Wrongful Death Attorney in Vandalia

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About Carlson Bier Associates

When faced with the unbearable tragedy of a wrongful death, Carlson Bier stands as an unwavering beacon of hope for Vandalia’s residents. Our firm specializes in demanding accountability and achieving justice on behalf of those who have been wronged, offering unparalleled legal expertise coupled with compassionate understanding. As personal injury lawyers, we fully comprehend the depth of pain a wrongful death can inflict; its ripple effects are profound, affecting entire families or communities. At Carlson Bier, we harness our exceptional knowledge to navigate complex legal frameworks meticulously – ensuring your case is accorded rigorous investigation and comprehensive representation. Embodied by tireless dedication and relentless pursuit for justice, our attorneys’ record speaks volumes about their unyielding resolve to fight for clients’ rights relentlessly. The pillars upon which Carlson Bier builds each case are honesty and transparency; these allow us not only to uphold your trust but deliver outcomes that surpass expectation continuously thus solidifying why they remain the cornerstone consideration when seeking a resilient Wrongful Death Attorney Network in Illinois.

About Carlson Bier

Wrongful Death Lawyers in Vandalia Illinois

At Carlson Bier, our dedicated and compassionate team specializes in personal injury law with a focus on cases involving wrongful death. Saddled with the responsibility of aiding those affected by life-altering incidents, we understand the complexities involved in such cases and use this expertise to navigate through matters of law pertaining to wrongful deaths. These unfortunate circumstances often engender not only emotional pain but also financial burdens due to medical bills, funeral expenses, and loss of income.

Wrongful death refers to situations where individuals die as a direct consequence of negligence, carelessness, or intentional actions inflicted by others. It’s an unsettling experience that necessitates proper legal attention for optimal resolution. When faced with these traumas, families are driven into trying times during which they need focused assistance from reliable experts versed in Illinois state laws governing wrongful deaths.

Legal action in such a circumstance aims at compensating for damages associated with the loss of loved ones. This can include:

• Medical costs incurred before demise

• Funeral & burial expenses

• Loss of anticipated future earnings

• Grief and sorrow

• Loss of companionship

In Illinois, compensation claims should be filed within two years following the incident; however it is better to initiate legal action promptly while evidence remains fresh.

Our goal at Carlson Bier is straightforward: demand justice and advocate relentlessly for your rights. Wrongful death litigation may never replace your loss but it does provide closure while financially safeguarding you during these taxing moments. We bring forward empathy blended with professionalism every step along the path towards rightful compensation.

To determine liability in a wrongful death ordeal involves presenting adequate proof that negligence or direct harm led directly to the untimely passing away. Here’s where we come into play –we conduct thorough investigations powered by immense diligence backed with tactful resources…all while circumventing placing extra burden on grieving parties.

We embrace collaboration—working tirelessly alongside experts like accident reconstructionists—to succinctly elucidate on the act of negligence perpetrated. For us, every case is unique and we strive to offer personalized solutions that update you regularly on the progress made while maintaining confidentiality.

Additionally, Carlson Bier prides itself in offering contingency-based services – this means that our remuneration comes solely from successfully won settlements or verdicts. Our commitment transcends compensation and focuses primarily on ensuring clients’ rights are upheld fittingly within the law’s prescripts.

We invite you to witness firsthand how our proficiency, pooled with a wealth of experience garnered over years litigating wrongful death cases across Illinois, can make a substantial difference following your moment of loss. It’s natural to feel overwhelmed by legal processes during periods marked with emotional pain. Allow Carlson Bier to shoulder some of those burdens as your trusted personal injury lawyer team.

A call away…an email away—your first step towards acquiring justice starts with reaching out to us today. Let’s help you seek rightful resolution through appropriate channels – because at Carlson Bier, we believe that no family should grapple alone with aftermaths of preventable losses caused by others’ neglect or intentional harm.

Remember that it’s not just about initiating legal action but also about getting fair compensation commensurate to the loss suffered. Click the button below for an evaluation on what your case could be worth and take the first step toward rebuilding after such a tragic event. At Carlson Bier ordinary people get extraordinary results!

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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 Vandalia

Areas of Practice in Vandalia

Cycling Collisions

Focused on legal representation for clients injured in bicycle accidents due to negligent parties' negligence or unsafe conditions.

Thermal Wounds

Supplying specialist legal assistance for sufferers of grave burn injuries caused by occurrences or indifference.

Hospital Malpractice

Delivering specialist legal services for victims affected by clinical malpractice, including surgical errors.

Commodities Responsibility

Taking on cases involving defective products, offering specialist legal assistance to victims affected by product malfunctions.

Senior Misconduct

Protecting the rights of seniors who have been subjected to mistreatment in senior centers environments, ensuring justice.

Slip & Trip Mishaps

Professional in managing fall and trip accident cases, providing legal support to individuals seeking justice for their losses.

Newborn Traumas

Delivering legal help for families affected by medical negligence resulting in newborn injuries.

Auto Incidents

Incidents: Dedicated to supporting clients of car accidents obtain reasonable remuneration for damages and damages.

Motorcycle Collisions

Committed to providing legal assistance for bikers involved in two-wheeler accidents, ensuring just recovery for damages.

Big Rig Accident

Extending specialist legal representation for drivers involved in big rig accidents, focusing on securing rightful recovery for losses.

Construction Site Crashes

Focused on assisting laborers or bystanders injured in construction site accidents due to carelessness or misconduct.

Brain Traumas

Focused on ensuring dedicated legal advice for persons suffering from neurological injuries due to accidents.

Dog Bite Wounds

Proficient in tackling cases for clients who have suffered traumas from K9 assaults or wildlife encounters.

Foot-traveler Mishaps

Committed to legal support for foot-travelers involved in accidents, providing comprehensive support for recovering recovery.

Unjust Loss

Working for families affected by a wrongful death, offering caring and skilled legal representation to ensure fairness.

Spinal Cord Harm

Specializing in supporting individuals with paralysis, offering dedicated legal assistance to secure justice.

Contact Us Today if you need a Person Injury Lawyer