Wrongful Death Attorney in Troy

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About Carlson Bier Associates

When confronted with the devastating and emotionally taxing ordeal of a wrongful death in Troy, it is essential to choose an attorney who can deliver superior results while offering compassion during this difficult time. At Carlson Bier, our tenacious legal team relentlessly advocates for families who lost loved ones due to negligence or misconduct. Our Illinois-based law firm is recognized as one of the premier wrongful death firms in the state owing to our comprehensive understanding of these complex suites, attention to detail and successful track record over numerous cases.

We are not merely lawyers; we provide solace within a storm—offering guidance through litigation complexities that may seem overwhelming amidst loss. We recognize your grief, respect your sorrow, and dedicate ourselves entirely towards securing you justice served rightfully.

In every case handled by Carlson Bier’s professional attorneys, nothing less than maximum vigilant representation coupled with personal support is provided. Entrusting us means gaining more than just an ally—you’re gaining a fiercely devoted advocate willing and equipped relentlessly fighting for justice on behalf of your loved one’s memory.

About Carlson Bier

Wrongful Death Lawyers in Troy Illinois

At Carlson Bier, we are a dedicated personal injury law firm based in Illinois with an unrivaled commitment to securing justice and compensation for victims of unfortunate incidents leading to wrongful deaths. We understand that no amount can replace your loved one; however, our team of passionate attorneys work relentlessly to ensure you receive the financial support necessary to propel you through these challenging times.

Wrongful Death is a term used to describe any loss of life due to negligence or misconduct on the victim’s part by a particular entity like an individual or organization. These circumstances typically involve accidents – whether vehicular, maritime, industrial, or domestic–medical malpractice, products defects leading to fatal injuries, and criminal acts such as assault and battery.

Key aspects you should know about Wrongful Death include the following bullet points:

• Only certain individuals may initiate a wrongful death claim — often immediate family members.

• There is stipulated limitation period within which this kind of case must be filed.

• It involves proving breach of duty caused directly by negligence resulting in fatality.

• Compensatory damages cover both economic losses (like medical expenses) and non-economic losses (such as pain & suffering).

• A successful claims result does not automatically absolve criminal liability.

The process for making a claim in these situations isn’t straightforward; it requires meticulous investigation and legal backing from seasoned professionals well versed in relevant laws. Provisioning distinctively personalized services tailored per case specifics ensures our team can guide you effectively throughout this legal journey. Our main goal at Carlson Bier is affording quality service coupled with compassion because we realize how taxing dealing with such tragic scenarios can be emotionally draining.

In erecting formidable cases on behalf of clients subjected to wrongful deaths of closest relatives or dependents, we scrutinize every angle minutely—establishing fault backed by concrete evidence. Here at Carlson Bier, we handle every aspect related directly or indirectly towards solidifying your claim—from corroborating accident reports and medical records to interviewing witnesses, if any.

Moreover, realizing the intricate legal jargons can be confusing, we strive to maintain open channels of communication throughout your case. We believe in keeping you informed about every progress and explaining each process step so that you’re actively involved in making decisions affecting case outcome—a hallmark reasoning behind our solid track record.

Taking these preliminary steps isn’t just a service; it’s part of our commitment to aiding affected grief-stricken families navigate such difficult times. We conscientiously explore all avenues towards ensuring justice served for the innocent victims while granting deserved compensation reprieve for their grieving loved ones.

Nothing could ever really fill the void left after losing a loved one abruptly due to someone else’s negligence or recklessness. But working with us at Carlson Bier means having an ally who will stop at nothing until you receive rightful restitution against culprits responsible. Covering lost wages, medical bills, funeral expenses among other costs incurred during these hard times as well is our utmost priority—lessening this financial burden off your shoulders.

If you have questions concerning wrongful death cases or need help filing a claim following an unfortunate incident related thereto — allow us help bring clarity in an undoubtedly murky period within your life. Get started today by clicking on the button below to figure out what your case might be worth because we understand that timely action spells difference between defeat and victory in matters courtroom battles. At Carlson Bier we fight fiercely but compassionately for injustice victims because for us—it’s beyond indifference disputes; it’s about lives injustices affected! Seek justice together with Carlson Bier—your trusted personal injury attorneys based in Illinois!

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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 Troy

Areas of Practice in Troy

Bicycle Incidents

Dedicated to legal advocacy for people injured in bicycle accidents due to others's carelessness or perilous conditions.

Fire Traumas

Providing professional legal help for patients of serious burn injuries caused by accidents or carelessness.

Clinical Negligence

Extending professional legal support for victims affected by clinical malpractice, including surgical errors.

Products Accountability

Managing cases involving unsafe products, delivering professional legal support to customers affected by faulty goods.

Nursing Home Abuse

Supporting the rights of elders who have been subjected to mistreatment in care facilities environments, ensuring fairness.

Stumble & Slip Accidents

Expert in managing slip and fall accident cases, providing legal representation to victims seeking justice for their harm.

Infant Harms

Providing legal help for loved ones affected by medical incompetence resulting in infant injuries.

Vehicle Collisions

Incidents: Dedicated to assisting patients of car accidents gain equitable payout for injuries and impairment.

Motorbike Crashes

Expert in providing legal services for bikers involved in bike accidents, ensuring adequate recompense for injuries.

Big Rig Crash

Providing experienced legal advice for persons involved in lorry accidents, focusing on securing appropriate claims for losses.

Construction Site Accidents

Concentrated on assisting staff or bystanders injured in construction site accidents due to carelessness or recklessness.

Brain Traumas

Expert in offering specialized legal services for clients suffering from head injuries due to incidents.

K9 Assault Traumas

Proficient in handling cases for individuals who have suffered wounds from canine attacks or wildlife encounters.

Jogger Incidents

Specializing in legal representation for cross-walkers involved in accidents, providing comprehensive support for recovering restitution.

Unwarranted Loss

Fighting for bereaved affected by a wrongful death, providing empathetic and expert legal representation to ensure redress.

Vertebral Trauma

Focused on defending individuals with vertebral damage, offering expert legal guidance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer