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Wrongful Death Attorney in South Pekin

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About Carlson Bier Associates

When pursuing justice for a loved one lost due to someone else’s negligence or misconduct, the expert guidance of Carlson Bier should be your first consideration. This tenacious team is committed to investigating Wrongful Death cases with meticulous attention and unyielding passion for justice. They understand that dealing with such loss can be overwhelming, which is why they promise to handle every legal aspect faithfully while providing comfort and empathy in these trying times. As leading lawyers in Illinois known for thoroughness and dedication, clients trust them implicitly aiming at delivering rightful compensation on behalf of bereaved families. Their notorious reputation has been built on their exceptional skills in interpreting complex laws which make them champions of advocacy when it comes to protecting victims’ rights. With an impressive track record in winning high-stake trials, Carlson Bier attorneys are strategic experts who have successfully pursued many cases involving wrongful deaths ensuring fair settlements that will offset financial burden associated with these losses thus providing solace amid grief.

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About Carlson Bier

Wrongful Death Lawyers in South Pekin Illinois

At Carlson Bier, we understand that the loss of a loved one due to negligence or misconduct is an emotionally devastating experience accompanied by complex legal implications. Our dedicated team of personal injury attorneys based in Illinois possesses the integral understanding and compassionate approach essential to navigating such difficult cases successfully.

Wrongful Death involves scenarios where a life is lost due to someone else’s reckless actions or negligence. It could occur as a result of diverse incidents like medical malpractice, car accidents, premises liability accidents, workplace accidents, defective products, among others.

1: The victim would have been able to pursue a personal injury claim had they lived.

2: There exists a surviving spouse, children, dependents or beneficiaries,

3: The death has triggered financial losses.

These constitute possible grounds for wrongful death claims and our experienced attorneys at Carlson Bier are well-equipped to facilitate these processes.

The laws regarding Wrongful Death in Illinois go beyond identifying responsible parties and proving their fault. They also entail notable deadlines named statute of limitations which necessitate filing your complaint within particular time frames post the unfortunate incident.

• The Statute for filing most wrongful death claims is entirely two years from the date of the person’s passing.

• If you wish to file a claim related to medical malpractice causing death, it must be done within two years from discovering it but not more than four years after the concerning incidence happened.

It’s crucially important not only recognizing these details but additionally acting promptly on them with seasoned representation like Carlson Bier – ensuring rightful action without missing any opportunity for deserved compensation.

Beyond emotional afflictions suffered by families during such overwhelming times negotiating potential settlements or preparing for trial involve steep complexities. Paired with thorough investigations these circumstances require serious expertise understood best only by professional legal representatives who specialize in personal injury law – this is exactly what we offer at Carlson Bier

We comprehend those delicate moments following your initial shock when eventual uncertainties about future responsibilities start to arise. We ensure your journey in the quest for justice is not travelled alone and extend our best efforts helping you:

• Analyze the prospect of your wrongful death claim

• Obtain necessary documentation and solidify evidence.

• Identify possible recovery resources like insurance coverage.

• Negotiate with involved parties ensuring fair representation.

At Carlson Bier, we pride ourselves in demonstrating unwavering support while aiming to alleviate families’ financial burdens from loss of earnings, medical expenses before death, funeral costs and emotional determents resulting from Wrongful Death. We persevere relentlessly to pursue just compensation that measures up rightly alongside your unprecedented suffering.

Dealing with the loss of a loved one indeed constitutes some of life’s most challenging moments. Realizing no amount of money can replace your loses; it’s important securing rightful remuneration capable of bringing ease through stability during such testing times.

Click on the button below to review your potential claim and find out how much this case might be worth. Allow us at Carlson Bier to stand by you – promising moral boost, skillful directions personally tailored towards serving your unique concerns effectively until you attain justice you duly deserve!

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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 South Pekin

Areas of Practice in South Pekin

Pedal Cycle Mishaps

Dedicated to legal support for people injured in bicycle accidents due to responsible parties' negligence or unsafe conditions.

Flame Wounds

Offering expert legal services for people of serious burn injuries caused by incidents or negligence.

Clinical Carelessness

Providing specialist legal representation for clients affected by medical malpractice, including negligent care.

Items Responsibility

Managing cases involving defective products, providing skilled legal services to clients affected by product-related injuries.

Aged Neglect

Representing the rights of aged individuals who have been subjected to abuse in senior centers environments, ensuring fairness.

Tumble and Fall Injuries

Professional in handling trip accident cases, providing legal support to individuals seeking recovery for their harm.

Newborn Damages

Providing legal help for kin affected by medical negligence resulting in neonatal injuries.

Automobile Accidents

Accidents: Concentrated on assisting individuals of car accidents obtain appropriate payout for damages and harm.

Two-Wheeler Incidents

Committed to providing representation for bikers involved in motorbike accidents, ensuring just recovery for harm.

Truck Mishap

Providing expert legal advice for drivers involved in semi accidents, focusing on securing appropriate compensation for harms.

Building Collisions

Focused on representing workmen or bystanders injured in construction site accidents due to safety violations or misconduct.

Brain Injuries

Focused on ensuring specialized legal services for persons suffering from neurological injuries due to negligence.

Canine Attack Injuries

Skilled in handling cases for individuals who have suffered harms from dog bites or beast attacks.

Cross-walker Accidents

Dedicated to legal representation for pedestrians involved in accidents, providing comprehensive support for recovering compensation.

Unjust Passing

Standing up for relatives affected by a wrongful death, extending caring and expert legal services to ensure redress.

Vertebral Trauma

Expert in advocating for individuals with backbone trauma, offering compassionate legal support 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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