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Wrongful Death Attorney in Upper Alton

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About Carlson Bier Associates

When facing the heart-wrenching situation of wrongful death, finding a compassionate yet formidable legal representative is crucial. That’s where Carlson Bier enters the scene— an authority in Personal Injury Law with an exceptional track record in handling Wrongful Death cases throughout Illinois. With this well-established law firm, you’re assured that your case is handled by adept lawyers who understand the intricacies of complex laws and procedures surrounding wrongful death incidents. Our expert attorneys diligently work to secure justice for lost loved ones by holding involved parties accountable for their careless actions with our rigorous prosecution methods.

Thousands have chosen us as they reckon that we are relentless fighters when taking on giant insurers or corporations against overwhelming odds. We compassionately address your concerns while aggressively advocating for maximum compensation through negotiation or trial — whichever path would yield optimal results based on each unique circumstance.

In dark times following a devastating loss, reach out to Carlson Bier for representing your interests best—an unrivaled choice in obtaining justice during such tragic circumstances!

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About Carlson Bier

Wrongful Death Lawyers in Upper Alton Illinois

At Carlson Bier, we understand that experiencing the loss of a loved one due to wrongful death can be an extremely challenging and emotionally turbulent time. As renowned personal injury attorneys based in Illinois, we are dedicated to providing you with comprehensive and supportive legal aid during these times of hardship.

Wrongful death is defined as an instance where an individual loses their life due to another person’s negligent or malicious actions. In most cases, these deaths are sudden and unexpected, leading to tremendous emotional distress for the surviving family members. Not merely restricted to mental anguish, immediate finances and future monetary considerations also come under significant strain post such tragedies.

It’s essential for you to recognize that as per Illinois law, the deceased’s ‘next of kin’, which generally includes spouses, children or parents, have the legal right to file a wrongful death claim. This claim serves twin objectives – imposing accountability on those responsible for your dear ones’ untimely demise while ensuring financial recourse through adequate compensation.

In outlining key aspects about a wrongful death lawsuit:

– The claim must establish without doubt that the defendant’s negligence resulted in your loved one’s death.

– It should also convincingly demonstrate how this tragic event has wrought enormous emotional trauma thus severely impacting your living conditions.

– Lastly but importantly, evidence must be presented linking your financial suffering directly from your loved one’s untimely passing.

Courts usually consider several factors when determining compensation in a wrongful death case. These include lost income (potential earnings had the loved one lived their full lifespan), funeral expenses alongside related healthcare costs if relevant; in addition they take into account pain & suffering experienced prior by decedent before eventually succumbing.

However each case is unique hence damages will accordingly differ significantly from each other depending on individual circumstances involved therein.

Thankfully at Carlson Bier our competent team of personal injury lawyers prides themselves on delicately handling such distressing situations with utmost sensitivity yet dogged determination thereby championing your cause until justice is met.

Above mentioned facts clearly indicate, pursuing a wrongful death case can be quite complicated and convoluted without proper legal representation. It involves multifarious complexities that demand an experienced hand to guide you through this judicial labyrinth aiming for best possible conclusion in every situation.

Engaging Carlson Bier’s Personal Injury Attorney Group ensures zealous advocacy on your behalf. Our team is dedicated to bring light into your life when embroiled in such disheartening circumstances. To navigate these complex waters of Illinois law, it has always been our mission to provide value-driven services with client centricity at its core making us the reliable choice for those entrapped in tribulation.

In closing, no amount of financial compensation can replace your dear departed ones but by availing yourself of skilled legal assistance like ours certainly alleviates some burdens giving you much needed respite so dearly desired during these testing times; enabling therefore a restoration process towards normalcy henceforth from such devastated lives. We wholeheartedly invite you to click on the button below and reach out today – let us help determine what compensation might be available for you under Illinois statutory provisions providing reclamation over wrongful deaths inflicted upon family members. Let Carlson Bier guide you down path of obtaining rightful restitution thus honoring legacy left behind by loved one(s) wrongly severed from earthly existence.

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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 Upper Alton

Areas of Practice in Upper Alton

Two-Wheeler Mishaps

Dedicated to legal representation for victims injured in bicycle accidents due to other parties' lack of care or unsafe conditions.

Burn Traumas

Supplying skilled legal support for victims of grave burn injuries caused by mishaps or recklessness.

Clinical Negligence

Delivering specialist legal services for individuals affected by healthcare malpractice, including medication mistakes.

Goods Obligation

Handling cases involving defective products, supplying skilled legal services to victims affected by product-related injuries.

Aged Mistreatment

Advocating for the rights of elders who have been subjected to malpractice in senior centers environments, ensuring restitution.

Slip and Tumble Accidents

Specialist in handling trip accident cases, providing legal services to victims seeking redress for their damages.

Birth Traumas

Providing legal assistance for families affected by medical misconduct resulting in childbirth injuries.

Motor Incidents

Crashes: Focused on aiding individuals of car accidents obtain fair settlement for damages and harm.

Motorbike Accidents

Dedicated to providing legal services for bikers involved in bike accidents, ensuring justice for losses.

Trucking Collision

Ensuring professional legal assistance for victims involved in lorry accidents, focusing on securing fair recompense for injuries.

Construction Site Crashes

Committed to supporting employees or bystanders injured in construction site accidents due to safety violations or recklessness.

Neurological Damages

Specializing in delivering professional legal support for clients suffering from cerebral injuries due to negligence.

Canine Attack Injuries

Expertise in managing cases for clients who have suffered injuries from dog attacks or creature assaults.

Cross-walker Collisions

Committed to legal representation for pedestrians involved in accidents, providing effective representation for recovering restitution.

Unfair Death

Fighting for loved ones affected by a wrongful death, delivering caring and professional legal support to ensure compensation.

Neural Impairment

Focused on supporting clients with spine impairments, offering dedicated legal assistance 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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