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Wrongful Death Attorney in Rosiclare

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About Carlson Bier Associates

When dealing with a catastrophic event such as wrongful death, it’s crucial to have experienced legal representation on your side. Carlson Bier prides itself in serving clients facing such devastating circumstances. We are experts in the realm of personal injury law, specifically wrongful death cases and serve extensively throughout Illinois including Rosiclare. Our primary aim is providing compassionate advocacy while relentlessly pursuing maximum compensation for loss incurred due to another party’s negligence or misconduct. As seasoned attorneys, our level of expertise comes from years specializing exclusively in areas related to personal injury lawsuit and wrongful deaths claims. Choosing Carlson Bier means choosing a firm recognized by peers and former clients alike for its dedication, professionalism and proven record of success. Your case will be approached with utmost care considering the sensitivities surrounding bereavement without compromising on competence— an assurance irrelevant if you’re seeking counsel for accidental fatalities or nursing home neglect litigations among others within this practice arena; always ensuring justice prevails.

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About Carlson Bier

Wrongful Death Lawyers in Rosiclare Illinois

As premier personal injury attorneys, we at Carlson Bier strive to guide you through intricate legal matters that surround Wrongful Death claims. We understand the immense emotional and financial burden families undergo when they lose a loved one due to someone else’s negligence. Carlson Bier is committed to providing comprehensive support in your time of need.

Wrongful death lawsuits are inherently complex. They require in-depth knowledge of Illinois law, diligent investigation, data analysis, negotiation skills, and courtroom expertise – all areas where our firm excels based on decades-long experience. Initially designed to provide deceased victims’ estates with damages for expenses associated with death such as medical and funeral costs, wrongful death statutes have evolved over the years to protect surviving family members by compensating them for losses suffered due to distressing circumstances surrounding an untimely demise. Moreover, this mechanism serves as a potent deterrent for potential wrongdoers who could be liable under these laws.

• The first important aspect involves recognizing what constitutes wrongful death: By definition in Illinois statute 740 ILCS 180/, “wrongful” refers to any act(s) leading to a person’s premature death because of neglectful or default actions by another party.

• Secondarily appreciating who can file such suits carves out the path towards justice. In Illinois, usually only immediate kin- spouse or children can file a claim; nevertheless provisions exist for parents if the deceased had no spouse or direct descendants.

• The third crucial facet revolves around understanding what compensation precisely entails – covering economic losses like income loss; non-economic aspects like pain & suffering ensure equitable respite from trauma faced by grieving families.

• Lastly pinning down liability remains quintessential — whether it was negligence like reckless driving or deliberate exclusion of safety measures determine characteristics and outcomes of all claims.

At Carlson Bier we offer indispensable expertise ensuring every single detail gets meticulous evaluation positioning you for optimal results out of civil litigation pursuits.

Navigating this convoluted legal maze alone could potentially leave numerous aspects overlooked, jeopardizing your chances for rightful compensation. Our dedicated team at Carlson Bier ensures that from comprehending the complexities of laws around negligence to preparing compelling arguments representing your case thoroughly in a court of law – we’ve got you covered every step of the way.

Our commitment to our clients extends beyond mere legal representation. We understand role empathetic counsel plays in alleviating distress during these arduous times. Compassionate client relationships, staunch advocacy, relentless pursuit towards accountability and justice – Carlson Bier strives to not just handle cases but to serve individuals ravaged by life-altering losses.

In conclusion, if you or a loved one grapple with wrongful death’s devastating repercussions due to someone else’s actions- begin your quest towards justice today. Every claim holds unique elements warranting nuanced treatment- understanding what your situation specifically entails marks the first stride in this endeavor.

Wondering how much your particular case could be worth? Take advantage of our unparalleled expertise serving Illinois families navigate through their traumatic journeys over countless years now lies merely a click away. Go ahead and initiate contact by clicking on the button below ensuring whatever circumstances brought you here; we stand steadfastly by your side providing comprehensive legal support every step along this excruciating path towards recovery. Choose an ally who understands and values you. Choose Carlson Bier: delivering justice and restoring hope- smartly and resourcefully…today as well tomorrow!

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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 Rosiclare

Areas of Practice in Rosiclare

Bicycle Incidents

Dedicated to legal representation for clients injured in bicycle accidents due to responsible parties' negligence or hazardous conditions.

Thermal Traumas

Offering specialist legal support for victims of grave burn injuries caused by mishaps or carelessness.

Clinical Carelessness

Extending professional legal assistance for patients affected by medical malpractice, including wrong treatment.

Products Accountability

Dealing with cases involving faulty products, delivering professional legal help to victims affected by product malfunctions.

Senior Abuse

Supporting the rights of aged individuals who have been subjected to mistreatment in care facilities environments, ensuring restitution.

Stumble and Slip Injuries

Professional in managing fall and trip accident cases, providing legal representation to persons seeking redress for their losses.

Birth Wounds

Offering legal assistance for households affected by medical malpractice resulting in birth injuries.

Motor Collisions

Crashes: Dedicated to aiding sufferers of car accidents obtain reasonable compensation for injuries and damages.

Bike Accidents

Dedicated to providing legal advice for victims involved in motorbike accidents, ensuring justice for losses.

Trucking Accident

Extending expert legal services for drivers involved in semi accidents, focusing on securing rightful settlement for losses.

Building Accidents

Engaged in representing laborers or bystanders injured in construction site accidents due to safety violations or recklessness.

Head Damages

Focused on offering expert legal support for persons suffering from cognitive injuries due to misconduct.

K9 Assault Wounds

Proficient in tackling cases for clients who have suffered wounds from puppy bites or animal attacks.

Cross-walker Accidents

Dedicated to legal advocacy for pedestrians involved in accidents, providing comprehensive support for recovering claims.

Unjust Death

Standing up for grieving parties affected by a wrongful death, delivering caring and adept legal assistance to ensure fairness.

Spinal Cord Injury

Expert in advocating for individuals with backbone trauma, offering compassionate legal guidance to secure recovery.

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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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