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Wrongful Death Attorney in Viola

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About Carlson Bier Associates

When faced with the deep anguish of a lost loved one due to wrongful death, there’s an immediate need for reliable and compassionate legal expertise. Carlson Bier delivers this in abundance. This accomplished law firm, specializing comprehensively in Wrongful Death cases provides committed representation and meticulous attention to detail unique in its approach. Understanding that every case brings distinct complexities, they’ve cultivated a reputation as resolute advocates relentlessly seeking justice for their clients and providing unwavering support during these arduous journeys. What truly sets them apart is their acumen at effectively navigating Illinois’ intricate laws surrounding wrongful deaths thereby ensuring maximum compensation for survivors’ loss. Aligning with Carlson Bier dictates engaging skilled attorneys highly proficient in evaluating all facets of your unique situation utilizing strategic methodologies yielding optimal outcomes underpinned by integrity and respectful handling of sensitive circumstances; critically important criteria when seeking the best legal representation within challenging times such as these at any corner throughout Illinois including Viola.

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About Carlson Bier

Wrongful Death Lawyers in Viola Illinois

At Carlson Bier, we specialize in assisting individuals who have suffered through the devastating experience of losing a loved one due to wrongful death. Known for our tenacious and compassionate approach, our Illinois-based law firm stands strong with family members left behind by such tragic occurrences.

Wrongful death cases can often be complex and emotionally exhausting. Our seasoned team at Carlson Bier strives to ensure that each client understands what wrongful death entails and how it’s legally regarded within the state of Illinois. Recognized as occurring when an individual dies due to someone else’s negligent or intentional actions, wrongful deaths may be caused by various incidents including motor vehicle accidents, slip-trip-and-fall situations, medical malpractice or even defective products.

Here are some key points about wrongful death:

• It must be proven that the defendant had a duty of care towards the deceased.

• Evidence must exist showing that this duty was breached resulting in death.

• The surviving dependents or beneficiaries should have incurred monetary damages due to the loss.

Furthermore, compensation tied to wrongful death claims consists of multiple components. These may include funeral expenses and lost potential income. Furthermore, families may also receive compensation for grief, sorrow, or mental suffering experienced from abrupt loss. At Carlson Bier we understand that no amount of financial reparation can fully compensate for your lost loved one; however, it is our mission to help alleviate any unnecessary burdens brought on by their untimely demise so you can focus on healing.

Navigating through these legal intricacies demands expertise. We pride ourselves in not only offering top-notch legal representation but also serving as compassionate friends dedicated to helping survivors cope during those unbearable moments. We believe that quality legal assistance involves more than just knowing the law – it requires understanding people and recognizing their needs during times marked by emotional upheaval.

Not only does trust matter once proceedings commence but maintaining transparency throughout underpins everything we do at Carlson Bier – from discussing case progress to outlining possible outcomes.

At Carlson Bier, we know that compassionate support and comprehensive legal representation matters. Therefore, we offer a no-obligation, free consultation to examine your unique situation and begin setting an optimal course of action together.

We invite you to explore the full suite of our services available for those involved in wrongful death claims in Illinois. It’s essential to ensure that your rights are protected after such a devastating event – let us help take the legal burden off your shoulders and fight for justice on behalf of your loved one.

Step forward with confidence knowing that you have the committed professionals from Carlson Bier by your side; those who aren’t just dedicated but also possesses the competence necessary to pursue maximum compensation within these complex wrongful death cases.

Discovering exactly how much compensation may be obtained from your specific case allows for strategic planning as you proceed. Finding out this critical information is straightforward – simply click on the button below which will guide you through a simple, user-friendly process culminating in revealing what potential settlement may await at the conclusion of your case. We look forward to helping you navigate this challenging chapter with compassion, dignity, and expertise.

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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 Viola

Areas of Practice in Viola

Bicycle Mishaps

Specializing in legal assistance for individuals injured in bicycle accidents due to responsible parties' carelessness or dangerous conditions.

Burn Wounds

Giving skilled legal advice for patients of intense burn injuries caused by occurrences or indifference.

Clinical Misconduct

Extending professional legal assistance for persons affected by hospital malpractice, including surgical errors.

Items Accountability

Dealing with cases involving unsafe products, offering expert legal support to customers affected by product malfunctions.

Aged Neglect

Defending the rights of elders who have been subjected to neglect in senior centers environments, ensuring justice.

Tumble & Trip Occurrences

Specialist in tackling slip and fall accident cases, providing legal representation to victims seeking redress for their damages.

Neonatal Wounds

Offering legal help for loved ones affected by medical negligence resulting in infant injuries.

Auto Incidents

Collisions: Focused on assisting victims of car accidents gain fair settlement for hurts and impairment.

Motorbike Accidents

Focused on providing representation for individuals involved in scooter accidents, ensuring rightful claims for damages.

Truck Mishap

Extending adept legal advice for clients involved in trucking accidents, focusing on securing rightful claims for losses.

Building Collisions

Committed to defending workmen or bystanders injured in construction site accidents due to safety violations or recklessness.

Neurological Damages

Specializing in extending dedicated legal support for persons suffering from cerebral injuries due to misconduct.

Dog Attack Traumas

Adept at tackling cases for victims who have suffered damages from dog bites or animal assaults.

Cross-walker Mishaps

Focused on legal advocacy for cross-walkers involved in accidents, providing effective representation for recovering claims.

Unwarranted Passing

Fighting for families affected by a wrongful death, delivering caring and adept legal guidance to ensure fairness.

Spine Damage

Dedicated to supporting individuals with paralysis, offering specialized legal representation to secure redress.

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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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