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Wrongful Death Attorney in Streator

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About Carlson Bier Associates

In the unfortunate event of a wrongful death, Carlson Bier offers unparalleled expertise in providing justice. Serving Streator residents and tirelessly seeking compensation for their losses, our team great commitment brings peace of mind at times where it’s most needed. Our knowledgeable attorneys understand the intricacies of Illinois laws surrounding wrongful deaths, offering an edge over others. Whether it involves medical malpractice or fatal accidents, we have consistently secured optimal results through meticulous investigation strategies and strong trial advocacy skills that prove critical to your case’s successful outcome. With us by your side means trust in a firm dedicated to protecting grieving families while upholding high standards of legal service; because at Carlson Bier, we believe everyone has the right to fair representation during tough times. That’s why so many choose us—the strength behind our reputation lies directly within our relentless pursuit for fairness and accountability amidst life-changing circumstances as these are precisely what sets us apart from other firms—which are especially crucial at such difficult junctures.

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About Carlson Bier

Wrongful Death Lawyers in Streator Illinois

At Carlson Bier, our experienced personal injury attorneys understand the emotional turmoil and financial hardship you may undergo when dealing with a wrongful death. Whether resulting from an accident or medical malpractice, wrongful deaths can have lasting implications on families both emotionally and financially. Wrongful Deaths refer to fatalities that occur due to negligence or reckless acts of others. While no compensation can truly make amends for your loss, winning a legal battle can pave the way towards rebuilding your life.

Our committed team of personal injury lawyers at Carlson Bier provides such exceptional legal services in Illinois, offering the guidance required to navigate through these complex claiming processes. We are dedicated to ensuring justice is served and prevent similar situations from happening again by holding responsible parties accountable.

Some key aspects surrounding Wrongful Death cases are:

• Identification: The first step is identifying if the death in question qualifies as ‘wrongful.’ Typically, if the death was caused due to someone else’s negligent or intentional action it would be classified as such.

• Claim Filing Process: Our skilled attorneys will help manage all aspects of filing a claim for you within requisite legal stipulations.

• Compensation: Recoverable damages include but aren’t limited to loss of expected future income, funeral costs, medical expenses incurred prior to death, pain & suffering endured by deceased before they died.

• Proof: In order to receive compensation; you must prove that another person or entity’s act (or failure thereof) resulted directly in your loved one’s demise.

Navigating through this intricate law provisions without professional assistance could be overwhelming. Our competent team at Carlson Bier offers comprehensive support during these testing times from understanding case specifics, showcasing strong convincing evidence displaying distinct correlation between the negligent act and wrongful death – to trial proceedings if settlements don’t suffice.

Moreover, there are several idiosyncrasies applicable under Illinois law regarding wrongful deaths claims which potential claimants should know about:

• Who Can File For Claim: Illinois law stipulates that claims can only be filed by the personal representative of the deceased’s estate (usually a close relative).

• Statute Of Limitations: Every state observes it own deadlines for initiating legal proceedings. In Illinois, claimants typically have two years from the date of death to file.

Understandably, this period in your life may feel insurmountable but we at Carlson Bier are committed to securing justice and easing financial burdens where possible. Allowing expertise of our proficient attorneys can alleviate some of your mounting stress involved during these litigations while providing a clear path towards recovery.

Ultimately wrongful deaths are complex cases that require expert navigation and advocacy – quality services which lawyers at Carlson Bier strive for everyday with utmost compassion. Our mission is to shoulder the burden on you so healing may commence even amidst adversity.

With our assistance, you will not travel this formidable journey alone – revealing what circumstances led to your loved one’s untimely demise along with advocating just compensation for resultant losses. We encourage you to take advantage of our exceptional legal advisory and invite you explore how our dedicated team could assist getting through these challenging times.

By clicking on the button below, learn about prospective ways your case possibly stands out among other similar ones; uncover potential compensatory damages applicable under distinct provisions within Illinois law pertinent to wrongful death lawsuits – thereby estimating fair settlement figure according with gravity & nature encompassing such unfortunate events.

Let us guide you towards reclaiming control over your life after experiencing such substantial losses. Together, we shall conquer daunting complexities presented by wrongful death claims ensuring an equitable resolution aligning closest with inflicted scenarios via commencing litigation or agreeing upon settlements outside courtrooms when rightful conditions present themselves thereof.

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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 Streator

Areas of Practice in Streator

Pedal Cycle Incidents

Focused on legal assistance for clients injured in bicycle accidents due to other parties' lack of care or hazardous conditions.

Flame Damages

Offering expert legal services for sufferers of major burn injuries caused by mishaps or negligence.

Hospital Misconduct

Offering professional legal representation for persons affected by medical malpractice, including wrong treatment.

Items Accountability

Handling cases involving dangerous products, delivering specialist legal guidance to consumers affected by product-related injuries.

Geriatric Malpractice

Representing the rights of nursing home residents who have been subjected to malpractice in aged care environments, ensuring compensation.

Slip & Tumble Incidents

Adept in tackling slip and fall accident cases, providing legal representation to individuals seeking redress for their damages.

Childbirth Damages

Supplying legal guidance for kin affected by medical carelessness resulting in newborn injuries.

Motor Incidents

Collisions: Focused on supporting individuals of car accidents receive just payout for injuries and damages.

Motorbike Collisions

Committed to providing legal services for bikers involved in motorcycle accidents, ensuring fair compensation for damages.

Truck Mishap

Offering specialist legal advice for clients involved in lorry accidents, focusing on securing just claims for losses.

Construction Site Crashes

Engaged in assisting workmen or bystanders injured in construction site accidents due to oversights or carelessness.

Brain Injuries

Dedicated to offering specialized legal support for patients suffering from cognitive injuries due to carelessness.

K9 Assault Traumas

Skilled in tackling cases for persons who have suffered wounds from dog attacks or beast attacks.

Jogger Crashes

Focused on legal advocacy for pedestrians involved in accidents, providing expert advice for recovering recovery.

Unfair Death

Advocating for grieving parties affected by a wrongful death, providing understanding and skilled legal guidance to ensure compensation.

Backbone Damage

Focused on representing victims with backbone trauma, offering dedicated legal support to secure compensation.

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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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