Wrongful Death Attorney in Rome

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About Carlson Bier Associates

Navigating the complexities of a wrongful death case requires expertise that only seasoned attorneys possess. Carlson Bier is highly reputed for having an exceptional team of dedicated personal injury lawyers, deeply committed to upholding justice in these sensitive matters. With decades of practical experience, they offer unparalleled service and sagacious solutions while operating within Illinois’s legal framework. Their mastery lies in devising compelling arguments and demonstrating fault with irrefutable evidence which significantly increases the prospects for fair compensation. The unmatched skills employed by this group have led numerous families through dark times to obtain rightful restitution relieving financial burden following untimely losses experienced due their loved ones’ unluckful circumstances.

Carlson Bier remains a bastion of trust throughout navigating all intricacies involved in wrongful death lawsuits allowing healing process without undue stress or worry over complex litigation processes.Hence when considering representation during tough times involving wrongful deaths it would be wise to choose Carlson Bier; giving grief-stricken individuals peace of mind knowing their legal welfare is dutifully handled.

About Carlson Bier

Wrongful Death Lawyers in Rome Illinois

Experience. Expertise. Compassion– three cornerstones of the law firm Carlson Bier, your trusted personal injury attorney group based in Illinois. We understand that discussing wrongful death is challenging and emotionally taxing; regardless, it remains a concept you need to understand fully if you, unfortunately, find yourself dealing with such a tragedy.

In simple terms, wrongful death refers to cases where a person’s death has been caused by negligence or misconduct on another person or party’s part. While the category can encompass many scenarios ranging from car accidents to medical malpractice and product liability, every evidence-based claim typically addresses these pivotal points:

– Evidence of Death: Legal documentation establishing an individual’s demise.

– Negligence Involvement: An explanation detailing how the carelessness or recklessness of another played a vital role in this unfortunate event.

– Surviving Family Members: There must be established dependents or beneficiaries.

– Monetary Damages: The incurred monetary hardships faced due to loss – funeral expenses, lost wages, etc.

These are the basic components when considering filing for compensation against wrongful death. However complex specifications differ under Illinois law which deserves a closer look.

Under Illinois’ Wrongful Death Act (740 ILCS 180/), surviving spouses and next of kin may seek damages resulting from grief, sorrow, and mental suffering inflicted by their loved one’s untimely departure. Unlike other states where mourning damages might not be figured in compensation contexts – understanding local legal parameters enhances initiation for rightful claims immensely warranting professional legal assistance like ours at Carlson Bier.

Keeping sight on accountability during such distressing times can seem impossible – but Carlson Bier brings to bear years of seasoned expertise in handling these challenging predicaments fairly and respectfully. Our firm guides you step-by-step throughout lawsuit processes ensuring your family is represented powerfully with dignity upheld. We pride ourselves on our meticulous attention-to-detail by persistently tracking down necessary documentations coupled alongside aptly navigating through legal systems for critical results.

It also helps that we boast a stellar reputation with insurance companies. Our approach empowers negotiation abilities favoring settlement terms more beneficial towards our clients. However, when necessary, we carry the skillset to pursue trials aggressively maximizing compensations obtainability.

We understand merely discussing such intricacies might drain your energies and patience given testing circumstances you battle emotionally amidst chasing justice. It is why Carlson Bier aims to present feasible options ensuring every personal injury-related dilemma isn’t faced alone but lead strategically alongside seasoned professionals sharing burden loads shoulder-to-shoulder sympathetically.

Please consider these daunting facts if faced with an improbable situation of wrongful death – utilizing specialist lawyers from Carlson Bier shall drastically alter your case trajectory nudging outcomes within your favor. Through dedicated efforts coupled with empathetic understanding–we intend curating legal journeys least stressful enabling solely focused grief channelization aiding healing processes effectively nurtured.

Deciding which attorney represents your best interest could be the difference-maker between successfully receiving settlements deserved or carelessly overlooking vital compensation elements unnoticed by untrained eyes potentially disadvantaging you indeed at monetarily sensitive situations thus prospectively deepening financial wounds further.

Whether uncertain about initiating lawful proceedings or contemplative regarding suitable approaches ahead – it is absolutely crucial reaching out to professional resources guiding informed actions beneficial in long-run strategic decisions consequently avoiding unnecessary complications exacerbated down the line linked closely with lack of experienced input having forsaken rightful claims vainly cease-explored unfortunately received too late profoundly rendering utterly non-negotiable as per Illinois state law protocols rigidly adhered acting upon prescribed timelines stringently outlined.

With keen appreciation of how overwhelming this journey can feel especially when as arduous as dealing with untimely loss; let us dispel the fog surrounding associated legalese simplifying complexities into digestible information constructively designed tailored specifically enhancing comprehension capacities achieving fruitful discussions open-heartedly encouraged aligning communal understandings bridged productively ensuring our client-lawyer relationships remain steadfast throughout, consistently.

As a final note, we would like to extend the offer to find out what your case could potentially be worth. By pressing on the link below, you can receive a personalized estimate from Carlson Bier’s specialist team. With us as your representation, experience the difference of expertise collaboration with adept guidance strongly advising maximum claims deservedly warranted pursuing resolutions resolved satisfactorily guaranteeing overall peace retained amidst persisting emotional turmoils otherwise threatening unsettling stability states during sensitive times significantly eased managed effectively under professional assistance systematically charted. At Carlson Bier, gain reassured confidence navigating wrongful death cases championing vested rights protected fearlessly upheld above all else indisputably prioritized foremost always.

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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 Rome

Areas of Practice in Rome

Bike Crashes

Expert in legal support for persons injured in bicycle accidents due to responsible parties' recklessness or hazardous conditions.

Flame Damages

Offering specialist legal assistance for individuals of severe burn injuries caused by mishaps or recklessness.

Clinical Malpractice

Providing expert legal advice for patients affected by clinical malpractice, including medication mistakes.

Products Fault

Managing cases involving faulty products, delivering professional legal help to victims affected by faulty goods.

Nursing Home Malpractice

Defending the rights of nursing home residents who have been subjected to mistreatment in elderly care environments, ensuring protection.

Stumble and Tumble Mishaps

Specialist in addressing slip and fall accident cases, providing legal services to sufferers seeking compensation for their harm.

Childbirth Harms

Providing legal guidance for loved ones affected by medical malpractice resulting in neonatal injuries.

Automobile Crashes

Mishaps: Focused on aiding clients of car accidents get just recompense for harms and damages.

Motorbike Incidents

Specializing in providing legal advice for riders involved in bike accidents, ensuring rightful claims for losses.

Truck Accident

Delivering experienced legal representation for persons involved in big rig accidents, focusing on securing rightful recovery for injuries.

Worksite Collisions

Engaged in supporting employees or bystanders injured in construction site accidents due to negligence or negligence.

Neurological Injuries

Dedicated to extending specialized legal representation for victims suffering from cognitive injuries due to negligence.

Canine Attack Traumas

Expertise in managing cases for persons who have suffered traumas from canine attacks or creature assaults.

Foot-traveler Crashes

Dedicated to legal services for walkers involved in accidents, providing professional services for recovering restitution.

Unwarranted Loss

Advocating for relatives affected by a wrongful death, providing caring and professional legal assistance to ensure compensation.

Neural Trauma

Specializing in assisting clients with spine impairments, offering professional legal assistance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer