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Wrongful Death Attorney in Texico

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About Carlson Bier Associates

Navigating the aftermath of a wrongful death is an emotionally challenging experience. In such trying times, securing expert legal representation in Texico becomes imperative. Carlson Bier leads with compassion and professionalism, ensuring your pursuit of justice is handled prudently. Our attorneys provide personalized care for each case and client, armed with extensive experience to tackle complex legal issues surrounding wrongful deaths claims effectively. The sterling reputation we hold over years has made us the go-to option for many who seek insightful counsel on sensitive matters associated with loss due to negligence or misconduct of others in Texico area. Besides advocating our clients’ rights tirelessly, we help them secure maximum compensation they deserve using strategic methods honed over time – asserting our role as unwavering guardians of justices during their most vulnerable periods proves why choosing Carlson Bier sets you apart from uncertainty to results-oriented action plans.

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About Carlson Bier

Wrongful Death Lawyers in Texico Illinois

At Carlson Bier, we are a premier law firm in Illinois dedicated to representing victims suffering from personal injuries. Our team of expert attorneys specializes in various areas of personal injury law, including wrongful death cases. A wrongful death action arises when an individual’s life is cut short due to the negligent or reckless actions of another party. In such circumstances, surviving family members may be entitled to compensation for their monumental loss.

Understanding Wrongful Death: A wrongful death claim can be made when a person dies as a result of poor judgement or misconduct by another entity or individual. This could occur in numerous scenarios such as road accidents, workplace incidents, medical malpractice among others. Wrongful death claims serve two main purposes: to compensate for the families left behind and secondly, to enforce proper conduct thereby preventing harm through similar future occurrences.

Legal Requirements: For a successful claim within Illinois law, you must establish three crucial factors.

• The fatal incident was caused either entirely or significantly due to the defendant’s negligence.

• The deceased party has surviving beneficiaries or dependents.

• There have been monetary damages as a result of your loved one’s untimely demise.

Compensation Scope: You might wonder what costs can be covered under a wrongful death settlement? Typically it includes but is not limited to; funeral and burial expenses, lost income potential which they could have earned over a lifetime had they not tragically passed away as well as pain and suffering experienced by family members due the loss.

Time Limitations (Statute Of Limitations): It is essential to note that under Illinois legislation there exists a set frame within which this kind of lawsuits must be filed – usually within two years from date of passing.

Familiarizing yourself with these details gives you initial insight into matters surrounding wrongful death claims. However, navigating through legal waters while grieving can be cumbersome and distressing which where lawyers from Carlson Bier step in – providing much-needed guidance and assistance for pursuing your rightful claims. Our duty is to ensure you receive maximum restitution, alleviating one aspect of stress during such troubling times.

The value attributed to wrongful death claims varies significantly based on diverse elements such as the deceased age, their potential future earnings amongst others. Calculating this can be complex and challenging hence the need for a skilled personal injury law team like Carlson Bier to provide rightful representation ensuring fitting compensation.

Like any legal pursuit, wrongful death suits require significant proof connecting the defendant’s actions or lack thereof directly caused your loved one’s passing. Carlson Bier attorneys are assertive and tactical investigators upholding tenacity in compiling undeniable proof towards holding responsible parties accountable for their thoughtless actions.

Our ultimate goal at Carlson Bier is to secure justice and necessary financial support allowing survivors more ease while picking up pieces and adapting back into everyday life post-tragedy. We understand that no amount can adequately cover emotional pain caused by losing a loved one, but we strive diligently ensuring maximum financial compensation facilitating recovery process.

Your decision to consult with an experienced wrongful death attorney following a tragic loss could make all the difference in securing reparations due to you quickly and comprehensively – aiding comparatively smoother transition journey through heartbreaking grief. Take action today! Choose experts that will battle relentlessly fighting for your interests, offering much-needed respite in daunting times; choose Carlson Bier attorneys.

Curious as to what your compensation might look like? Click on the button below now to discover how much your case may potentially be worth considering various influencing factors personalized just for you – without any commitments!

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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 Texico

Areas of Practice in Texico

Two-Wheeler Accidents

Focused on legal services for clients injured in bicycle accidents due to responsible parties' indifference or perilous conditions.

Scald Burns

Supplying adept legal help for sufferers of intense burn injuries caused by events or indifference.

Physician Negligence

Ensuring experienced legal representation for patients affected by clinical malpractice, including negligent care.

Items Liability

Dealing with cases involving dangerous products, delivering professional legal guidance to customers affected by product-related injuries.

Senior Malpractice

Supporting the rights of seniors who have been subjected to misconduct in aged care environments, ensuring restitution.

Fall and Slip Occurrences

Expert in dealing with tumble accident cases, providing legal support to sufferers seeking recovery for their injuries.

Newborn Wounds

Offering legal support for kin affected by medical incompetence resulting in neonatal injuries.

Car Accidents

Collisions: Devoted to supporting clients of car accidents obtain appropriate settlement for damages and losses.

Scooter Collisions

Expert in providing legal assistance for riders involved in scooter accidents, ensuring adequate recompense for injuries.

Semi Crash

Delivering adept legal assistance for persons involved in big rig accidents, focusing on securing rightful compensation for injuries.

Construction Site Collisions

Focused on defending employees or bystanders injured in construction site accidents due to oversights or misconduct.

Cerebral Traumas

Dedicated to offering professional legal advice for persons suffering from head injuries due to incidents.

Dog Bite Harms

Proficient in tackling cases for clients who have suffered traumas from dog bites or beast attacks.

Pedestrian Crashes

Focused on legal support for foot-travelers involved in accidents, providing comprehensive support for recovering recovery.

Unwarranted Death

Advocating for families affected by a wrongful death, delivering sensitive and expert legal support to ensure redress.

Neural Injury

Expert in supporting clients with spinal cord injuries, offering compassionate legal guidance to secure justice.

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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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