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Wrongful Death Attorney in Shabbona

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About Carlson Bier Associates

Experiencing a wrongful death within your circle is devastating and seeking justice should not further escalate your burden. At Carlson Bier, we specialize in Wrongful Death litigation with tenacity and compassion. As experienced personal injury attorneys, our proficiency extends throughout Illinois with recognition for delivering exemplary results. Our dedicated legal team relentlessly pursues compensation for the losses incurred due to negligence or deliberate harm, helping you navigate through these challenging times.

Opting for Carlson Bier means engaging skilled attorneys who understand the intricacies of Wrongful Death cases and how they are applied under Illinois law, ensuring maximal benefits recovery on behalf of our clients. Clients value our seamless communication ensuring they feel heard and understood – an essential element in attorney-client relationships that we proudly uphold.

When it comes to matters as significant as advocating justice over a wrongful death scenario, distance must never be a barrier. With this understanding at heart, we carry forward the legacy of outstanding representation without any geographical constraints across Illinois including Shabbona; because quality legal representation shouldn’t be limited by location.

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About Carlson Bier

Wrongful Death Lawyers in Shabbona Illinois

At Carlson Bier, we specialize in addressing your legal needs pertaining to Wrongful Death cases. Our team of seasoned personal injury attorneys understands the complexities inherent to Illinois law surrounding such sensitive issues. Losing a loved one is profoundly devastating; when their death is caused by another’s negligence or intentional conduct, it’s even more heartrending. With compassion and precision, we serve as strong advocates for clients dealing with these profound losses.

Wrongful death can encompass a wide array of circumstances. Some common examples include fatalities due to medical malpractice, vehicle accidents, workplace accidents, defective products, premises liability (e.g., deaths resulting from unsafe conditions on someone’s property), and violence. Each type of wrongful death case comes with its unique facets under Illinois laws that we carefully navigate alongside our clients.

• Medical Malpractice: If healthcare providers fail to uphold their professional standards leading to the patient’s demise.

• Vehicle Accidents: Involves instances where negligent driving leads to fatal results.

• Workplace Accidents: When companies ignore safety regulations resulting in a tragic loss.

• Defective Products: Unanticipated lethal consequences arising from improperly tested goods are covered by this category.

• Premises Liability: Property owners can be held liable if dangerous conditions lead to fatal repercussions.

Assisted by our skilled attorneys at Carlson Bier who are well-versed in the necessary legal intricacies required for successful litigation, you stand empowered. Claiming damages in wrongful death lawsuits might include compensation for lost potential earnings of the deceased had they lived; costs of funeral expenses; pension plans; loss of consortium such as love and companionship; awarded amounts towards pain and suffering endured preceding death;a valuation of housekeeping value among other compensable factors.

It’s worth noting that according to wrongful death statutes in Illinois only specific parties have legal standing i.e., right to sue like immediate family members including spouse and children; parents (if deceased was childless) ;personal representatives of deceased’s estate can file such lawsuits too. Each case is unique hence the requirement for tailored legal counsel that Carlson Bier specializes in extending to its clients.

While we don’t dictate the grieving process, realizing repercussions of untimely losses and taking actions could prevent others from experiencing similar pain. Enlisting professional assistance is indispensable when you’re contemplating a wrongful death lawsuit. Proven track record and specific field expertise are key factors to contemplate while choosing your advocate.

Distinctive aspects of wrongful death claims in Illinois as indicated by applicable law incorporates:

• Statute of Limitations: Wrongful death claims must be filed within one or two years in Illinois (depending on cause) following the day on which decedent passed away.

• Application for Discovery Rule: Exceptions exist where time limitations may start running only after damages surface visibly or realized.

• Survival Actions: This permits claimants to sue for medical expenses and pain endured before demise due to same negligent act causing fatality.

Wanting justice for your loved one met with an unfortunate wrongful death drives our unwavering commitment at Carlson Bier. Our empathy fueled services aim at lightening this heavy load off your shoulders during these trying times, diligently pursuing justice that reflects adequate compensation righteously deserved.

In essence, having competent legal representatives suited specifically towards navigating complex constructs associated with a loss of such magnitude should never be undervalued. Herein lies the true value we bring beyond a mere transactional interface – we strive to offer solace through justifiable recourses under prevailing law aided by our specialized services endorsed by numerous testimonials validating trust reposed within us over extended periods.

Lastly, we want you to remember that rectifying grievances related to unexpected demises are subject not exclusively but importantly upon nuances embedded within surrounding circumstances coupled with prevailing judicial statutes and their apt interpretation- something you should never have to tackle alone! Hence click on link below which provides all-round assessments defining worthiness of your specific case -fairly, accurately and expediently. Together traveling the road towards justice & peace has never been easier! Your journey begins here at Carlson Bier- empowering you every step along this path seeking balance amidst pains of irreversible loss… unmistakably imprinted through our enduring legacy dedicated towards litigating Wrongful Death cases in Illinois.

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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 Shabbona

Areas of Practice in Shabbona

Cycling Mishaps

Specializing in legal support for persons injured in bicycle accidents due to others' carelessness or unsafe conditions.

Fire Traumas

Giving specialist legal assistance for sufferers of serious burn injuries caused by occurrences or recklessness.

Physician Negligence

Extending expert legal representation for persons affected by clinical malpractice, including surgical errors.

Products Obligation

Taking on cases involving defective products, supplying skilled legal support to clients affected by harmful products.

Aged Neglect

Supporting the rights of nursing home residents who have been subjected to neglect in nursing homes environments, ensuring fairness.

Fall & Stumble Incidents

Expert in dealing with fall and trip accident cases, providing legal assistance to persons seeking justice for their damages.

Newborn Damages

Offering legal support for relatives affected by medical carelessness resulting in neonatal injuries.

Motor Collisions

Accidents: Concentrated on guiding victims of car accidents gain just payout for hurts and impairment.

Motorbike Crashes

Committed to providing legal assistance for motorcyclists involved in motorcycle accidents, ensuring rightful claims for losses.

Trucking Collision

Providing specialist legal assistance for persons involved in semi accidents, focusing on securing just recovery for losses.

Building Site Crashes

Committed to supporting workmen or bystanders injured in construction site accidents due to negligence or carelessness.

Head Traumas

Specializing in ensuring professional legal assistance for victims suffering from neurological injuries due to accidents.

Canine Attack Injuries

Proficient in managing cases for clients who have suffered wounds from dog attacks or beast attacks.

Jogger Mishaps

Dedicated to legal representation for walkers involved in accidents, providing comprehensive support for recovering damages.

Unjust Passing

Working for loved ones affected by a wrongful death, providing sensitive and professional legal representation to ensure justice.

Backbone Damage

Dedicated to supporting patients with spinal cord injuries, offering specialized legal guidance 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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