing up for grieving parties affected by a wrongful death, providing sensitive and adept legal assistance to ensure justice.

Backbone Harm

Dedicated to supporting victims with backbone trauma, offering professional legal guidance to secure compensation.

Contact Us Today if you need a Person Injury Lawyer