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Wrongful Death Attorney in Utica

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About Carlson Bier Associates

When navigating the aftermath of a tragic loss, Carlson Bier is your trusted ally. As leading Wrongful Death attorneys in Illinois, our reputation is rooted in years of experience and countless victories. Every life holds incalculable value; when that life succumbs due to another individual or entity’s negligence, justice must prevail. Your choice of representation should be firm, relentless – a beacon amid uncertainty.

Carlson Bier exemplifies such qualities with an unparalleled commitment to each client we serve. Why are we the quintessential consideration for your situation? Besides providing personalized strategies to complex legal matters, it’s our proven track record that empowers families seeking repercussion for their untimely sorrow. We comprehend that no compensation can replace your loved one; nevertheless, positioning yourself with a formidable force like Carlson Bier ensures you receive the resources needed while honoring those tragically lost.

Ever mindful of maintaining respect and dignity throughout ongoing litigation processes simultaneously demonstrates why Carlson Bier remains at the pinnacle within Illinois’ legal community.

Trust us today as we navigate this difficult journey together- because every wrong deserves rightful closure.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Utica Illinois

Hailing from the esteemed corridors of Illinois in the United States, we at Carlson Bier pride ourselves as experienced and reliable personal injury attorneys. Our legal expertise is deeply rooted in safeguarding your rights and ensuring justice prevails when you or a loved one experiences an unfortunate event leading to personal injury or wrongful death.

Wrongful death is explained as a causality that results from another party’s negligence or malfeasance. This can occur due to numerous scenarios such as car accidents, medical errors, workplace mishaps, amongst other unfortunate incidents. Understanding how complex grieving might be during these trying times is crucial – but equally essential is understanding that wrongful deaths warrant lawful attention.

• Responsibilities: It primarily lies with the direct family (parents, spouse) to act on behalf of their deceased kin and initiate proceedings for a wrongful death lawsuit.

• Proof: For any successful claim, exhibiting evidence showing how negligence or intent by another party led to the untimely demise becomes paramount.

• Deadline: Often overlooked but it’s crucial to start legal proceedings within two years from the date of death; this timeframe applies for almost all circumstances related to wrongful deaths in Illinois.

Navigating through this arduous process while dealing with loss requires assistance throughout every stage, thereby highlighting the criticality of choosing experienced counsel like us – Carlson Bier. As your chosen attorneys armed with comprehensive understanding alongside empathy for your ordeal, we will work diligently towards investigating details around prematurely losing your cherished one. Further action would then aim at establishing proof where misconduct by another party led directly/indirectly towards triggering this incident – subsequently presenting our arguments in courtrooms coastered across Illinois’ geography.

However bewildering this journey may appear initially there are proven ways through which rightful reparations could range anywhere between amounts clocked under five-figures extending northwards exceeding millions depending upon circumstantial peculiarities attached uniquely with each case granting reasonable compensation for:

• Losses centered around income and benefits

• Expenses related to funerals, burials, and memorial services

• Effects concerning grief or loss of companionship

• Non-tangible factors such as torment caused due to their premature departure

We understand each wrongful death claim is unique. At Carlson Bier, our decades-long collective journey in Illinois’s personal injury law terrain has blessed us with the ability to develop tailored strategies that maximize compensation veterans suffering due to unforeseen scenarios revolving around wrongful deaths.

As deeply insightful attorneys at Carlson Bier, we act on your behalf, aggressively yet empathetically pursuing justice for you while keeping lines of communication transparent every step of this process. Alongside ensuring factual accuracies pertaining to details gathered during the process – we aim at assisting your journey using cohesive understanding stemming from a rich knowledge-base accumulated over time within these realms; thus aligning closely with requirements attached underlaws enumerated by Illinois local government authorities ruling out possibilities where Carlson Bier could be misunderstood as an operation centric outside Illinois borders.

Taking those crucial next steps towards reconciliation may appear strenuous but remember that grieving is part of healing; reaching out shouldn’t ever be perceived or portrayed otherwise. We encourage taking a moment more under deciding how much your case would potentially weigh, clicking on the button below enabling us to determine reasonable compensation entitled against damages suffered. Letting us tackle legal intricacies sketched across Illinois’ territories might just grant ways offering lighter days willing some closure trailing behind dark memorabilia linked unfortunately with losing someone important quite prematurely.

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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 Utica

Areas of Practice in Utica

Bike Accidents

Expert in legal support for people injured in bicycle accidents due to others's carelessness or dangerous conditions.

Thermal Traumas

Giving expert legal assistance for sufferers of major burn injuries caused by events or misconduct.

Medical Malpractice

Extending professional legal representation for patients affected by healthcare malpractice, including medication mistakes.

Commodities Fault

Dealing with cases involving faulty products, supplying adept legal help to individuals affected by harmful products.

Senior Neglect

Defending the rights of elders who have been subjected to neglect in aged care environments, ensuring protection.

Slip & Stumble Occurrences

Adept in dealing with trip accident cases, providing legal support to individuals seeking recovery for their suffering.

Birth Wounds

Extending legal aid for kin affected by medical negligence resulting in neonatal injuries.

Automobile Collisions

Accidents: Committed to assisting clients of car accidents secure equitable payout for injuries and destruction.

Bike Crashes

Dedicated to providing legal assistance for individuals involved in scooter accidents, ensuring justice for traumas.

18-Wheeler Mishap

Delivering experienced legal advice for individuals involved in big rig accidents, focusing on securing just settlement for damages.

Worksite Incidents

Dedicated to assisting staff or bystanders injured in construction site accidents due to oversights or negligence.

Cerebral Injuries

Focused on extending expert legal advice for patients suffering from head injuries due to carelessness.

Dog Attack Wounds

Skilled in addressing cases for people who have suffered harms from dog bites or creature assaults.

Cross-walker Collisions

Dedicated to legal assistance for walkers involved in accidents, providing professional services for recovering compensation.

Unfair Demise

Striving for bereaved affected by a wrongful death, delivering understanding and expert legal support to ensure redress.

Backbone Damage

Focused on defending clients with backbone trauma, offering specialized legal guidance to secure compensation.

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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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