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Wrongful Death Attorney in Prestbury

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About Carlson Bier Associates

When dealing with a traumatic event as devastating as wrongful death, finding the right legal representation is crucial. Carlson Bier, renowned for meticulous law practice in Illinois, emerges as your best choice in such trying times. We provide dedicated and compassionate assistance to families struck by the unfortunate incidence of wrongful death while ensuring that justice and appropriate compensation are adequately served. Led by seasoned attorneys who understand all intricacies of Illinois laws related to Wrongful Death cases, our team exemplifies professionalism and profound empathy rolled into one. Our track record bears evidence of countless relieved clients across cities like Prestbury whom we’ve helped navigate through demanding litigation processes seamlessly. Our expertise lies not just in understanding the law but also anticipating its interpretations – this comprehensive approach allows us to fight spiritedly on behalf of those struck by grievous losses where negligence or misconduct may have played a role. Compassionate evaluation combined with aggressive representation – that’s what sets Carlson Bier apart when considering exceptional legal counsel for Wrongful Death cases.

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Wrongful Death Lawyers in Prestbury Illinois

Wrongful Death: A Deep-dive by Carlson Bier

Often, you might come across the term ‘wrongful death’. But what precisely does it mean? Foremost, this is a legal concept that pertains to circumstances where a person’s death is caused directly or indirectly by someone else’s negligence, misconduct, or intentional action. Regrettably, these tragic incidents are more common than you think and can devastate the lives of those left behind. This entire process can be challenging and confusing for any individual enduring such adverse times, which is why we at Carlson Bier provide exceptional personal injury legal guidance.

Essentially:

• Wrongful death claims are civil lawsuits pursued by surviving family members against the party responsible for their loved one’s passing.

• These claims seek compensation for expenses linked to the death itself and other related costs like lost wages or emotional distress.

In Illinois specifically, wrongful death cases have distinct laws that vary from other states. One primary aspect being the statute of limitations; in general terms – how long you have following your loved one’s passing to file a claim. In Illinois, this timeline is within two years of the date of death. However, exceptions do exist based on variables like when cause of death was discovered etcetera which make understanding this complex procedure vital.

Moreover:

• The distribution of wrongful death settlements varies as per state laws.

• In Illinois, if there is a will in place; damages usually go to those designated therein.

• Absence of a will directs trials towards next of kin; demonstrating its complexity.

Following through with a wrongful argument involves establishing specific elements crucially pertaining to negligence:

1) Duty Of Care: The defendant owed duty of care to deceased

2) Breach Of Duty: Defendant failed their responsibility leading directly/indirectly causing demise

3) Causation: Proof that breach indeed led up towards unfortunate outcome.

4) Damages: Tangible losses accrued due to death that require compensation.

Navigating the intricacies of such cases calls for experienced, patient, and diligent counsel. The journey towards resolution often requires exhaustive procedures: intensive fact-finding missions; expert consultations; damage quantification and negotiation strategies – all while approaching sensitive emotional elements with utmost care. With lives disrupted in unimaginable ways – a proven ally like Carlson Bier guides you through this complex legal labyrinth.

Not merely taking up cases, we believe in adding value to your life by arming you with knowledge on wrongful deaths so you can make informed decisions during these trying times. Be it understanding specific responsibilities entrusted upon parties involved or realizing subtle loopholes that may aid/hinder the case outcomes – our professional team at Carlson Bier leaves no stone unturned. We help streamline the process by providing meaningful resources , expediting justice delivery both figuratively speaking and otherwise.

At Carlson Bier, we understand that wrongful death lawsuits are about more than just financial compensation – they also serve to bring closure and justice for grieving family members left behind after an untimely tragedy strikes their loved one down. Our dedicated lawyers have extensive experience navigating Illinois’ complicated personal injury laws, ensuring those responsible are held accountable, thereby providing families with much-needed support to adjust post loss.

We don’t claim victory unless success resounds in courtroom echoes! This very ethos makes us a staunch partner to entrust your legal battles with – be it sparking dialogue or fanning fiery retort; positioning arguments astutely or pursuing judiciously – every move carefully measured towards serving primary goal: Justice!

Finding yourself dealing with uncertain circumstances following a tragedy is difficult enough without being weighed down by confusing legal jargon. So trust us at Carlson Bier as proficient partners standing beside you each step of way in battling steep odds stacked against you post adverse events like these.

Face adversity heads-on knowing someone’s got your back! Tap into our expertise by clicking the button below to evaluate worth of your case – transforming a traumatic end into hopeful beginnings with 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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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 Prestbury

Areas of Practice in Prestbury

Cycling Crashes

Expert in legal assistance for victims injured in bicycle accidents due to other parties' indifference or hazardous conditions.

Flame Injuries

Giving adept legal services for patients of intense burn injuries caused by accidents or misconduct.

Hospital Malpractice

Offering experienced legal representation for individuals affected by medical malpractice, including negligent care.

Products Accountability

Dealing with cases involving faulty products, extending expert legal services to individuals affected by harmful products.

Senior Malpractice

Protecting the rights of nursing home residents who have been subjected to misconduct in care facilities environments, ensuring fairness.

Tumble and Stumble Accidents

Expert in tackling fall and trip accident cases, providing legal support to sufferers seeking recovery for their suffering.

Infant Traumas

Delivering legal support for households affected by medical malpractice resulting in newborn injuries.

Vehicle Collisions

Crashes: Committed to supporting clients of car accidents obtain reasonable recompense for injuries and destruction.

Two-Wheeler Collisions

Committed to providing legal services for victims involved in two-wheeler accidents, ensuring justice for injuries.

Truck Accident

Offering specialist legal support for drivers involved in big rig accidents, focusing on securing just settlement for damages.

Building Site Collisions

Engaged in representing employees or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Cerebral Harms

Committed to offering dedicated legal support for clients suffering from neurological injuries due to misconduct.

K9 Assault Traumas

Expertise in managing cases for victims who have suffered traumas from K9 assaults or wildlife encounters.

Pedestrian Collisions

Dedicated to legal representation for joggers involved in accidents, providing effective representation for recovering recovery.

Wrongful Loss

Working for grieving parties affected by a wrongful death, providing empathetic and expert legal assistance to ensure justice.

Vertebral Trauma

Committed to supporting victims with spinal cord injuries, offering expert legal support to secure settlement.

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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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