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Wrongful Death Attorney in Tuscola

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About Carlson Bier Associates

When you face the daunting reality of a wrongful death in your family, it’s crucial to weigh your legal options. Carlson Bier is one of the leading personal injury law firms taking on cases for individuals and families seeking justice amidst tragic loss due to negligence or misconduct. Our attorneys possess paramount experience and expertise dealing specifically with wrongful death lawsuits, ensuring comprehensive counsel from empathetic yet tenacious professionals. We understand that no compensation can ever replace side-lined dreams; however, our aim lies in holding accountable entities responsible while supporting clients amid their grief-stricken journey. Serving Tuscola clientele with unflagging dedication and integrity, we strive diligently to secure appropriate settlements meticulously calculating lost wages, medical expenses as well as pain or suffering endured by surviving relatives through negotiations or trials should they become necessary. Indeed choosing Carlson Bier implies securing strong representation committed to achieving justice fervently upholding clients’ rights under Illinois law during challenging times marked by personal loss owing to wrongful death incidents.

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About Carlson Bier

Wrongful Death Lawyers in Tuscola Illinois

Welcome to Carlson Bier, your trusted team of personal injury attorneys based in Illinois. Our specialty is fighting tirelessly for our clients who have found themselves entangled in the complexities and emotional distress brought about by wrongful death cases. Losing a loved one due to third-parties negligence or oversight is not only heartbreaking; it adds financial strains. You are left behind dealing with both grief and unanticipated costs like funeral expenses, lost income, medical bills and loss of consortium.

In legal terms, wrongful death refers to a lawsuit that takes place when someone is killed due to another person’s negligent action or outright misconduct which could be intentional or accidental. This definition may seem extensive but with Carlson Bier by your side; this complex maze will be navigated easily as we break down these components and guide you on how to claim what rightfully belongs to you – justice.

• Incase the defendant acted negligently: Negligent actions may include careless driving leading to fatal car accidents or doctors failing to provide required medical care.

• Incase there was an intent to harm: Wrongful deaths often occur as a result of intentional behaviors such as murder.

• If the Victim/Decedent: The victim needs must have been deceased for a wrongful death suit.

• Surviving family members are suffering monetary injury (pecuniary) as a result of the death: We understand notifying this might entail talking about things you would rather forget.

Our dedicated professionals empathize with the pain and trauma that accompanies such devastating occurrences. With years of experience under our belt bolstered by an impressive success rate, we are committed not just serving justice but also alleviating any financial burdens off your shoulders letting you focus on healing and remembering your loved one without any added bitterness.

Wrongful death claims can be filed against various entities including individuals, companies even governmental agencies.In Illinois undocumented immigrants also hold the right to make a claim against wrongful deaths.We promise every client confidentiality & attention to details, and an assertive representation ensuring the responsible parties are held accountable.

Remember – each wrongful death claim is unique and calls for different approaches. Having us in your corner will not only ensure that we establish proof of negligence but also calculate just compensation by considering factors like medical and funeral costs, loss of companionship to name a few.

Partnering with Carlson Bier means choosing competence, compassion, and commitment. Our adept team familiar with Illinois legal system will relentlessly fight for you till justice is served and rightful compensation delivered right at your doorstep. We offer free consultation which includes breaking down complex legal jargon into everyday language that can be effortlessly understood.

Carlson Bier believes that everyone should have the ability to enforce their rights under law hence our payment structure is based on contingency; meaning you pay nothing unless we win!

Remember, time is of essence when it comes dealing with wrongful death claims as Illinois law has set statutes of limitations on filing these claims. Delay may rob off your chance to seek monetary redress thereby mushrooming your troubles.So why wait?

By clicking the button below you can find out exactly how much your case might be worth without any obligation attached! That’s right – no strings attached! Get started now because at Carlson Bier, we turn grief into strength, despair into hope one case a time bringing closer healing through rendering justice served.

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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 Tuscola

Areas of Practice in Tuscola

Two-Wheeler Crashes

Expert in legal representation for persons injured in bicycle accidents due to other parties' negligence or dangerous conditions.

Burn Wounds

Supplying skilled legal help for victims of major burn injuries caused by accidents or recklessness.

Hospital Negligence

Delivering experienced legal assistance for patients affected by medical malpractice, including surgical errors.

Goods Accountability

Handling cases involving unsafe products, supplying expert legal support to individuals affected by faulty goods.

Geriatric Mistreatment

Advocating for the rights of seniors who have been subjected to mistreatment in senior centers environments, ensuring fairness.

Trip and Tumble Accidents

Adept in tackling tumble accident cases, providing legal representation to victims seeking recovery for their suffering.

Newborn Damages

Offering legal aid for kin affected by medical negligence resulting in infant injuries.

Automobile Mishaps

Incidents: Committed to supporting victims of car accidents secure reasonable settlement for harms and impairment.

Bike Incidents

Specializing in providing legal advice for bikers involved in motorbike accidents, ensuring justice for injuries.

Semi Collision

Delivering specialist legal assistance for persons involved in lorry accidents, focusing on securing adequate claims for losses.

Worksite Accidents

Concentrated on assisting workers or bystanders injured in construction site accidents due to safety violations or misconduct.

Brain Traumas

Specializing in ensuring professional legal advice for individuals suffering from head injuries due to carelessness.

Dog Bite Wounds

Specialized in addressing cases for victims who have suffered wounds from K9 assaults or animal assaults.

Pedestrian Mishaps

Specializing in legal representation for foot-travelers involved in accidents, providing comprehensive support for recovering claims.

Unjust Fatality

Fighting for families affected by a wrongful death, offering caring and experienced legal guidance to ensure compensation.

Vertebral Impairment

Committed to assisting patients with paralysis, offering compassionate legal representation 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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