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Wrongful Death Attorney in Rushville

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

If you are seeking skilled legal representation in wrongful death cases, consider the esteemed law firm of Carlson Bier. With a pronounced focus on personal injury and wrongful death claims across Illinois, they have established themselves as trusted advocates for justice and fair compensation. Their team of dedicated attorneys diligently uphold the rights and interests of their clients who face life-altering aftermaths due to another’s negligence or misconduct resulting in wrongful death. They possess an unmatched mastery over state-specific legalities, ensuring knowledgeable navigation through complex litigations. Pioneering innovative strategies backed by compassion, sensitivity, and tenacity; they relentlessly pursue optimal case outcomes that reflect both justice served and future security ensured for grieving families in Rushville. Notably recognized for their unwavering commitment towards each case’s unique circumstance paired with a reputation built on high success rates; Carlson Bier should be your first choice when considering professional assistance with these emotionally charged pursuits in resolving a tragic loss due to someone else’s gross negligence or deliberate harm.

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About Carlson Bier

Wrongful Death Lawyers in Rushville Illinois

Welcome to the Carlson Bier, personal injury attorneys dedicated exclusively to asserting the rights of victims and survivors in unjust circumstances. Our Illinois-based firm specializes in various areas including cases involving Wrongful Death. It’s important for you as a victim or relative of a victim to understand what wrongful death entails.

Wrongful death is an instance where your loved one dies resulting from someone else’s negligence or intentional infliction of harm. Bear in mind, liability isn’t just limited to individuals but organizations too can be held accountable if their actions contributed to the unnecessary loss of life. This law ensures that those who’ve suffered this indescribable hardship have legal channels open for them to seek compensation.

The primary elements comprising a Wrongful Death suit are:

• The death of a human being

• Caused by another’s negligence, or with intent to cause harm

• Survival of family members suffering monetary injury due to the death (proven during litigation)

• Appointment of a personal representative overseeing deceased’s estate

At Carlson Bier, we deeply empathize with your pain and take every measure possible to ensure you receive fair compensation for your sufferings inclusive but not restricted solely financial claims; mental anguish, emotional distress, lost companionship also fall within purview.

Following are the typical circumstances warranting filing a Wrongful Death lawsuit:

• Car Accidents- If another driver’s negligent actions resulted in an accident causing fatality.

• Medical Malpractice – When healthcare professionals deviate from standardized medical practices subsequently causing patient demise.

• Workplace Accident- Cases where appropriate safety guidelines weren’t followed leading ultimately workplace deaths.

A critical point about these suits is they must typically be filed within two years from date of decease according per Illinois’ statute limitations unless there exist certain extenuating outside regular purview determining liability periods. Also noteworthy, only specific parties entitled legally file wrongful deaths suits i.e., surviving spouse direct next kin deceased.

Here at Carlson Bier, our approach to litigation is one of staunch advocacy for our clients. We believe in providing more than just legal help – we offer compassionate understanding and will guide you through the process step by step. Our experienced attorneys fight your case as if it were their own because every client deserves to see justice served.

We salute you for taking the first step toward embracing a path to justice and welcome you aboard this journey together with us, knowing that no one should face such a tumultuous period alone. Your evolution from sorrow towards viewing life anew invokes an indomitable strength stemming from within.

So now, it’s time for action! Every wrongful death case carries different aspects that vary greatly both legally and emotionally. Discover how much your case is truly worth by clicking the button below. Let Carlson Bier take charge of proving negligence, quantifying damages, dealing with obstinate insurance carriers, or even opposing parties in court so that you can keep focus on healing yourself and protecting those dear ones dependent on you during these challenging times.

Finally, remember: You’ve got Carlson Bier by your side always ready helping turn tragedy triumph because matters not weak fell down but strong rise back up again – everybody falteringly deals painful losses differently nobody should ever be forced bear such horrifying passing loved ones devoid requisite closure comprehending measures taken against causing negligent parties instrumental combating systemic leniency extended perpetrators negligence cases hence propelling society towards safer tomorrow anchored justice peace comfort trauma-stricken victims families Wrongful Death incidents. Gain control over grief today confirm value lawsuit clicking button below let’s join hands work collaboratively making world just place live loved won’t go vain!

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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 Rushville

Areas of Practice in Rushville

Two-Wheeler Crashes

Proficient in legal support for victims injured in bicycle accidents due to others' negligence or hazardous conditions.

Fire Injuries

Providing adept legal advice for victims of intense burn injuries caused by events or recklessness.

Clinical Misconduct

Providing dedicated legal services for clients affected by physician malpractice, including surgical errors.

Items Accountability

Dealing with cases involving dangerous products, extending specialist legal help to individuals affected by faulty goods.

Nursing Home Mistreatment

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

Slip & Tumble Accidents

Specialist in tackling trip accident cases, providing legal services to individuals seeking recovery for their losses.

Birth Damages

Providing legal help for kin affected by medical carelessness resulting in neonatal injuries.

Vehicle Crashes

Crashes: Committed to assisting victims of car accidents obtain just payout for harms and impairment.

Bike Mishaps

Focused on providing legal services for individuals involved in bike accidents, ensuring justice for damages.

Big Rig Accident

Delivering professional legal services for persons involved in big rig accidents, focusing on securing appropriate claims for losses.

Building Mishaps

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

Neurological Impairments

Specializing in ensuring compassionate legal assistance for individuals suffering from head injuries due to carelessness.

Canine Attack Wounds

Specialized in dealing with cases for clients who have suffered wounds from canine attacks or animal assaults.

Pedestrian Crashes

Committed to legal assistance for walkers involved in accidents, providing comprehensive support for recovering recovery.

Undeserved Loss

Fighting for relatives affected by a wrongful death, supplying empathetic and adept legal assistance to ensure restitution.

Vertebral Trauma

Dedicated to defending individuals with spine impairments, offering compassionate legal assistance to secure compensation.

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Contact Us Today if you need a Person Injury Lawyer

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