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Wrongful Death Attorney in Stronghurst

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About Carlson Bier Associates

When dealing with wrongful death situations, the assurance of expert legal representation is essential. Based in Illinois, Carlson Bier provides a superior level of expertise and experience in this field. We bring understanding, compassion, and dedication to each case we handle. Our primary goal lies in assuring fair compensation for the loss suffered by our clients’ loved ones due to negligence or intent of others. While it’s true that no amount of financial restitution can replace your lost family member, we believe that attaining justice through rightful settlement aids families during such painful times. Serving Stronghurst citizens for their wrongful death legal needs, Carlson Bier emphasizes close communication throughout all stages—listening to you carefully, explaining implications thoroughly and fighting zealously for your rights on every front resulting in favorable outcomes time and again.

Navigating complex litigation processes following an unfortunate event could be intimidating but choosing us means opting for exemplary assistance rooted firmly within Illinois law practices Underline: No one wins against Wrongful Death; however with Carlson Bier at helm you are guaranteed dedicated companionship coupled with exceptional proficiencies ensuring maximum possible relief rendered legally under sensitive circumstances overcoming grieving scenarios seamlessly!

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About Carlson Bier

Wrongful Death Lawyers in Stronghurst Illinois

Wrongful death cases in Illinois encompass a wide range of situations. Each year, people find themselves seeking justice and compensation due to the unexpected demise of their loved ones caused by someone else’s negligence or wrongful acts. At Carlson Bier, we understand how this can be a difficult time for families as they deal with loss while figuring out their legal rights.

Based on Illinois state law, wrongful deaths occur when a person dies as the result of neglect, default, or some other illicit act. Frequently give rise to such lawsuits are instances like car accidents resulting from reckless driving; product liability claims where harmful products lead to an untimely passing; medical malpractice issues such as misdiagnosis or surgical errors, and workplace accidents due to lack of safety measures.

It is often challenging for victims’ families to navigate through this legal labyrinth without professional support. Hence here at Carlson Bier, our experienced attorneys will guide you every step of the way – investigating details relentlessly, working alongside experts to comprehend all facts correctly and designing potent strategies that ensure maximum settlement.

This brings us important points that need emphasis:

• Eligible Plaintiffs: In Illinois, one has two years following the victim’s death (“statute of limitations”) within which he/she may file a suit for wrongful death claim except when caused by violent intentional conduct – anarchists have no reprieve period (“tolling provision”). The suit must be brought forth by executor/administrator named in decedent’s will or appointed by court.

• Damages Recoverable: Financial damages (Pecuniary losses) including lost earnings/future earning potential of deceased individual & anticipated inheritance are compensable in these actions. Emotionally charged “losses” – consortium/companionship/parental guidance/society – too come under legally recoverable category.

• No Predetermined ‘Caps’: Unlike some states there exist no limits (“caps”) upon monetary damages recoverable via such actions in Illinois. Each distinctive case is assessed based on its specific circumstances – thus many families have received multi-million-dollar awards.

Finding yourself entangled in a wrongful death battle can be exceedingly intricate and emotionally overwhelming. It demands not only understanding the law but also a clear discernment of how to apply it effectively, something that Carlson Bier excels in remarkably. We consider our clients – aggrieved individuals and their families as more than just clients. For us, they are real people with genuine problems deserving heartfelt empathy, pragmatic advice, and robust legal action. Our attorneys bring decades of experience to your aid combined with an intimate knowledge of these laws ensuring proficient handling of these sensitive cases.

Our commitments to you are unequivocal:

– Provide comprehensive advice about your rights.

– Guide you through complex judicial procedures.

– Strive for maximum compensation on your behalf.

– Offer compassionate representation buoys your strength during challenging times.

At Carlson Bier, we truly believe in delivering justice to those wronged by others’ actions by uncomplicating the complexities surrounding wrongful death claims. To begin understanding the potential value of your claim or if you merely wish to discuss this harsh reality that has cast a shadow over your life presently, we invite you to get in touch with us today. Our initial consultation comes without any obligation on your part but provides significant insight into realistic possibilities ahead in absolute confidentiality.

So why wait longer? Justice delayed often amounts to justice denied! Click on the button below now for a comprehensive evaluation from one our experienced attorneys regarding what realistically might be achievable for you under existing Illinois laws pertaining specifically to wrongful death matters!

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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 Stronghurst

Areas of Practice in Stronghurst

Bike Crashes

Specializing in legal assistance for individuals injured in bicycle accidents due to others's recklessness or hazardous conditions.

Thermal Damages

Extending professional legal advice for sufferers of severe burn injuries caused by occurrences or indifference.

Medical Misconduct

Ensuring experienced legal services for patients affected by physician malpractice, including surgical errors.

Products Obligation

Addressing cases involving defective products, providing skilled legal support to victims affected by product-related injuries.

Geriatric Misconduct

Supporting the rights of seniors who have been subjected to mistreatment in nursing homes environments, ensuring fairness.

Tumble and Tumble Occurrences

Skilled in dealing with trip accident cases, providing legal assistance to sufferers seeking recovery for their suffering.

Infant Traumas

Delivering legal guidance for households affected by medical malpractice resulting in infant injuries.

Vehicle Crashes

Mishaps: Committed to assisting clients of car accidents obtain appropriate payout for hurts and impairment.

Two-Wheeler Crashes

Dedicated to providing legal assistance for motorcyclists involved in bike accidents, ensuring justice for harm.

Truck Crash

Offering experienced legal assistance for clients involved in semi accidents, focusing on securing fair compensation for harms.

Construction Crashes

Dedicated to defending laborers or bystanders injured in construction site accidents due to recklessness or recklessness.

Neurological Injuries

Committed to offering expert legal advice for clients suffering from brain injuries due to incidents.

K9 Assault Harms

Expertise in addressing cases for victims who have suffered damages from puppy bites or animal assaults.

Pedestrian Collisions

Specializing in legal support for walkers involved in accidents, providing comprehensive support for recovering damages.

Unjust Demise

Advocating for loved ones affected by a wrongful death, extending compassionate and skilled legal support to ensure restitution.

Neural Trauma

Committed to advocating for patients with spinal cord injuries, offering expert legal assistance to secure settlement.

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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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