Wrongful Death Attorney in Roxana

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About Carlson Bier Associates

If you need wrongful death legal representation in Roxana, consider partnering with Carlson Bier. With our extensive experience and results-driven strategies, we stand tall as your ideal choice for navigating this intricate legal field. Our attorneys are dedicated to pursuing justice relentlessly on behalf of those affected by tragic circumstances. We specialize in gathering the necessary evidence, building a robust case and exerting pressure for rightful compensation or settlement negotiations while preserving client agreement rights and pertinent statute laws in Illinois. Backed by decades of successful practice across diverse personal injury cases, including wrongful deaths – Carlson Bier’s reputation for achieving favorable outcomes is unparalleled. We carry an innate understanding of the emotional toll involved; thus our approach remains empathetic yet assertive when handling each case discreetly towards upholding dignity during these challenging times. Allow us at Carlson Bier to champion your cause – because justice matters where it hurts most! Trust only Illinois’ best to help restore peace amidst complexity – trust Carlson Bier!

About Carlson Bier

Wrongful Death Lawyers in Roxana Illinois

At Carlson Bier, we are deeply committed to providing compassionate and dedicated representation for victims of wrongful death incidents throughout Illinois. Losing a loved one due to another party’s negligence or willful misconduct is a traumatic and devastating experience. Our seasoned personal injury attorneys at Carlson Bier understand the emotional toll such an event takes on a family, as well as the financial strains it often causes.

Wrongful death claims arise from instances where someone dies due to the legal fault of another person or entity. Some examples include car accidents caused by drunk drivers, medical malpractice leading to fatal consequences, intentional acts like assault resulting in death, jobsite fatalities owing to egregious safety violations, among other circumstances.

Our team of attorneys specializes in this complex area of law and has managed numerous wrongful death cases with unmatched dedication and resolve. We want our clients to fully understand what ‘Wrongful Death’ means within the context of Illinois Statutes:

• Wrongful death is when an individual’s death results from neglect, default, or wrongful act for which had they lived past this incident, they could have recovered damages.

• A close relative can file cases like these – spouse/ civil union partner, parent (if decedent was minor),/ minor child (if parents are deceased).

• In Illinois claims need filing within time limits: 1 year after the death for health care provider cases & 2 years otherwise.

• Damages recoverable include loss of monetary support that the deceased would likely have contributed if alive plus loss of affectionate relations between claimant & victim.

Armed with thorough knowledge and strategic planning techniques designed explicitly for handling wrongful death cases under Illinois law, our lawyers aim beyond just securing substantial compensation for your tragic loss. At Carlson Bier, we comprehend that no amount can replace your lost loved one; however, recovery assists in alleviating certain pressing financial burdens imposed by such unsettling events including medical bills left behind by deceased’s last sickness, funeral expenses, loss of the deceased’s future earnings and benefits.

Our attorneys are experienced in navigating the intricacies of wrongful death claims effectively. They meticulously perform investigations, assemble crucial evidence strengthening cases while also coordinating with forensic experts if needed for further confirmation on details surrounding the cause of death. Additionally, they handle all communications with involved insurance companies and entities throughout proceedings to ensure fair settlements for clients without causing extra stress during this emotional period.

While based in Illinois, we serve individuals affected by wrongful deaths statewide noted by their areas instead of cities as per state law obligations concerning advertisement standards for attorney practices. Our firm takes pride in being trustworthy advocates for those who unexpectedly endure life-altering losses due to someone else’s reckless or negligent behavior.

The pursuit of a wrongful death claim is a multilayered process that entails both legal knowledge and compassion towards grieving families. Partnering with Carlson Bier assures critical support during these trying times coupled with significant legal expertise working diligently to secure justice for your loved one’s untimely passing.

We truly understand how overwhelming this entire episode can be – confronting grief over an unexpected loss while tackling complicated legal processes right thereafter calls for more than just resilience; it requires staunch expert backing. We stand ready at Carlson Bier to provide such robust assistance every step along these tough journeys forward post such tragedies to strive towards gaining rightful compensation wherever possible.

Do you believe your loved one’s death was a result of wrongful act or neglect? Connect directly with us – Click on the button below to discover how our seasoned team of attorneys can help determine what your case could potentially be worth and guide you through securing rightful retribution assignment under Illinois Law. Remember that consultation about such matters remains completely confidential and holds no obligations attached beyond understanding how we might assist you best in pursuing justice in honor of your dear departed soul.

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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 Roxana

Areas of Practice in Roxana

Cycling Incidents

Expert in legal representation for persons injured in bicycle accidents due to others's carelessness or unsafe conditions.

Scald Burns

Giving expert legal advice for victims of intense burn injuries caused by accidents or negligence.

Medical Carelessness

Ensuring dedicated legal support for victims affected by medical malpractice, including negligent care.

Commodities Accountability

Taking on cases involving faulty products, offering professional legal support to consumers affected by harmful products.

Geriatric Mistreatment

Defending the rights of nursing home residents who have been subjected to malpractice in care facilities environments, ensuring compensation.

Slip & Stumble Mishaps

Specialist in managing fall and trip accident cases, providing legal services to clients seeking restitution for their harm.

Birth Wounds

Providing legal guidance for families affected by medical negligence resulting in childbirth injuries.

Car Crashes

Mishaps: Committed to supporting patients of car accidents obtain fair payout for wounds and destruction.

Scooter Accidents

Focused on providing representation for victims involved in motorcycle accidents, ensuring adequate recompense for traumas.

Truck Collision

Delivering expert legal advice for clients involved in trucking accidents, focusing on securing rightful recovery for harms.

Building Site Incidents

Committed to advocating for staff or bystanders injured in construction site accidents due to recklessness or recklessness.

Cerebral Traumas

Committed to delivering dedicated legal services for individuals suffering from neurological injuries due to misconduct.

Canine Attack Harms

Adept at managing cases for victims who have suffered damages from K9 assaults or wildlife encounters.

Jogger Collisions

Focused on legal representation for joggers involved in accidents, providing comprehensive support for recovering damages.

Unjust Passing

Fighting for grieving parties affected by a wrongful death, delivering sensitive and professional legal support to ensure redress.

Vertebral Harm

Dedicated to advocating for patients with spine impairments, offering professional legal guidance to secure justice.

Contact Us Today if you need a Person Injury Lawyer