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Wrongful Death Attorney in South Wilmington

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About Carlson Bier Associates

When a loved one’s life is cut short due to negligence or misconduct, the emotional and financial toll can be overwhelming. Let the experienced wrongful death attorneys at Carlson Bier Associates assist you through this challenging time. We are adept at navigating the complexities of Illinois law, providing unmatched legal representation as we passionately pursue justice for your family. Our firm’s commitment towards achieving maximum compensation in wrongful death cases reflects our prioritization of client needs and interests above all else – ensuring every voice deserves to be heard, no matter their circumstances. With decades of experience under our belt, your trust in us is never misplaced but met with relentless devotion on fighting for what you’re entitled to by law: peace and means required for recuperation following an unexpected loss in South Wilmington area cases. Choose Carlson Bier – trusted partners treading with compassion where it matters most while securing rightful settlement outcomes genuinely reflective of your hardships endured.

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About Carlson Bier

Wrongful Death Lawyers in South Wilmington Illinois

Carlson Bier, a highly reputable law firm in Illinois, specializes in personal injury law, specifically Wrongful Death cases. A wrongful death occurs when a person loses their life due to the negligent or intentional acts of another party. When such an unfortunate event transpires, it deeply affects those around the victim – emotionally as well as financially. At Carlson Bier, our experienced attorneys help individuals navigate through these challenging times by providing empathetic understanding and vigorous representation.

A wrongful death claim can have multiple facets; it entails profound complexities that require professional expertise to address adequately. This is where the trusted advisors at Carlson Bier come into play with their vast knowledge and unsurpassed experience in handling wrongful death suits.

– Expertise: The skilled attorneys at Carlson Bier diligently work to ascertain whether negligent actions or misconduct led to the preventable death. With years of focused practice under our belt, we recognize the nuances that distinguish a normal accidental demise from a rightful instance of wrongful death.

– Claim Recovery: Our priority is not just winning your case but also ensuring you garner maximum compensation for suffering endured – financial loss, emotional pain and consequential damages all account toward this retribution. We fight tirelessly on behalf of our clients so their legal rights are upheld and they receive what they’re rightly entitled to.

– Proactive Counseling: Alongside court representations, lawyers at Carlson Bier offer sound advice to help grieving families make informed decisions about their situation while adhering strictly to Illinois’ statute of limitations for filing wrongful death claims.

In handling countless similar cases over two decades now, we’ve seen firsthand the devastation caused by such losses — tarnished futures due to sudden income gaps left behind by deceased earning members or pricey medical expenses that remain unpaid after untimely deaths resulting from someone else’s lapse.

Taking legal action may seem daunting especially during these trying times but remember taking palpable steps towards justice could provide closure and lead you towards healing. Additionally, securing rightful reparations can safeguard you from possible financial hardships that may arise due to the loss of your loved one.

Here at Carlson Bier, we give every case its deserved individual attention – contributing our extensive experience and legal resources to build an unshakeable case aligned with your best interests. From statute of limitations to insurance claims – wrongful death cases involve numerous complications that our lawyers are equipped to streamline for you while keeping you fully informed every step of the way.

We ensure our clients understand their rights and guide them in making strategic decisions towards maximizing their claim. As wrongful death attorneys, it is incumbent upon us to provide victims’ families with vital knowledge about their respective situations so they don’t get exploited during such vulnerable times.

With integrity as our cornerstone, strong client relationships form the heart of our practice ethos at Carlson Bier; thus, instilling trust through exemplary service forms our guiding principle around which all engagements revolve.

Easing your burden is paramount to us and we pledge unwavering support until justice stands served. Mistakes resulting from negligence leading to irreversible harm should not go unanswered for – whether it’s a healthcare provider’s error or a drunk driver’s rash irresponsibility – perpetrators must be held accountable.

Therefore remember, if you’re grappling with loss incited by someone else’s mistake or disregard, help is right here awaiting your reach out. For a closer examination of what pursuing a wrongful death lawsuit might mean for you and how much reparation could potentially result from taking such action – click on the button below. We look forward to sharing insights personalized to your specific situation and are eager in helping you walk toward restitution.

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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 Wilmington

Areas of Practice in South Wilmington

Two-Wheeler Incidents

Proficient in legal services for individuals injured in bicycle accidents due to negligent parties' carelessness or perilous conditions.

Fire Wounds

Supplying expert legal advice for individuals of intense burn injuries caused by events or indifference.

Clinical Misconduct

Delivering specialist legal support for patients affected by physician malpractice, including negligent care.

Products Responsibility

Addressing cases involving faulty products, offering adept legal support to customers affected by product-related injuries.

Elder Neglect

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

Fall and Stumble Injuries

Specialist in handling fall and trip accident cases, providing legal support to individuals seeking redress for their harm.

Neonatal Injuries

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

Auto Incidents

Crashes: Focused on helping individuals of car accidents get equitable remuneration for hurts and damages.

Bike Accidents

Committed to providing legal assistance for victims involved in scooter accidents, ensuring justice for damages.

Truck Incident

Delivering expert legal services for drivers involved in lorry accidents, focusing on securing just settlement for injuries.

Construction Mishaps

Dedicated to defending employees or bystanders injured in construction site accidents due to carelessness or negligence.

Cognitive Traumas

Expert in extending specialized legal assistance for patients suffering from head injuries due to accidents.

K9 Assault Wounds

Specialized in handling cases for individuals who have suffered harms from dog bites or creature assaults.

Cross-walker Accidents

Committed to legal services for foot-travelers involved in accidents, providing effective representation for recovering recovery.

Unwarranted Death

Striving for grieving parties affected by a wrongful death, delivering caring and adept legal assistance to ensure justice.

Spinal Cord Damage

Dedicated to defending persons with vertebral damage, offering compassionate legal services 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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