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Wrongful Death Attorney in Shawneetown

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About Carlson Bier Associates

When faced with the devastating reality of a wrongful death, Carlson Bier is unyielding in their pursuit for justice. In such difficult times, families across Shawneetown need an advocate who comprehends the intricacies of Illinois’ wrongful death law and can skilfully navigate legal waters. With extensive experience handling these sensitive cases, Carlson Bier ensures that your family member’s unfortunate demise does not go unrecognized by law. Compassionate yet assertive, they dedicate themselves wholly to securing appropriate restitution for affected families; recognizing these are not quick fixes but milestones towards closure. Moreover, our lawyers grapple tirelessly against insurance companies set on minimizing compensation due out to clients. On account of their specialized personal injury competence and deep-rooted dedication to preserving justice for victims mostly unheard – when brutal repercussions befall innocent lives within Shawneetown – choosing Carlson Bier as your legal representative aligns you with relentless pursuers of truth and fair compensation amidst tragic circumstances.

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About Carlson Bier

Wrongful Death Lawyers in Shawneetown Illinois

At Carlson Bier, we believe in standing up for the rights of those who have been wronged by negligence. We are a seasoned litigation firm that specializes in personal injury cases, stationed firmly within the bounds of Illinois laws governing legal services. Our tireless team of personal injury lawyers is devoted to providing our clients with top-notch legal representation when it comes to Wrongful Death.

A wrongful death case emerges from instances where an individual loses their life due to another person’s wrongful act or neglect. This occurrence can be truly devastating and stressful for close family members grappling with grief while also facing uncertain financial futures without their loved one’s support.

Wrongful death cases can arise from various circumstances including, but not limited to:

• Car accidents caused by drunk or reckless driving

• Medical malpractice such as misdiagnosis and surgical errors

• Workplace accidents due to unsafe working conditions

• Fatal incidents resulting from defective products

The intricacies of wrongful death claims can differ extensively based on specific state laws. Within the state of Illinois, only selected family members — usually immediate ones like spouse or children — are eligible to file a lawsuit for wrongful death.

Moreover, there is also a statute limitation in place which establishes that legal action must be initiated within two years of the date of death in most cases. Time is thus a crucial factor that demands prompt legal steps towards attaining justice for your lost loved one.

Compensation acquired through successful litigation in these instances varies greatly depending upon numerous factors including age, earning capacity and dependence level of survivors before death occurred amongst others. However, primary compensatory damages regularly entail:

• Funeral & burial expenses

• Lost earnings potential over lifetime

• Loss of consortium – companionship/love/respect etc.

• Pain/Suffering endured prior to passing

Illinois law doesn’t permit punitive damages—those aimed at punishing negligence—but does allow survival actions seeking compensation for pain/suffering endured before deceased’s passing. Survival actions function separately from wrongful death litigation and thus require skillful navigation through intricate legal landscape which is where our expertise comes handy.

At Carlson Bier, we comprehend that while no monetary value can ever replace your loss, fair financial compensation allows you to confront future uncertainties with a certain degree of security. And we are here to ensure just that – securing justice for your loved one’s untimely demise with tenacity and adept negotiation.

Our personal injury attorneys at Carlson Bier advocate fiercely for families experiencing such troubling times. Our proficiency in Illinois law coupled with compassionate client service ensures top-grade representation focused on securing the rightful compensation the survivors deserve during their grief-stricken transition into life without their loved one.

Carlson Bier consistently maintains a robust commitment towards its clients – our primary aim is not only to understand your needs but also stand beside you each step of this daunting journey fostering an environment of trust, honesty, and relentless dedication.

As you navigate through this trying time, it’s essential that you have someone reliable who routinely deals with these sensitive matters by your side protecting crucial interests. Enlist skilled Carlson Bier attorneys today to scrutinize every intricacy entailed within wrongful death claims assuring comprehensive guidance and personalized attention.

Why leave any question unanswered or any doubt unresolved? Click the button below now to find out what your case may be worth because at Carlson Bier securing justice isn’t just our job; it’s a commitment passionately carried out each day towards echoing the voices doused unjustly quiet in corridors of legal retribution!

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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 Shawneetown

Areas of Practice in Shawneetown

Bike Accidents

Focused on legal services for people injured in bicycle accidents due to negligent parties' indifference or perilous conditions.

Thermal Damages

Supplying professional legal help for people of major burn injuries caused by incidents or carelessness.

Medical Malpractice

Providing dedicated legal representation for clients affected by clinical malpractice, including wrong treatment.

Products Liability

Dealing with cases involving unsafe products, delivering expert legal help to customers affected by defective items.

Senior Neglect

Advocating for the rights of the elderly who have been subjected to misconduct in care facilities environments, ensuring justice.

Stumble & Tumble Mishaps

Specialist in handling trip accident cases, providing legal services to persons seeking restitution for their harm.

Newborn Harms

Extending legal guidance for loved ones affected by medical malpractice resulting in birth injuries.

Auto Collisions

Accidents: Dedicated to aiding victims of car accidents receive appropriate recompense for wounds and damages.

Scooter Crashes

Specializing in providing legal services for riders involved in scooter accidents, ensuring rightful claims for traumas.

Big Rig Incident

Ensuring expert legal assistance for victims involved in big rig accidents, focusing on securing adequate settlement for harms.

Building Site Accidents

Concentrated on defending laborers or bystanders injured in construction site accidents due to negligence or misconduct.

Cognitive Impairments

Committed to offering professional legal advice for victims suffering from brain injuries due to incidents.

Canine Attack Damages

Adept at addressing cases for victims who have suffered traumas from dog bites or wildlife encounters.

Cross-walker Crashes

Focused on legal representation for foot-travelers involved in accidents, providing comprehensive support for recovering damages.

Unwarranted Death

Striving for families affected by a wrongful death, delivering compassionate and experienced legal support to ensure redress.

Neural Harm

Specializing in advocating for victims with spine impairments, offering compassionate legal representation to secure compensation.

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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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