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Wrongful Death Attorney in Shiloh

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About Carlson Bier Associates

When faced with the painful loss of a loved one due to wrongful death, trusting an experienced law firm such as Carlson Bier can make all the difference. Our personal injury attorneys have vast experience in handling cases involving wrongful deaths within Illinois, including Shiloh. Navigating this complex legal terrain demands sensitivity and expertise that only years of professional acquaintance can bring. At Carlson Bier, we pride ourselves on providing compassionate representation whilst persistently pursuing justice for our clients who’ve suffered immeasurable pain and loss. We consider each case unique and carefully assess every detail to ensure the best possible outcome for those involved – financially and emotionally alike. Car accidents, product liability incidents, workplace accidents or medical malpractice are among some areas that constitute wrongful deaths; whatever your situation may be – trust us to navigate it expertly ensuring diligence at every step towards seeking rightful compensation you deserve from when hardship strikes unexpectedly through no fault of your own.

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About Carlson Bier

Wrongful Death Lawyers in Shiloh Illinois

At Carlson Bier, we empathize with families and individuals who have suffered an immeasurable loss due to wrongful death. Wrongful death is a significant issue in the field of personal injury law, especially within our home state of Illinois. This content is dedicated to providing extensive education about this tragic legal matter that unfortunately sometimes becomes relevant.

The first step towards comprehending wrongful death cases takes us right down to its definition; wrongful death is a claim against a person or entity who can be held liable for another individual’s death due to negligence or intentional action. Typically, these claims are raised by close relatives in place of the deceased victim. It’s pivotal to understanding that unlike homicide, a successful unlawful death claim does not necessarily result in criminal charges but restitution designed to financially assist family members left behind.

Examining key factors unique to Illinois’ wrongful death laws reveals essential aspects meant for your understanding:

• Standing – Who may file? Only the personal representative of the deceased’s estate (usually a close family member) can raise a wrongful death lawsuit.

• Damages – In Illinois, pecuniary injuries experienced due to grief, sorrow, and mental suffering are recoverable losses apart from economic losses.

• Statute of Limitation – The time limit in which you may bring about such claims is either one year from the victim’s passing or within their potential life expectancy.

In all probability, there may exist intricacies within every case; hence having a knowledgeable attorney at your side proves incredibly beneficial. Here is where Carlson Bier steps in! Our team endows expertise specific cases demand while extending compassionate representation embracing comprehensive guidance through administrative paperwork and unambiguous communication during court proceedings.

Let it be known having such legal assistance also enhances your chance at securing suitable compensation. A triumphant wrongful death suit could provide recovery for various damages including:

• Funeral and burial expenses

• Lost earnings that would have been provided by the decedent

• Loss of companionship or consortium,

• Emotional distress accompanying the victim’s death.

Navigating through such emotionally charged times is exceedingly challenging, speaking from our years’ worth of experience. Carlson Bier can help cope and confront this adversity while securing maximum possible compensation. Our team works on a contingency fee basis meaning that you don’t have to pay anything unless we win your case. Fighting on behalf of those wronged fuels our motivation towards ensuring justice prevails.

Taking on board all these factors initiates apprehension regarding the estimated worth of one’s wrongful death claim; a legitimate concern indeed! Several variables come into play affecting potential settlement amounts. Therefore, it would be misleading to propose an “average” value for such cases given their inherently personal and unique nature.

Charting a path ahead during these testing times instils overwhelming bewilderment narrowing decision-making abilities. Hence, securing legal counsel becomes crucially significant apart from being beneficial, aiding in appropriately valuing your claim based upon all relevant factors.

Carlson Bier prides itself on providing extensive legal support with utmost compassion during these painful times, striving persistently towards not just claiming but obtaining justice for victims’ grieving families navigating through the rockiest emotional terrains in Illinois.

Truthfully acquainted now about wrongful death? Feel hesitant still regarding certain areas? Reach out to us at Carlson Bier with any queries related to Wrongful Deaths in Illinois – we are here for you!

Your loss deserves justified redemption directed exclusively by professional advice guaranteed by dedicated expert attorneys at the realm standing up against injustice daily-basis vowing appropriate restitution…for nothing less than what truth demands rightfully so!

Due to specific state regulations surrounding legal advertising rules within Illinois concerning law firms’ physical locations, it must be clearly stated that though Carlson Bier proudly serves throughout Illinois, it does not imply having a physical office located in each city like Shiloh within the state.

In closing thoughts – every piece of information included here is designed to aid you in understanding wrongful death cases in Illinois. Still, direct professional guidance could prove more helpful, interactive and personalized handling the unique intricacies your case presents.

Join us at Carlson Bier today; discover how much your wrongful death claim might be worth by clicking on “Case Evaluation” button below right now – because peace through justice awaits…undeterred ahead!

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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 Shiloh

Areas of Practice in Shiloh

Bike Mishaps

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

Flame Wounds

Supplying skilled legal help for victims of severe burn injuries caused by mishaps or carelessness.

Healthcare Malpractice

Ensuring professional legal advice for persons affected by healthcare malpractice, including wrong treatment.

Goods Accountability

Addressing cases involving problematic products, offering expert legal guidance to individuals affected by product-related injuries.

Aged Abuse

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

Stumble and Stumble Injuries

Skilled in dealing with trip accident cases, providing legal services to sufferers seeking compensation for their losses.

Neonatal Injuries

Providing legal assistance for relatives affected by medical carelessness resulting in neonatal injuries.

Auto Incidents

Collisions: Focused on guiding clients of car accidents get equitable recompense for injuries and harm.

Motorcycle Collisions

Specializing in providing legal advice for victims involved in bike accidents, ensuring adequate recompense for losses.

18-Wheeler Crash

Ensuring specialist legal support for clients involved in big rig accidents, focusing on securing fair compensation for hurts.

Construction Site Crashes

Committed to assisting workmen or bystanders injured in construction site accidents due to carelessness or misconduct.

Cerebral Harms

Focused on ensuring dedicated legal advice for clients suffering from brain injuries due to carelessness.

K9 Assault Injuries

Expertise in addressing cases for victims who have suffered harms from puppy bites or creature assaults.

Cross-walker Crashes

Expert in legal support for cross-walkers involved in accidents, providing expert advice for recovering restitution.

Unfair Demise

Standing up for relatives affected by a wrongful death, extending compassionate and expert legal representation to ensure compensation.

Vertebral Damage

Dedicated to supporting individuals with vertebral damage, offering specialized legal representation 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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