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Wrongful Death Attorney in Sherman

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When seeking justice for a wrongful death in Sherman, depend on the expert representation of Carlson Bier. We are acknowledged specialists with significant experience litigating wrongful death claims in Illinois. We believe every life carries an inherent importance and when that is cut short due to negligence or misconduct, swift and just action must be taken. Our firm’s trustworthy attorneys will tirelessly work to ensure those accountable are held responsible while bringing peace to grieving families by obtaining deserved compensation. Here at Carlson Bier, our client-focused ethos means we maintain open lines of communication, ensuring you understand each step of your case process as it unfolds. Our proven track record in successfully navigating complex cases secures confidence in our expertise within the realm of personal injury law – specifically regarding wrongful deaths. Choose Carlson Bier; a supportive partner committed strategically champion your legal rights during these challenging times without compounding your grief with unnecessary stressors.The best ally for you when facing a wrongful death lawsuit is an experienced attorney like ours here at Carlson Bier: champions fundamentally guided by truth, empathy, and unrivaled tenacity.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Sherman Illinois

Welcome to Carlson Bier, a premier personal injury law firm in Illinois. Our esteemed team of highly skilled attorneys specializes in various aspects of personal injury law, including wrongful death cases. With years of combined expertise and a relentless pursuit for justice, we have helped families secure fair compensation, allowing them to rebuild their life after experiencing an unthinkable tragedy.

Wrongful death is a legal term referring to situations where someone’s negligent or intentional behavior leads to the untimely death of another person. In the wake of such events, those who were closest to the deceased are often left with profound grief compounded by financial hardships due to funeral expenses, loss of income, and other economic considerations. This distressing situation can be eased when survivors seek legal remedies through wrongful death claims.

• What constitutes a wrongful death claim?

Wrongful Death claims arise from countless scenarios but primarily when death occurs due to negligence, recklessness or deliberate wrongdoing. Examples can include medical malpractice resulting in patient’s death, fatal car accidents caused by impaired or reckless drivers or industrial accidents due to unsafe work conditions have severe consequences endangering employees lives.

• Who can file for wrongful death?

Usually, immediate family members like spouses and children are eligible plaintiffs in these cases However; parents may also file if the decedent had no partner or offspring.

• Damages Available

Besides tangible expenses related directly with the tragic event like funeral costs and medical bills prior the passing; damages awarded might also reach components commonly referred as non-economic ones which intent compensates survivors for their mental anguish emotional pain suffering and loss companionship among others.

At Carlson Bier law group in Illinois our goal ensures that surviving loved ones receive rightful compensation they deserve their times adversity while navigating complicated nuances handling sensitive this arena requires precise understanding laws coupled compassion sensitivity toward client’s predicament sets us apart capabilities handle every claim meticulous attention ensuring best possible outcome affected parties.

Our seasoned lawyers focus on proving liability via comprehensive analysis debunking any attempts by the defense to shift blame away from the guilty party. This meticulous process involves compiling evidence, consulting with expert witnesses and constructing compelling arguments that underscore how negligence caused a loved one’s death.

To solidify your wrongful death claim, our attorneys will establish four critical elements:

• Negligence: The defendant’s actions must have contributed either wholly or partially to the demise.

• Breach of duty: We prove that the defendant was responsible for maintaining the deceased person’s safety.

• Causation: A direct link between the defendant’s negligent conduct and loss of life needs to be established.

• Damages: Lastly, we demonstrate financial hardship ensued as consequence of this tragic event.

The legal journey following a wrongful death is undoubtedly complex and emotionally draining. It requires diligent attention, knowledge of law nuances, and an empathetic approach towards suffering families. At Carlson Bier, we commit ourselves fully to each case ensuring justice prevails. Our compassionate yet aggressive representation has earned us recognition as one of Illinois’ leading personal injury Attorney groups.

Feel beginning daunting overwhelming don’t know where start provides consultation understand circumstances discuss potential measures move forward demands are unique vary significantly depending type claim place trust hands professional lawyers take burden off shoulders accompany throughout entire process step way devote their time number clients can give undivided focus every that represents dedication success well testament testimonies grateful who stood them during times adversity.

Assuring you full transparency at all stages we maintain open line communication keeping abreast developments milestone achievements provide clear roadmap what lies ahead poised ready assist immediately while compassionately guiding through aforementioned complexities associated wrongful death claims

Whether seeking counsel immediate need general inquiry invite click button below learn more about much worth knowledgeable team waiting answer queries guide path recovery offer no obligation initial consultation reach out today begin journey toward justice closure healing together winning combination expertise Bill Group harsh aftermath dealing hopefully bring some peace mind midst challenging moment in life transparent attentive care utmost dedication securing victim deserves.

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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 Sherman

Areas of Practice in Sherman

Two-Wheeler Crashes

Dedicated to legal services for clients injured in bicycle accidents due to other parties' lack of care or dangerous conditions.

Fire Burns

Giving adept legal advice for victims of major burn injuries caused by accidents or indifference.

Medical Negligence

Offering experienced legal representation for victims affected by medical malpractice, including misdiagnosis.

Products Liability

Handling cases involving dangerous products, supplying skilled legal assistance to victims affected by faulty goods.

Aged Abuse

Supporting the rights of elders who have been subjected to abuse in aged care environments, ensuring justice.

Fall and Tumble Incidents

Specialist in tackling fall and trip accident cases, providing legal assistance to individuals seeking recovery for their damages.

Childbirth Injuries

Extending legal support for loved ones affected by medical incompetence resulting in newborn injuries.

Automobile Mishaps

Crashes: Focused on assisting victims of car accidents gain fair remuneration for harms and damages.

Scooter Accidents

Committed to providing legal services for motorcyclists involved in two-wheeler accidents, ensuring just recovery for damages.

Trucking Incident

Ensuring adept legal representation for individuals involved in lorry accidents, focusing on securing adequate settlement for injuries.

Construction Incidents

Engaged in advocating for employees or bystanders injured in construction site accidents due to negligence or irresponsibility.

Neurological Traumas

Committed to ensuring specialized legal advice for victims suffering from brain injuries due to misconduct.

Dog Attack Traumas

Proficient in handling cases for victims who have suffered damages from dog bites or animal attacks.

Cross-walker Accidents

Dedicated to legal support for foot-travelers involved in accidents, providing comprehensive support for recovering recovery.

Unwarranted Demise

Fighting for families affected by a wrongful death, extending caring and experienced legal support to ensure redress.

Spinal Cord Impairment

Focused on advocating for patients with spine impairments, offering expert legal services to secure redress.

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