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Wrongful Death Attorney in Rock Falls

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When grappling with the sudden demise of a loved one due to another party’s recklessness or negligence, it is paramount to swiftly secure adept legal representation. Trust Carlson Bier, a top-tier Wrongful Death attorney group in Illinois well-positioned to serve clients from Rock Falls and beyond. While empathizing profoundly with your pain and anguish, we bring our deep knowledge of state laws regarding wrongful death claims into play effectively pursuing justice on behalf of your departed! Our seasoned attorneys bolster every claim using fact-based evidence that leaves no room for counter-arguments. Over several years serving countless clients like you, we’ve amassed an impressive track record fighting for rightful compensations including burial expenses, lost benefits and punitive damages among others. At Carlson Bier, our diligence merges perfectly with dedication creating unmatched advocacy at such trying times when you need strength and support most! Choosing us means placing yourself in trusted hands capable of navigating this complex terrain emerging victorious together: Choose Carson Bier today – Experience unmitigated excellence demanding accountability for loss caused wrongfully!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Rock Falls Illinois

At Carlson Bier, your trusted personal injury attorneys based in Illinois, we firmly believe you deserve justice. One of the many areas where we represent our clients is in cases of wrongful death. Wrongful death implies a case where a person has lost their life due to negligence or misconduct of another individual or entity. The aftermath of these scenarios can be devastating for surviving family members left tackle expensive medical bills and unexpected funeral expenses all while grieving an irreparable loss.

Wrongful deaths are often caused by various circumstances such as fatal accidents, medical malpractice, workplace fatalities, and defective products among others. While no amount of compensation can replace your loved one’s absence or alleviate the pain you feel from their passing, it can definitely assist with financial burdens associated with this tragic incident.

• Negligence: Proving that the defendant failed in their duty to ensure safety leading to the victim’s death.

• Breach Of Duty: Showing that negligent conduct resulted in a breach of duty towards safety norms.

• Causation: Demonstrating that the defendant’s actions aren’t just “related” but are directly responsible for the fatality.

• Damages: Evidencing fiscal repercussions due to death which may include medical costs before demise, burial fees, loss of future income & benefits along with non-economic damages like companionship loss.

As experienced wrongful-death litigators at Carlson Bier, our first priority is getting you through this challenging time. However grim adverse situations may seem now; remember – there lies a legal avenue ahead with potential remedies only an expert Illinois attorney could guide navigating you safely across these murky waters.

So what does filing a wrongful death suit entail? Wrongful death claims rest on four crucial pillars:

Being immersed inside layers upon layers of statutory rules plus extensive court procedures might baffle those unfamiliar with legalese intricacies inherent during wrongful-death lawsuits processing phases yet proving each cornerstones’ actuality becomes critical towards successful claim settlements. At Carlson Bier law firm, equipping clients with requisite skill sets furthers our pledge of offering comprehensive wrongful death lawsuits solutions.

In Illinois, wrongful death statutes place limits on the time within which claims must be filed. This is referred to as a statute of limitations and it serves to ensure that any potential claim brought forward is based on recent, reliable evidence. It’s crucial not to wait – the sooner you act in retaining legal representation, the better chances for a successful outcome.

At Carlson Bier, we understand every wrongful-death lawsuit’s individual complexities – considering each element and its unique influences while approaching these cases with tactfulness plus compassion. Handling such delicate matters imposes enormous pressure upon victims’ family members – pass them onto us instead. Here at Carlson Bier, your case isn’t just another number; rather it’s about hinging justice against voices silenced prematurely through wrongful deaths.

The presumption underlying financial compensation awarded during successful prosecution entails granting next-of-kin relative income security – something their departed loved one would’ve provided had they still been alive today. The seasoned attorneys here aim at securing this restitution beginning from initiation till resolution ensuring minimal stress throughout unfortunate circumstances.

Navigating through complex litigation waters requires experienced hands guiding throughout; hence engaging professional personal injury lawyers becomes paramount amidst managing encircling turmoil making heads or tails seem near impossible right now. However deep your despair may run currently let us assure you’re not facing these daunting adversities alone – as your dedicated advocates; we’re prepared for battle no matter how long that takes!

We invite you to click on the button below and find out more details regarding how much your specific case may worth potentially – ensuring rightful remuneration against heinous acts inflicting untimely demise within loved ones’ lives thus helping families commence healing processes gradually.

Reach out to us if you require advice, a listening ear or legal representation in filing a wrongful death lawsuit.

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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 Rock Falls

Areas of Practice in Rock Falls

Bicycle Mishaps

Focused on legal assistance for people injured in bicycle accidents due to others's negligence or perilous conditions.

Flame Wounds

Extending skilled legal assistance for patients of severe burn injuries caused by accidents or recklessness.

Physician Carelessness

Offering expert legal representation for persons affected by medical malpractice, including negligent care.

Commodities Responsibility

Addressing cases involving unsafe products, delivering adept legal assistance to consumers affected by harmful products.

Geriatric Malpractice

Advocating for the rights of seniors who have been subjected to misconduct in aged care environments, ensuring compensation.

Tumble & Stumble Occurrences

Specialist in dealing with slip and fall accident cases, providing legal representation to clients seeking compensation for their losses.

Childbirth Traumas

Extending legal guidance for loved ones affected by medical carelessness resulting in newborn injuries.

Motor Collisions

Incidents: Focused on guiding clients of car accidents receive fair remuneration for harms and destruction.

Two-Wheeler Incidents

Expert in providing legal advice for riders involved in two-wheeler accidents, ensuring justice for losses.

Big Rig Mishap

Offering specialist legal representation for persons involved in big rig accidents, focusing on securing just settlement for injuries.

Construction Collisions

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

Brain Harms

Specializing in offering professional legal assistance for clients suffering from brain injuries due to carelessness.

K9 Assault Harms

Proficient in tackling cases for people who have suffered harms from puppy bites or creature assaults.

Jogger Crashes

Expert in legal support for joggers involved in accidents, providing effective representation for recovering recovery.

Wrongful Death

Standing up for relatives affected by a wrongful death, delivering sensitive and professional legal guidance to ensure redress.

Backbone Impairment

Focused on assisting persons with spine impairments, offering professional legal guidance 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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