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Wrongful Death Attorney in Sheldon

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About Carlson Bier Associates

When dealing with a wrongful death case, you need an experienced attorney who understands the intricacies of Illinois laws and can navigate through this challenging time. Look no further than Carlson Bier. Our team has grown to be one of the most reputable personal injury law firms, thanks to our dedication, expertise, and commitment in securing justice for affected families. Wrongful deaths are painful and hard-hitting; however, we pledge to provide comprehensive legal support while pursuing the maximum compensation possible in such cases. With decades of experience behind us, grooves worn into Illinois courtrooms steps by countless hours standing up for our clients’ rights establish Carlson Bier as your best partner during these difficult times. We promise professional handling of your case from every angle – paperwork cutoffs timelines meticulously met and respective parties held accountable – until justice is served. Trusting just any firm isn’t enough when everything is on the line; trust Carlson Bier where victory in advocacy marks our path.

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About Carlson Bier

Wrongful Death Lawyers in Sheldon Illinois

At Carlson Bier, we understand how debilitating the loss of a loved one can be. The sudden incident leading to their abrupt departure often leaves families grappling with emotional trauma and strain in addition to economic difficulties precipitated by unforeseen medical bills, funeral costs, lost earnings, and more. Recognizing the far-reaching repercussions of such heart-rending circumstances is key as you navigate this demanding journey – and that’s where we come in to alleviate your legal burdens.

Our firm specializes in Wrongful Death cases and is based out of Illinois. We are devoted to ensuring that justice is served for the decedent’s family by holding those responsible accountable for their actions. A wrongful death case arises when someone is killed due to another person’s negligence or intentional act which could potentially have been avoided given due diligence.

The specifics involved in pursuing a wrongful death lawsuit can be intricate; they differ from other personal injury claims on many levels. One distinguishing factor lies within who exactly can file a claim – typically it’s immediate family members or individuals financially dependent upon the deceased party. Another unique aspect pertains to damage calculations encompassing aspects like loss of future income or benefits, with various associated complexities coming into play.

Key points about wrongful death lawsuits include:

• They require proof that death resulted from another entity’s negligence or intentional actions.

• Proven damages may include hospitalization costs prior to death, lost income potential, and bereavement-related psychological distress.

• A solid evidence base embracing witness interviews, police records, photographic documentation among others acts as cornerstone supporting your claim.

Through our deep knowledge pool coupled with relentless pursuit towards maximizing compensation in all rightful aspects for our clients at Carlson Bier- rest assured we’ll meticulously address these procedures keeping you apprised every step along the way.

Various factors influence the overall timeline involved filing wrongful death action – including establishing liability basis after thorough accident scene investigation followed by intensive negotiation with culpable parties’ insurance companies. Here at Carlson Bier, our expertise in wrongful death claims enables our legal team to provide top-notch service whilst offering compassionate guidance throughout

We always aim for a settlement that fully embraces and acknowledges the depth of your loss – not only bearing in mind the deceased’s earnings potential but also recognizing non-economic damages that encompass emotional distress inflicted. Our commitment to you is unwavering representation prioritizing utmost respect, empathy, seamless communication alongside aggressive pursuit towards securing justice and desirable closure.

Knowledge is empowerment and comprehending paramount details relating towards wrongful death claim processing extensively aids during such testing times. However, every case encapsulates unique variables thus fostering complexities requiring expert interpretation for accurately analyzing scenario intricacies prior taking decisive action plan steps

This array of information aims to shed light on the complex tapestry of wrongful death cases endeavoring maximum reader value besides lending insightful clarity into how we handle these intricate situations at Carlson Bier. Combining proficiency with sensitivity intrinsic addressing an experience as personal as ceaseless pain following loved one’s wrongful demise – trust us to walk this journey together besides attaining apt justice ensuring their memory remains unblemished.

Remember: Seeking immediate professional consulting plays instrumental role initiating timely requisite legal proceedings protecting your interests optimally against unfortunate events aftermath turmoil associated when coping with irreparable losses due devastating fatal accidents while reinforcing beliefs in justice establishment avenues existing within societal purview framework boundaries overstep rebuke mechanisms.

Addressing wrongful death claims necessitates delicate balancing act between humane empathy constitution besides stringent application interpretation Illinois state law provision norms – precisely what you’ll receive partnering engagement with us here at Carlson Bier. We don’t just equip you with enough armor sustaining legal battles ahead; instead every step faced embarked consequence parental sibling partner child companion unprecedented departure off this mortal world essentially resonates painful emotions rendering strength solitude redefined perceptive angles

If you’re reading this content having lost someone due suspected negligence or intentional misconducted causing untimely demise, Carlson Bier deeply respects your courage pursuing justice elevating deceased’s honor integrity besides easing inevitable financial hardships post-tragedy. Click on the button below to find out how much your case could be worth thereby finding much-needed legal recourse while simultaneously ensuring departed loved one’s dignity preserved eternally.

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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 Sheldon

Areas of Practice in Sheldon

Two-Wheeler Collisions

Specializing in legal advocacy for victims injured in bicycle accidents due to negligent parties' indifference or dangerous conditions.

Fire Traumas

Supplying specialist legal assistance for patients of serious burn injuries caused by accidents or indifference.

Clinical Incompetence

Ensuring specialist legal assistance for persons affected by hospital malpractice, including surgical errors.

Commodities Fault

Handling cases involving problematic products, supplying professional legal help to customers affected by product-related injuries.

Elder Abuse

Advocating for the rights of nursing home residents who have been subjected to abuse in aged care environments, ensuring compensation.

Slip and Fall Occurrences

Skilled in tackling fall and trip accident cases, providing legal representation to sufferers seeking justice for their injuries.

Childbirth Wounds

Delivering legal support for kin affected by medical malpractice resulting in newborn injuries.

Motor Incidents

Collisions: Concentrated on guiding patients of car accidents secure fair remuneration for damages and impairment.

Scooter Mishaps

Expert in providing legal services for individuals involved in motorbike accidents, ensuring just recovery for traumas.

Big Rig Collision

Providing professional legal representation for victims involved in trucking accidents, focusing on securing fair recompense for harms.

Building Site Crashes

Focused on assisting staff or bystanders injured in construction site accidents due to negligence or misconduct.

Neurological Traumas

Focused on providing dedicated legal advice for persons suffering from head injuries due to misconduct.

K9 Assault Injuries

Proficient in tackling cases for people who have suffered injuries from dog bites or wildlife encounters.

Pedestrian Incidents

Specializing in legal representation for foot-travelers involved in accidents, providing effective representation for recovering claims.

Wrongful Loss

Standing up for loved ones affected by a wrongful death, offering sensitive and professional legal representation to ensure compensation.

Neural Harm

Focused on defending persons with vertebral damage, offering expert legal assistance to secure redress.

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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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