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Wrongful Death Attorney in Rossville

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Pursuing a wrongful death claim is undeniably complex and emotionally draining. Hence, trusting your case to Carlson Bier’s esteemed Wrongful Death attorneys might be the best decision you could take during this taxing time. With decades of experience in Illinois’ legal landscape, we’ve successfully advocated for families devastated by lost loved ones due to others’ negligence or malfeasance. Our practice encompasses all manners of wrongful death cases, from medical malpractice incidents and industrial accidents down to automobile mishaps which culminate in fatalities. We’re known for relentlessly fighting to ensure justice prevails while recognizing each client’s emotional ordeal with empathy and respect rarely seen amongst competitors.The team at Carlson Bier leaves no stone unturned in seeking maximum compensation available under law.We are confident about our abilities as Wrongful Death attorneys owing much to an exemplary track record that speaks volumes.Criteria utilized aren’t limited merely by geographic proximity but also professional competence hence making us a prime selection regardless where you reside within Illinois.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Rossville Illinois

Welcome to Carlson Bier: the leading personal injury attorneys in Illinois. Our firm has distinguished itself through a tireless dedication to securing justice for victims of wrongful death. So, if you or someone close to you has tragically been affected by an avoidable accident, we’re here to provide invaluable legal assistance tailored specifically to your circumstance.

Wrongful deaths can be devastating and perplexing events. We understand that as much as they are emotional setbacks, they also present legal complexities that are far beyond most people’s comprehension. At their core, wrongful death suits involve proving negligence or misconduct of one party resulting in the demise of another. While no financial compensation can replace a lost life, obtaining justice through substantial recourse affords survivors closure and provides financial stability.

As experts in this field, we’ve crafted our service around guiding and assisting victims’ families from start to finish during these daunting legal proceedings. This includes:

– Exhaustively investigating the wrongful death case

– Thoroughly evaluating potential damages

– Asserting claims against all liable parties

– Aggressively advocating for just compensation on behalf of grieving family members

At Carlson Bier, we truly believe in making law accessible and understandable for everyone involved. To explain further about proven negligence or wrongdoing required for any wrongful death suit; inevitably there must be a breach of duty from one party towards another which directly results in harm inflicted on the latter causing death eventually. Secondly, clear causation must exist between aforementioned breach and subsequent harm incurred; Medical malpractice is perhaps most obvious example with potentially unprofessional conduct from healthcare providers being fatal in worst cases.

The second critical component pertains to damages due from unfortunate demise caused as a direct result of negligent act committed upon deceased individual – who would have been entitled personally filing claim if survived; These may include loss of earnings, medical expenses prior to decease among other conceivable losses endured post-demise by decedent’s dear ones including spouses or children. Noteworthy is the fact that Illinois law recognizes two distinct types of wrongful death claims: Survival Claims and Wrongful Death Actions – expanding potential for claimants to recoup a wider variety of damages.

Given tragic circumstances surrounding personal loss, often those left behind neglect pursuing rightful legal recourse; this is where we step in. The team at Carlson Bier emphasizes empathy coupled with expertise. Our representation consists foremostly of understanding our client’s emotional turmoil before implementing decades worth expertise ensuring bountiful boon helping navigate such legally elaborate proceedings aimed ultimately at procuring rightfully deserved compensation.

However, please remember these cases are governed by statute of limitations which varies from state-to-state hence it becomes imperative to act swiftly; In Illinois specifically, survival actions must be brought within two years whereas pertaining wrongful death filing usually needs occur within one year date knowing or should have known about lethal medical mistake being responsible party for demise inflicted upon their dear one.

Whether this information is new to you or if it serves as reassurance confirming details already known, we hope to emphasize even further the importance of having a dedicated personal injury attorney on your side during these trying times. Now, while surviving family members carry purpose more noble representing their departed loved ones envisaging justice served securing closure, financial strain endured consequential thereto can largely negate envisaged relief won fighting hard earned legal battle – a burden they don’t deserve and an outcome we tirelessly fight against.

We cordially invite you to seize opportunities lying just beneath the surface in this alarming adversity today. Let Carlson Bier answer your pertinent questions personalizing proposed strategy targeting best-possible settlement based on bespoke elements defining individual case you bring forth on our table.

Click on the button below so we may determine together what your case could potentially be worth aiming towards grant of maximum entitled compensation easing unbearable weight off your shoulders thus allowing yourselves time needed healing from indescribable pain suffered recently.

Learn further how together we accomplish what individually seems improbable – navigating through legal labyrinth reaching at destination justice served – providing closure needed moving on in life! Click below and be welcomed into the Carlson Bier family helping secure rightful claim while dealing with otherwise overwhelming situation marked typically by significant grief accented financial stress. Together we overcome empowering your song of resilience echoing into endless tomorrows!

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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 Rossville

Areas of Practice in Rossville

Cycling Accidents

Proficient in legal services for people injured in bicycle accidents due to others' recklessness or risky conditions.

Fire Burns

Giving specialist legal support for patients of grave burn injuries caused by mishaps or recklessness.

Clinical Negligence

Providing experienced legal advice for victims affected by medical malpractice, including misdiagnosis.

Commodities Liability

Addressing cases involving unsafe products, supplying adept legal help to consumers affected by product malfunctions.

Senior Mistreatment

Protecting the rights of nursing home residents who have been subjected to misconduct in nursing homes environments, ensuring compensation.

Tumble & Tumble Occurrences

Adept in handling tumble accident cases, providing legal support to individuals seeking redress for their suffering.

Birth Damages

Offering legal guidance for relatives affected by medical incompetence resulting in birth injuries.

Vehicle Crashes

Incidents: Devoted to assisting patients of car accidents obtain equitable settlement for damages and damages.

Motorbike Mishaps

Expert in providing legal services for victims involved in two-wheeler accidents, ensuring just recovery for damages.

Semi Mishap

Offering expert legal support for drivers involved in trucking accidents, focusing on securing just compensation for losses.

Building Site Collisions

Committed to defending staff or bystanders injured in construction site accidents due to safety violations or carelessness.

Brain Harms

Committed to ensuring dedicated legal assistance for patients suffering from neurological injuries due to accidents.

Dog Attack Traumas

Adept at dealing with cases for people who have suffered harms from dog attacks or animal attacks.

Foot-traveler Crashes

Focused on legal advocacy for pedestrians involved in accidents, providing effective representation for recovering recovery.

Unjust Loss

Advocating for bereaved affected by a wrongful death, supplying compassionate and skilled legal support to ensure fairness.

Backbone Harm

Specializing in assisting individuals with backbone trauma, offering specialized legal assistance to secure redress.

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312-313-2440