Wrongful Death Attorney in Trenton

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About Carlson Bier Associates

Choosing the right wrongful death attorney is critical during such a challenging time. That’s why Carlson Bier comes highly recommended in Trenton for their compassionate and thorough approach to these sensitive cases. Driven by a profound respect for each client’s grief and loss, this powerhouse firm redefines support with top-tier assistance that navigates emotional distress without losing sight of justice. Specializing exclusively in personal injury cases, Carlson Bier offers unmatched expertise in wrongful death litigation, demonstrating steadfast dedication on their pursuit of rightful compensation every step along the way.

By leveraging vast legal knowledge basin-wide and hands-on experience spanning many years, they have honed the necessary skills to achieve significant success rates regardless of complexity or contested circumstances. They’ve built strong rapport through relentless advocacy, setting them apart as not only attorneys but allies too – ceaselessly reinforcing that your pain matters at every juncture.

Relying on sheer tenacity matched with empathy reflects how Carlson Bier thoroughly understands what bereaved families go through following an sudden loss – crafting thoughtful action plans personally tailored amidst all adversity faced.

Trustworthy guidance from seasoned professionals like those at Carlson Bier can make navigating Tennessee’s complex wrongful death laws manageable – proving instrumental when navigating an unfamiliar terrain saturated with both painful memories and entrenched legalities simultaneously—thus standing out as optimal choice!

About Carlson Bier

Wrongful Death Lawyers in Trenton Illinois

At Carlson Bier, we are an Illinois-based personal injury law firm deeply committed to shedding light on the realities of wrongful death. Navigating through what amounts to the loss of a loved one can be disheartening. As knowledgeable attorneys in this complex and sensitive field, we provide unrivaled guidance during these trying times.

Wrongful death refers to untimely demise resulting from negligence or misconduct by another individual or entity. It could emanate from several situations such as fatal car accidents, medical malpractice, workplace incidents, amongst others. When you’re left coping with the emotional distress caused by losing a family member under such circumstances, it’s crucial not only to understand your rights but also how to uphold them.

In Illinois, there are specific rules governing who is eligible to file for a wrongful death claim. Usually limited to immediate family members like spouses and children or parents if no spouse or child exists – bereaved families have the right to financial compensation if they prove that their loved one’s passing was as a result of another party’s fault.

Moreover, there are exact timelines within which these claims should be filed – referred commonly in legal terms as “statute of limitations”. In most scenarios involving wrongful death cases in Illinois; parties generally have two years from the date of passing to initiate legal action although there may be circumstantial exceptions.

However vague or overwhelming these provisions might seem at first glance; three critical factors determine whether compensation will be awarded:

•Proof: For any claim made regarding wrongful death case in Illinois, it must clearly show that the responsible party acted negligently and indeed their actions directly resulted into demise.

•Damages: There has to be real evidence showing that tangible losses were suffered due them losing their beloved one.

•Causation: The claimant must concretely demonstrate the causality between reckless behavior and ensuing tragic event.

When exploring potential recoveries following agonizing fatalities; some common damages can be sought. These include, but not limited to:

•Medical and funeral expenses

•Loss of future earnings

•Loss of companionship

•Emotional distress

Although wrongful death claims won’t bring back your loved one; they assist in offsetting financial burdens that could be crippling during grieving period and over time. Being ensnarled in fierce battles with insurance firms or the party responsible should be the least of encounter at such a terrible time.

Therefore, seeking help from experienced personal injury law office like Carlson Bier becomes crucial. With our longstanding experience in this field coupled with compassionate personalized approach; we’ll focus on asserting your rights when you’re emotionally strained hence unable making rational decisions.

At Carlson Bier, our primary goal isn’t just helping bereaved families pursue rightful justice but also extending support beyond just compensation – lending an empathetic ear to listen, healing shoulder to lean on as well navigating legal complexities attached to wrongful deaths in Illinois.

You might have lost someone dear due negligence perpetrated by others – remain assured relying on professional guidance offered within Carlson Bier’s safe confines provides steadiness required walking through legal rollercoaster ride without inducing additional psychological strain.

Your journey towards cognitive reprieve while pursuing justice doesn’t need being marked by complicated legal jargon nor misunderstanding about process – let it be complemented by insightful information empowering you faced with tough choices often accompany wrongful death cases.

Taking steps to learn more about viability of your case helps dispel uncertainties clouding mind enhancing ability make informed decisions strategically significant towards maximizing eventual payout.

So don’t wait any longer…click on button below today find out what potential claim is worth – Rest easy knowing getting top-tier legal representation passionately committed ensuring you’re rightly compensated so that can concentrate reorganizing life after such devastating blow.

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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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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 Trenton

Areas of Practice in Trenton

Bicycle Accidents

Proficient in legal advocacy for clients injured in bicycle accidents due to other parties' indifference or dangerous conditions.

Fire Burns

Providing specialist legal assistance for people of serious burn injuries caused by events or negligence.

Hospital Negligence

Ensuring professional legal assistance for patients affected by healthcare malpractice, including misdiagnosis.

Commodities Liability

Taking on cases involving problematic products, offering professional legal help to customers affected by harmful products.

Elder Malpractice

Advocating for the rights of aged individuals who have been subjected to misconduct in elderly care environments, ensuring protection.

Tumble & Fall Accidents

Professional in tackling tumble accident cases, providing legal services to victims seeking recovery for their injuries.

Neonatal Harms

Supplying legal guidance for loved ones affected by medical negligence resulting in newborn injuries.

Motor Accidents

Crashes: Committed to assisting victims of car accidents receive appropriate recompense for harms and harm.

Motorbike Accidents

Specializing in providing representation for motorcyclists involved in bike accidents, ensuring justice for harm.

Trucking Mishap

Offering expert legal support for drivers involved in trucking accidents, focusing on securing fair settlement for damages.

Construction Collisions

Dedicated to advocating for workmen or bystanders injured in construction site accidents due to negligence or carelessness.

Cerebral Harms

Specializing in offering dedicated legal advice for victims suffering from cerebral injuries due to misconduct.

K9 Assault Harms

Skilled in dealing with cases for people who have suffered traumas from dog bites or animal assaults.

Foot-traveler Accidents

Committed to legal assistance for walkers involved in accidents, providing expert advice for recovering claims.

Unwarranted Fatality

Advocating for loved ones affected by a wrongful death, supplying empathetic and expert legal support to ensure fairness.

Backbone Impairment

Committed to defending patients with paralysis, offering professional legal guidance to secure justice.

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