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Wrongful Death Attorney in Roanoke

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About Carlson Bier Associates

When it comes to seeking justice for wrongful death in Roanoke, Carlson Bier is the trusted name you should consider. Their track record of success and dedication to client service affirm their esteemed reputation as superior personal injury lawyers. The deep empathy and understanding they extend toward each unique situation highlights their wholesome approach beyond legal services. They specialize in handling wrongful death cases with utmost integrity, offering outstanding expertise that helps seek fair compensation for your loss. As leading practitioners of this highly specialized area, the seasoned attorneys at Carlson Bier implement a meticulously coordinated strategy tailored first-hand around your needs and requirements. Their attention to detail empowers clients during rigorous litigation processes while ensuring exceptional responsiveness throughout potential challenges faced in pursuance of rightful restitution from culpable parties. Turn to none other than the proficient team at Carlson Bier where excellence makes par—making them an essential partner on your journey towards closure and justice.

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About Carlson Bier

Wrongful Death Lawyers in Roanoke Illinois

The choice of an attorney in a wrongful death case may be the most important decision one makes when seeking justice for their deceased loved ones. In this tragic circumstance that has been imposed upon you, we at Carlson Bier believe firmly that experience matters—and ours in complex negotiations and trial representation is replete with proven results. We are personal injury attorneys licensed to practice within the jurisdiction of Illinois state law, who understand the emotional suffering you’re going through.

Wrongful death cases cover situations where your loved one’s life was taken due to someone else’s negligence or intentional acts. It could be caused by medical malpractice, car or truck accidents, workplace injuries, defective products and various other fatal mishaps. The severity of these incidents requires adept handling from a dedicated attorney whose primary motives aren’t driven by profit but by genuine empathy for your loss while striving towards fairness compensation-wise.

Deciding whether or not you have a case can pose certain complexities because each wrongful death claim is as unique as the individual it represents. Illinois Law allows only specific people (spouses, children or parents) to file such claims within two years (exceptions apply).

Key aspects of successful legal action:

– Establishing proof: The catalyst behind the fatal incident must explicitly boil down to negligence or intentional harm.

– Determinifying damages: Tangible and intangible losses must be defined distinctly. Tangibles include loss of earnings and medical expenses; intangibles encapsulate grief & sorrow.

– Proving relationship: A powerful emotive bond between deceased and plaintiff assures greater restitution structure.

At Carlson Bier, exceptional legal resources fused with our team’s expertise and tenacity aim to properly identify responsible individuals/entities and vigorously pursue rightful compensation under Illinois law. Understanding that managing mournful responsibilities combined with aggressive litigation may add extra burden to your trauma; thus we strive tirelessly on numerous fronts—medical consultation examination, scrutinizing police reports/court findings—to piece together an undeniable cause-effect progression within paramount legal scrutiny to enhance the chances of a favorable verdict.

Among other things, empathetic representation implies prioritizing your emotional tranquility over profit; realistic case prognosis doesn’t levy extra stress on your already burdened mind. It signifies guiding you coherently through the rough waters of litigation while educating you about Illinois wrongful death statutes and their intricate implications, making our firm not an external agency but an integral part of your journey from grieving to healing.

Our services bear testament to unwavering commitment to clients’ justice pursuit, which is exemplified by no up-front costs policy because we believe cost should never impede someone’s quest for justice. Fees are levied only upon securing compensation for our clients. Furthermore, despite being deemed as unusually high-risk claims, at Carlson Bier these cases are handled with utmost dedication characterized by meticulous strategization steering away from legal roadblocks towards positive settlement destinations sooner.

Over the years we have learned that every client’s need is unique—no one-size-fits-all leads exist in this sensitive territory: Your background, circumstances surrounding the claim impact factors like evidence gathering and strategy implementation uniquely. Therefore at Carlson Bier tailored approach amalgamating experience-led strategies coupled with innovative methods propel customized solutions aiming at maximum recovery legally possible in each client’s distinct context without compromising on service quality—a fact widely recognized by satisfied clients who chose us amidst grievous times.

Even if the resulting damages cannot fill the void left behind by wrongful death incidents—the peace from bringing responsible parties to account:Isn’t it worth reaching out for? If you’re still uncertain about what could be done or how much this unfortunate incident has cost you monetarily & emotionally—do consider clicking on the button below. No strings attached nor misleading commitments ever—you’ll simply find out what value pursuing justice might hold for your specific predicament right now. The first step towards equipoise begins here—with a single click!

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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 Roanoke

Areas of Practice in Roanoke

Bike Collisions

Specializing in legal assistance for victims injured in bicycle accidents due to others' indifference or risky conditions.

Burn Wounds

Extending skilled legal support for patients of major burn injuries caused by mishaps or misconduct.

Clinical Carelessness

Extending experienced legal advice for victims affected by clinical malpractice, including misdiagnosis.

Merchandise Responsibility

Dealing with cases involving defective products, delivering professional legal services to individuals affected by defective items.

Senior Misconduct

Representing the rights of seniors who have been subjected to malpractice in care facilities environments, ensuring compensation.

Tumble & Trip Accidents

Skilled in handling tumble accident cases, providing legal advice to sufferers seeking restitution for their damages.

Neonatal Injuries

Offering legal support for households affected by medical incompetence resulting in neonatal injuries.

Automobile Accidents

Accidents: Dedicated to aiding victims of car accidents get reasonable recompense for damages and damages.

Motorcycle Accidents

Focused on providing representation for bikers involved in two-wheeler accidents, ensuring just recovery for damages.

Big Rig Incident

Offering adept legal advice for individuals involved in big rig accidents, focusing on securing rightful claims for hurts.

Construction Incidents

Focused on advocating for laborers or bystanders injured in construction site accidents due to negligence or irresponsibility.

Head Harms

Committed to offering dedicated legal services for victims suffering from cognitive injuries due to accidents.

Canine Attack Wounds

Expertise in handling cases for individuals who have suffered traumas from K9 assaults or animal assaults.

Pedestrian Incidents

Specializing in legal advocacy for foot-travelers involved in accidents, providing effective representation for recovering claims.

Undeserved Loss

Standing up for grieving parties affected by a wrongful death, offering sensitive and professional legal services to ensure redress.

Spine Damage

Expert in assisting persons with paralysis, offering compassionate legal assistance 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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