Wrongful Death Attorney in Urbana

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About Carlson Bier Associates

When facing the unimaginable loss of a loved one due to wrongful death, you deserve compassionate and experienced representation to guide you through your legal journey. This is when Carlson Bier steps in. Our team of dedicated attorneys specialize in Wrongful Death cases, offering expertise drawn from years of successfully advocating for our clients in Illinois. We consider every detail meticulously, ensuring that no question goes unanswered as we fight diligently for the justice and compensation that your family deserves. Such comprehensive attention guarantees personalized strategies unique to each case’s needs—a mark of quality reflective of Carlson Bier lawyers’ dedication. Our firm’s understanding extends far beyond simple laws; we understand grief entails more than just legal ramifications—it also carries emotional weight which demands empathy and respect from any representative handling your case—qualities intrinsic at Carlson Bier’s core values—making us an ultimately fitting choice to handle such sensitive matters delicacy whilst maintaining utter transparency during proceedings with utmost regard towards preserving dignity at all costs.

About Carlson Bier

Wrongful Death Lawyers in Urbana Illinois

At Carlson Bier, we understand that dealing with the wrongful death of a loved one can be an emotionally draining ordeal. To ease your burden during these difficult times, we offer our expertise in personal injury law to help you seek justice.

Wrongful death is, essentially, when a person loses their life due to the negligent or reckless actions of another individual or entity. In such instances, the survivors who suffered monetary injury as a result are entitled to file a lawsuit for ‘wrongful death’ against those responsible. Here in Illinois, some typical examples of cases leading to wrongful deaths could include car accidents caused by drunk drivers; medical malpractice resulting in fatalities; fatal occupational injuries precipitated by faulty equipment and products causing people’s deaths due to manufacturing faults.

As advocates of bereaved families deserving compensation and justice for their avoidable loss, we at Carlson Bier meticulously examine each case for its distinct merits. From performing thorough investigations into where liability lies to thoroughly researching precedents applicable under state laws concerning wrongful death suits – our skilled team commits wholly to crafting robust litigation strategies aimed at achieving rightful reparation for each client.

It is crucially significant about judicial proceedings aligned with wrongful deaths is demonstrating proof – proving that the defendant had breached his duty towards maintaining safety practices which directly led to obliteration proves pivotal within verdicts hereunder:

• Determining the affected individuals (Decedent): The fact that there must have been avoided but happened fatality owing primarily because defendant acted negligently gets examined critically.

• Proving Negligence: The plaintiff must illustrate how specifically defendant’s irresponsibility brought upon this untimely demise.

• Establishment of surviving family members as rightful heirs: They need proving being actual dependants on decedent’s earnings while he lived.

A successful claim may result in damages awarded for lost wages from the deceased person—particularly if they were primary wage earners—loss of companionship or support experienced by the surviving relatives, medical, and funeral expenses related to death.

Navigating through a wrongful death case alone can be daunting. That’s where Carlson Bier comes in; we zealously defend your rights as well as guide you every step of the way – from the time of consultation until the verdict is out. We empathetically tailor our legal services keeping family considerations at heart while forming client communication dynamics too because we understand that this litigation stipulates more than just financial reprisal; it hints at seeking closure, yearning for justice over unmerited loss caused unjustly.

At Carlson Bier, we are deeply committed to taking on wrongful death cases with an unwavering sense of dedication backed by experienced legal prowess because no one should have to go through such a trying ordeal unsupported.

If you believe that your loved one’s death was caused due to another individual or entity’s reckless or negligent action—please contact us immediately. Remember––time is essential in these cases due to statutes of limitations. Delaying to file could potentially weaken any claims you might have for compensation rightfully belonging to you and your family.

We invite those who’ve lost a loved one wrongfully meet us for a discussion about their circumstances without obligation––click on the button below today and learn how much their case might be worth within Illinois state law constraints. Our vow assures quality representation side-by-side warm support during this challenging stage remembered always right here at Carlson Bier: Helping families find endeavor getting wronged ones’ justice delivered worthwhile enough inspiring resilient record founders formulated spreading along course years expanded practice areas counting each favor client satisfactorily beyond norms affirm watermark profession!

Please bear emblematically closest when confronting sorrow remembering ability turning untoward outcomes favorably around repercussions mere relief monetarily but witnessing strength standing against odds finally rising victorious endearing sentiment although doesn’t fill void left yet imparts comfort small measure achieves respite momentarily knee-deep tears grief holds steady helping reach horizon obscured path ahead, rightfully granted riding merciless deep seas turbulence bearing on Carlson Bier lie shoulders strong even weak knees asserting pronouncedly forever!

Your fight is our endeavor; let us shoulder your burden while you focus on healing. Secure the legal solution you deserve––click the button below today to find out how much your case may be worth within Illinois laws.

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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 Urbana

Areas of Practice in Urbana

Bicycle Crashes

Dedicated to legal advocacy for victims injured in bicycle accidents due to other parties' recklessness or unsafe conditions.

Thermal Damages

Extending expert legal help for victims of intense burn injuries caused by events or carelessness.

Clinical Incompetence

Ensuring experienced legal representation for victims affected by hospital malpractice, including surgical errors.

Items Fault

Managing cases involving dangerous products, providing professional legal assistance to customers affected by harmful products.

Geriatric Neglect

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

Tumble and Trip Occurrences

Specialist in managing fall and trip accident cases, providing legal support to victims seeking compensation for their injuries.

Neonatal Injuries

Providing legal guidance for kin affected by medical carelessness resulting in childbirth injuries.

Auto Mishaps

Mishaps: Dedicated to helping individuals of car accidents obtain appropriate payout for harms and losses.

Bike Collisions

Focused on providing legal support for victims involved in bike accidents, ensuring justice for losses.

18-Wheeler Accident

Ensuring adept legal services for drivers involved in big rig accidents, focusing on securing rightful recovery for harms.

Construction Site Crashes

Engaged in defending workers or bystanders injured in construction site accidents due to recklessness or recklessness.

Cerebral Injuries

Expert in ensuring professional legal services for persons suffering from neurological injuries due to misconduct.

Dog Attack Injuries

Proficient in managing cases for individuals who have suffered traumas from puppy bites or beast attacks.

Jogger Crashes

Specializing in legal representation for cross-walkers involved in accidents, providing professional services for recovering compensation.

Unjust Demise

Striving for relatives affected by a wrongful death, extending compassionate and skilled legal services to ensure compensation.

Neural Trauma

Dedicated to defending persons with spinal cord injuries, offering professional legal assistance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer