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Wrongful Death Attorney in Toluca

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Carlson Bier - 14 W Superior St Ste. 1503, Chicago, Il 60654, United States

About Carlson Bier Associates

When you are grappling with the heart-wrenching loss of a loved one due to wrongful death, navigate your legal journey with Carlson Bier. Revered as experienced practitioners in Illinois’s intricate law sphere, this stalwart firm advocates for bereaved clients. Distinctly specialized in Wrongful Death cases, their precision-based approach ensures comprehensive investigation and representation that champions your cause profoundly.

Critical insights into the unique attributes of Toluca enables them to provide tailored solutions fitting every client’s individual storyline from this city. Pioneering strategists at Carlson Bier seamlessly convert these intrinsic cultural nuances into potent litigation tools.

Evidence-backed diligence defines their endeavours; they ensure no stone left unturned when unraveling complex legal trajectories linked to a wrongful death incident. Their professional acumen coupled with compassionate understanding positions them as an ideal touchstone during such difficult times.

Trust Carlson Bier because they will strive relentlessly until justice is served honourably for your departed loved one while helping you cope under trying circumstances better than ever before! With them by your side, experience strength seeping back into every corner of your life overshadowed by tragedy.

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About Carlson Bier

Wrongful Death Lawyers in Toluca Illinois

At Carlson Bier, our team of dedicated personal injury attorneys understand the devastation a wrongful death can bring to a family. Located in Illinois, we are committed to guiding you through this difficult time by providing compassionate legal support designed around your specific needs in dealing with such cases.

Wrongful Death pertains to fatalities that occur due to the negligence or misconduct of another party. This could be as a result of an avoidable accident, improper medical care, workplace hazards, or even intentional harm. Regardless of the scenario, these instances carry deep emotional and financial burdens for those left behind. Understanding your rights in relation to Wrongful Death is essential.

• The initial step involves understanding who may file the claim; it’s typically immediate family members such as spouses or children.

• Another key aspect is the timeframe within which these claims must be made; according to Illinois law, you have up to two years following the date of death.

• Lastly, demonstrating proof of negligence or misconduct is integral in establishing liability and seeking compensation.

Overwhelmed? You don’t need to go through it alone. Our experienced attorneys promise unwavering assistance during this challenging phase.

Each case requires methodical investigation and preparation – something we are proficient in at Carlson Bier. We employ necessary tools and strategies needed for holding accountable parties liable. Our objective focuses on helping families attain closure by seeking justice on their behalf without adding additional stress during an already tragic period.

Our firm closely evaluates each unique case brought forth by clients investigating causations leading up to the unfortunate incident meticulously and ensuring no detail goes unnoticed – whether potential evidences or witnesses that can support your claim effectively. In addition:

• The likelihood of compensation isn’t confined only within medical expenses but extends beyond covering funeral costs along with loss-of-life damages like lost income.

• Calculating these damages can be complex; approach professionals capable enough in dealing with similar computations relative toward fair compensations.

• Bear in mind the importance of swift legal action, especially with respect to Illinois statute limitations.

Rely on Carlson Bier’s established reputation and expertise in this field. Our team comprises seasoned attorneys who’ve actively dealt with wrongful death cases throughout their careers. These professionals are knowledgeable, committed and ready to navigate you through the complexities of liability determination, calculation of damages and overall case-building so that your family can focus on healing.

Bringing a wrongful death claim might appear intimidating at glance; however, attaining justice for your loved one shouldn’t be an uphill battle when we’re by your side. Success for us means achieving maximum compensation owing to those subjected to unnecessary suffering caused by another party’s actions or negligence. We maintain utmost transparency throughout every step of the process, assuring you stay informed regarding progress updates pertaining to your case.

We respect the emotional turmoil concerned families endure during such sorrowful times. At Carlson Bier, you will receive undivided attention from our competent staff who treat each client as individuals – not just as case numbers – exemplifying commitment towards returning lives back onto reassuring normalcy post such tragic events.

If you believe a loved one’s death is attributed to negligent or malicious acts by another party reach out to us immediately. To explore more about legal options available and understand how much your potential lawsuit claim might amount up-to be worth based on specific circumstances for surviving delegates, please click the button below. Rest assured our representation leaves no stone unturned in pursuit of achieving justified conclusion for victims of wrongful deaths.

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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 Toluca

Areas of Practice in Toluca

Pedal Cycle Collisions

Proficient in legal support for clients injured in bicycle accidents due to negligent parties' lack of care or perilous conditions.

Thermal Wounds

Offering professional legal help for patients of severe burn injuries caused by accidents or carelessness.

Healthcare Negligence

Ensuring expert legal representation for individuals affected by clinical malpractice, including surgical errors.

Goods Accountability

Handling cases involving defective products, extending professional legal help to individuals affected by harmful products.

Senior Mistreatment

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

Slip & Slip Injuries

Expert in handling tumble accident cases, providing legal support to sufferers seeking redress for their losses.

Neonatal Injuries

Providing legal assistance for loved ones affected by medical negligence resulting in newborn injuries.

Automobile Accidents

Incidents: Concentrated on assisting individuals of car accidents obtain reasonable remuneration for damages and destruction.

Bike Crashes

Expert in providing representation for bikers involved in two-wheeler accidents, ensuring adequate recompense for damages.

18-Wheeler Mishap

Offering experienced legal services for drivers involved in truck accidents, focusing on securing appropriate settlement for losses.

Construction Site Collisions

Focused on representing workers or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Cerebral Injuries

Specializing in offering dedicated legal representation for persons suffering from brain injuries due to accidents.

Dog Bite Injuries

Specialized in handling cases for victims who have suffered injuries from canine attacks or animal attacks.

Foot-traveler Incidents

Committed to legal services for pedestrians involved in accidents, providing professional services for recovering recovery.

Undeserved Death

Working for relatives affected by a wrongful death, offering compassionate and professional legal services to ensure restitution.

Vertebral Impairment

Specializing in defending persons with spine impairments, offering specialized legal guidance to secure justice.

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