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Wrongful Death Attorney in Serena

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About Carlson Bier Associates

In the unexpected event of a wrongful death, Carlson Bier is your ideal ally in securing justice. Our law firm sets itself apart with our substantial experience and knowledge in sorting out the chaos and confusion that follows an unfortunate demise. Located in Illinois, we have provided exceptional legal services for decades, marking ourselves as guardians of justice especially when it comes to Wrongful Death cases. We prioritize pursuing maximum compensation while offering empathy and understanding to help clients through their difficulties.

We understand how crucial it is to factor in both emotional anguish and financial effects during such times; hence our steadfast commitment towards representing client interests rigorously.

What you need now more than ever are reliable hands on deck during this challenging period: enter Carlson Bier – a beacon of hope amid turmoil. What singles us out isn’t just our excellence at resolving complex legal matters related directly or indirectly to Wrongful Death but also the human touch we incorporate throughout proceedings – we make sure your voices are heard, uphold dignity for lives lost prematurely while restoring peace within households entirely disrupted by undeserved loss.

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About Carlson Bier

Wrongful Death Lawyers in Serena Illinois

As a premier law firm located within the heartland of Illinois, Carlson Bier is committed to delivering top-tier legal assistance and services to those who have been subjected to personal injury matters. That includes providing our community with vital information about crucial subjects such as Wrongful Death Cases. Wrongful death can be best defined as a claim against an individual or entity held liable for someone’s demise. The litigant could range from the person directly responsible for harming the deceased to indirect involvement like equipment manufacturers in case of accidental deaths due to faulty machinery.

A wrongful death claim often arises post incidents that would constitute a personal injury lawsuit had the victim survived. These comprise varied scenarios including but not limited to auto accidents caused by negligence; medical malpractice resulting in patient fatality; untimely death during supervised activity or due to deliberate harm intended by another person. Through this avenue, surviving immediate kin or beneficiaries may seek financial compensation for their losses such as lost prospects of inheritance, cost of pre-death medical care, funeral expenses etc.

In order for a wrongful death suit to be successful in court, it hinges upon certain conditions: first and foremost evidence which supports that the defendant’s negligent or intentional action brought about death; secondly substantive proof highlighting how dependents or beneficiaries incurred monetary hardships because of it. By effectively establishing these points before jury members, likelihood of procuring deserved damages dramatically increases.

The state laws governing wrongful death lawsuits vary widely across jurisdictions. However in many states there are statutes delineating who might bring forth such claims at court: typically immediate family members given preference followed by life partners/domestic companions/financial dependents and then distant clan members so on.

It’s important also understand that timing is critical when registering a wrongful death case since such lawsuits should adhere strictly towards applicable “statutes of limitations”. This means they need be filed within specified time period following incident causing demise which generally runs between one and three years depending exact jurisdiction where incident unfolded.

At Carlson Bier, we firmly believe in empowering victims seeking justice. Our team of dedicated personal injury attorneys will navigate complexities local legislations for you with an aim to secure due reparations that can provide some modicum solace these challenging times. We offer robust representation tailored uniquely towards your case and its distinct confronts coupled coherent counselling support throughout legal procedure ensuring you are never alone through this arduous journey.

Nothing replaces the loss of a loved one but taking steps toward securing rightful compensation constructs a pathway towards justice. It grants a sense of closure while safeguarding financial future eliminating abrupt disruptions usually accompanying such unfortunate occurrences. Being cognizant about wrongful death statues provides not just awareness but initiates necessary course action when faced with similar circumstances.

Choosing suitable legal counsel pivotal role during processing wrongful death claim as sensitive nature these cases need be handled utmost skill, expertise compassion areas which we take immense pride ourselves at Carlson Bier Associates firm.

If you believe that your family has been a victim of a wrongful death scenario or if you simply require further enlightenment on any aspect related to personal injury law, our devoted experts are here to assist. Why wait and risk losing crucial evidence that could potentially impact your claims favourably? To know how much forthrightness your case bears click the button below – Take the first step towards obtaining the justice that rightfully belongs to you by seizing control today!

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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 Serena

Areas of Practice in Serena

Pedal Cycle Collisions

Focused on legal support for victims injured in bicycle accidents due to other parties' carelessness or hazardous conditions.

Burn Traumas

Supplying specialist legal advice for individuals of intense burn injuries caused by events or recklessness.

Medical Negligence

Ensuring experienced legal assistance for persons affected by healthcare malpractice, including wrong treatment.

Merchandise Accountability

Taking on cases involving defective products, offering specialist legal assistance to customers affected by defective items.

Aged Abuse

Supporting the rights of seniors who have been subjected to malpractice in aged care environments, ensuring compensation.

Tumble and Fall Mishaps

Specialist in handling stumble accident cases, providing legal assistance to sufferers seeking redress for their injuries.

Infant Traumas

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

Vehicle Incidents

Mishaps: Concentrated on aiding sufferers of car accidents gain equitable compensation for hurts and destruction.

Scooter Crashes

Dedicated to providing legal support for victims involved in two-wheeler accidents, ensuring rightful claims for losses.

Big Rig Crash

Extending experienced legal representation for drivers involved in big rig accidents, focusing on securing appropriate claims for losses.

Building Site Accidents

Focused on representing workers or bystanders injured in construction site accidents due to recklessness or carelessness.

Head Injuries

Committed to delivering compassionate legal services for persons suffering from head injuries due to carelessness.

Dog Attack Traumas

Adept at handling cases for persons who have suffered damages from K9 assaults or animal attacks.

Jogger Collisions

Specializing in legal representation for pedestrians involved in accidents, providing effective representation for recovering recovery.

Wrongful Fatality

Standing up for loved ones affected by a wrongful death, delivering understanding and professional legal guidance to ensure compensation.

Spinal Cord Harm

Focused on representing victims with vertebral damage, offering compassionate legal assistance 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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