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Wrongful Death Attorney in Savanna

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the tragic circumstances of a wrongful death, Carlson Bier’s exceptional attorney team stands ready to serve Savanna residents. Our firm excels in imparting knowledgeable advice and compassionate support during such challenging times. Sadly, unexpected demise often leaves families grappling with emotional distress coupled with huge financial burdens. This is where our years of experience in handling wrongful death cases prove crucial— We ensure our clients get the justice they deserve. As dedicated personal injury lawyers, we scrupulously analyze every aspect of your case to seek fair compensation for funeral expenses, lost wages, medical bills and more importantly absence from loved ones that you are enduring because of careless or intentional conduct by others. We pride ourselves on not only being conversant with Illinois law but merging this expertise with empathy while handling wrongul death suits fiercely yet compassionately. Let Carlson Bier be your ally at making rights meet reality as you navigate through such painful situations; And rest assured knowing we fight passionately for each deserving client’s cause just like it were ours!

About Carlson Bier

Wrongful Death Lawyers in Savanna Illinois

At Carlson Bier, our aim is leveraging our nuanced knowledge of personal injury law, to help you navigate through the tumultuous waters of Wrongful Death claims. This area of practice speaks to situations where a loved one has died due to negligence or misconduct of another party; positioning us as your advocate in these testing times.

Understanding Wrongful Death would require understanding what classifies as such under Illinois Law. It applies when an individual loses their life because of some form of illegal conduct whether unintentional or deliberate. When a person suffers an avoidable death, the surviving family members may have grounds to file for wrongful death. Family members who are eligible include spouses, parents if the deceased was an unmarried minor, adult children if the deceased had no spouse nor minor children and siblings but only if there’s no spouse, child nor parent.

Let’s not mince words – retaining legal representation from Carlson Bier ensures you tap into unparalleled expertise specially honed over years of hard-fought litigations and negotiations. We offer candid advice on how best to approach complicated issues set off by devastating losses cognizant that every situation is uniquely different.

Some key aspects regarding Wrongful Death cases;

– They can occur from a variety of scenarios like car accidents, faulty products, medical malpractice among others

– Damages in such cases covers pecuniary injuries including loss of support and consortium, grief anguish and sorrow among other measurable damages

– Filing timelines also known as statutes limitation varies depending on circumstances within which death took place

Our accomplished attorneys at Carlson Bier understand that establishing proof in wrongful death cases hinges upon two elements; first is confirmation that death directly resulted from defendant’s negligent actions with clarity beyond reasonable doubt being crucial here while determination plaintiff suffered tangible harm monetarily being second significant aspect.

Additionally capacity work intricate lawsuits underscores just how trial-ready we are. Among pertinent questions we ask then seek evidentiary proof comprise was there duty care owed deceased from defendant? Did they breach this duty by engaging reckless or negligent behavior?

Having competent representation helps you consolidate, compile then present your case professionally.

More than just legal partners, we at Carlson Bier empathize deeply with our clients’ pain. Bereavement bears heavy toll on family’s emotional and mental wellbeing; hence why we strive in ensuring provision of recourses streaming free counseling or therapy recommendations because we understand that your wellbeing is not a mere footnote but an important aspect of the journey to restoration.

Partnering with us guarantees service guided by a commitment to justice conclusively determined through fair compensation derived solely upon premise and compulations set out by reputable insurance companies reducing likelihood disputable claims which could potentially result in drawn-out court proceedings.

Drawing close this insightful delve into world Wrongful Death law practice – our focus being shedding light, prospective clients are encouraged tap ‘Find Out More” button below for more personalized evaluation on possible value of their cases. Because no two wrongful death cases are alike, it’s critical to have experienced legal representation like us to ensure proper evaluation and navigation. For bereaved families seeking closure every moment matters therefore do not wait another minute! Click the provided link providing answers questions you may need addressed getting you closer towards realization justice deserved. Knowledge isn’t only power, it’s also empowerment- cheers to taking first step towards fighting back armed right information!

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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 Savanna

Areas of Practice in Savanna

Pedal Cycle Collisions

Dedicated to legal advocacy for individuals injured in bicycle accidents due to others' carelessness or perilous conditions.

Fire Damages

Extending adept legal help for victims of intense burn injuries caused by mishaps or recklessness.

Clinical Incompetence

Ensuring experienced legal services for clients affected by physician malpractice, including wrong treatment.

Products Fault

Handling cases involving defective products, delivering adept legal guidance to consumers affected by faulty goods.

Nursing Home Neglect

Protecting the rights of nursing home residents who have been subjected to misconduct in aged care environments, ensuring restitution.

Slip and Trip Injuries

Skilled in tackling stumble accident cases, providing legal representation to individuals seeking redress for their suffering.

Birth Damages

Supplying legal aid for loved ones affected by medical negligence resulting in neonatal injuries.

Motor Crashes

Collisions: Dedicated to assisting victims of car accidents get appropriate compensation for damages and harm.

Motorcycle Accidents

Dedicated to providing legal services for motorcyclists involved in two-wheeler accidents, ensuring justice for losses.

Big Rig Collision

Delivering professional legal assistance for drivers involved in semi accidents, focusing on securing rightful compensation for hurts.

Building Incidents

Committed to supporting employees or bystanders injured in construction site accidents due to safety violations or misconduct.

Head Injuries

Dedicated to offering compassionate legal support for clients suffering from head injuries due to misconduct.

K9 Assault Injuries

Skilled in dealing with cases for victims who have suffered wounds from canine attacks or wildlife encounters.

Foot-traveler Accidents

Focused on legal support for pedestrians involved in accidents, providing effective representation for recovering damages.

Unfair Death

Fighting for bereaved affected by a wrongful death, providing understanding and adept legal assistance to ensure restitution.

Neural Injury

Dedicated to assisting persons with paralysis, offering professional legal guidance to secure compensation.

Contact Us Today if you need a Person Injury Lawyer