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Wrongful Death Attorney in Springfield

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When tragedy strikes and a wrongful death occurs within the Springfield community, you deserve unrivaled legal representation. The name synonymous with skillful advocacy is Carlson Bier, renowned for their dedication to pursuing justice meticulously in wrongful death cases. We navigate these emotional lawsuits through diligent investigation, determining the rightful compensation that meets your loss’s extent. Committed unwaveringly to our client’s needs, Carlson Bier works persistently to ensure maximum restitution from all culpable parties involved, making us an essential ally during such critical times. Our knowledge envelope encompasses every facet of Illinois’ Wrongful Death Act and Survival Statute; this ensures clients get rightfully compensated for both economic and non-economic damages like loss of companionship or society – because it matters the most when facing great adversity. Entrusting your case with Carlson Bier guarantees professional handling permeated by an empathetic understanding of pain following such horrific incidences; underscoring why we remain revered in representing families challenged by a wrongful death situation effectively.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Springfield Illinois

At Carlson Bier, we strive to provide unparalleled legal assistance for personal injury cases, specializing in Wrongful Death suits within the state of Illinois. It’s during these challenging times that our dedicated team of attorneys steps forward, aiming to rectify such a tragedy by employing rigorous legal actions. Our wrongful death division specifically addresses those incidents where an individual’s negligent or intentional act leads to the untimely death of another person.

Wrongful death cases are inherently complex. They necessitate extensive understanding and meticulous investigation predominantly revolving around proving negligence on behalf of the accused party. Essentially, it must be shown that this neglect has directly caused the fatality at hand:

• The Definitive Duty: This rests upon establishing that the alleged offender owed a duty of care towards the deceased—be it driving safely on roads or rendering appropriate medical treatment.

• Breach in Protocol: Subsequently, it needs be determined that there was a deviation from standard practices—an absolute compromise on their aforementioned responsibility.

• Analyzing Cause: Traceable causation forms quite substantially the basis wherein any breach had irrefutably resulted in causing harm and ultimately leading up to said tragic conclusion.

Given these complexities navigating through such emotionally and legally taxing domains becomes distressing without professional guidance at your disposal—that is precisely what we at Carlson Bier offer.

We understand that while no amount of monetary compensation can fill up sentimental voids left behind by lost loved ones—the financial implications following such sudden demises remain pertinent nonetheless:

• Medical Expenses: Painstakingly towering hospital bills incurred due to emergency treatments or final days’ critical care insurances often don’t cover are liable for recompensation under wrongful death suits.

• Future Income Loss: If your departed kin was an earning member—any potential income they could have brought sounds harsh but reality balances itself out on economical equations majorly affecting quality of life.

• Bereavement Damages: And not just tangibly – emotional toll exacted upon grieving families transcribes itself into ‘loss of companionship’ or ‘consortium’ legally reproachable and reparable.

And so, our wrongful death legal service extends methodically structured representation that aims to alleviate immediate to long-term burdens ensuing from related losses. Our veteran lawyers meticulously dig through intricate details surrounding the incident, thereby gathering evidence which strongly supports your claim.

Concomitantly, they carefully calibrate decimated potential earnings—employing professional approaches like cumulating annual salary increments against probable working years left. Further supplementing this factual narrative with testimonies validating emotional distress suffered by you transforms your claims into powerful arguments searing towards justice.

However, understanding the value of a Wrongful Death claim might feel daunting. That is why at Carlson Bier we ensure to enlighten our clients on different variables affecting case evaluations such as life expectancy, projected earning capacity, state inheritance taxes among others constituting a wholly objective assessment.

Steer clear of dealing with insurance agencies single-handedly as they frequently aim for benefaction over just suit resolutions farming out lowest possible compensations; again Carlson Bier being your best ally steps in resisting such manipulative tactics. Our seasoned attorneys professionally negotiate these settling terms forcing insurers into acceding rightful payouts.

At Carlson Bier, our primary goal remains unflinching—to deliver targeted results for those suffering due to somebody else’s negligence relentlessly fighting till justice prevails. The intricacies involved within wrongful death suits necessitate dedicated expertise—which we promise to provide every step along the way.

We invite you – incognizant whether confronting financial ruin following bereavement or feeling entrapped under obscure laws world- We are here for you! Test us via clicking on the button below and unearth genuine worthiness of your case – because what matters most is making sure that you obtain the compensation you deserve despite overcoming overwhelming sorrow while seeking validation amidst impenetrable governing systems.

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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 Springfield

Areas of Practice in Springfield

Bicycle Incidents

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

Scald Damages

Giving expert legal assistance for people of severe burn injuries caused by incidents or indifference.

Medical Carelessness

Ensuring dedicated legal assistance for clients affected by clinical malpractice, including surgical errors.

Goods Accountability

Handling cases involving problematic products, extending expert legal support to clients affected by product-related injuries.

Senior Malpractice

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

Slip & Slip Accidents

Adept in managing slip and fall accident cases, providing legal assistance to clients seeking restitution for their suffering.

Infant Harms

Providing legal assistance for families affected by medical malpractice resulting in birth injuries.

Motor Mishaps

Mishaps: Dedicated to supporting victims of car accidents get fair compensation for injuries and harm.

Bike Mishaps

Focused on providing legal services for bikers involved in scooter accidents, ensuring justice for harm.

Big Rig Incident

Providing expert legal assistance for persons involved in lorry accidents, focusing on securing rightful claims for injuries.

Worksite Mishaps

Focused on advocating for workers or bystanders injured in construction site accidents due to negligence or negligence.

Neurological Traumas

Focused on delivering compassionate legal services for patients suffering from neurological injuries due to carelessness.

Dog Bite Harms

Proficient in addressing cases for clients who have suffered damages from puppy bites or animal assaults.

Jogger Crashes

Focused on legal services for cross-walkers involved in accidents, providing effective representation for recovering recovery.

Unjust Passing

Standing up for relatives affected by a wrongful death, offering empathetic and adept legal services to ensure fairness.

Vertebral Trauma

Committed to supporting victims with paralysis, offering professional legal services to secure compensation.

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312-313-2440