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Wrongful Death Attorney in Wapella

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About Carlson Bier Associates

When tragedy strikes in Wapella, Carlson Bier is the trusted legal advocate you need for any wrongful death cases. With deep-seated expertise in personal injury law, our firm is relentless about pursuing justice for your loved one’s untimely demise. Our knowledge of Illinois laws allows us to navigate through complex litigation processes with precision and grace on your behalf. As a result, we are adept at ensuring that insurance companies accord you the full compensation due to you; money will never replace a life lost but can certainly bring comfort amidst grief and uncertainty. At Carlson Bier, we prioritize compassion as much as legal skill – understanding that behind every case looms heartbreak needing gentle handling even while fighting fiercely for your rights in court. Entrust us with giving voice to the silent victim of wrongful death – We marshal expert resources against parties responsible, holding them accountable so closure becomes possible finally then healing can commence gradually over time. Choose Carlson Bier: Experienced advocacy when it matters most.

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About Carlson Bier

Wrongful Death Lawyers in Wapella Illinois

Welcome to Carlson Bier, your go-to personal injury attorney group in Illinois. With a deep commitment and dedication, we specialize in handling Wrongful Death cases. This type of suit arises when a person is killed due to someone else’s negligence or misconduct. The bereaved dependents or beneficiaries can pursue these civil actions against the individual responsible for the wrongful death.

One may ask, what constitutes Wrongful Death? Fundamentally, it involves situations where a victim who would otherwise have a personal injury claim dies due to another party’s legal fault. Some typically encountered scenarios include medical malpractice leading to decedent’s death, automobile or airplane accident fatalities caused by another’s negligent behavior, or even criminal behavior that causes death.

• Negligence: If the wrongdoer’s reckless or careless act leads to an individual’s death.

• Medical Malpractice: If an improper medical practice results in unexpected death.

• Deliberate killing: A lawsuit might be brought by survivors against anyone proved guilty of deliberate homicide.

These are indeed serious considerations requiring proficient legal representation.

As one navigates through this challenging process with Carlson Bier you will find our attorneys deliver comprehensive support. They closely work alongside clients every step of the way to ensure their rights are safeguarded while obtaining deserving compensation. We understand monetary damages could never make up for the loss of life; however, they alleviate any financial worries associated with this terrible tragedy.

What does one gain from filing lawsuit related to wrongful deaths? Financial recovery generally includes:

• Lost earnings from deceased persons

• Expected future income which deceased would likely have earned if enjoyed a normal lifespan

• Non-monetary benefits like affection and companionship from deceased persons

With extensive litigation experience and profound understanding of Illinois State laws surrounding Wrongful Death claims , we at Carlson Bier leave no stone unturned in securing justice for affected victims’ families and loved ones.

Navigating narratives surrounding unwanted demise may be distressing and convoluted – confronting irresponsible individuals can be overwhelming too. The importance of having a trustworthy, skilled legal team standing by your side couldn’t be emphasized more. With profound practical knowledge and understanding, our dedicated lawyers will leave no avenue unexplored to bring you mindful legal counsel and support during this strenuous time.

Remember, your loss is not just personal but also has far-reaching financial repercussions which reinforces the necessity for prompt action. Timeliness plays an essential role in these cases as Illinois laws only offer a restricted time frame within which one can file for wrongful death claims. Our attorneys will guide you through this process while ensuring stringent adherence to stipulated deadlines.

Whether you’ve already decided to move forward with a wrongful death claim or are still unsure of your next steps – we’re here for you. Allow us aid in answering all your questions and guide you through this complex process. We strive to assure that families affected by unexpected loss of their loved ones receive maximum compensation under Wrongful Death laws prevalent in Illinois.

At Carlson Bier, we comprehend the importance of representation that involves not only superior legal knowledge but also encompasses empathy and compassion. Drawing from thorough appreciation of statutes surrounding Wrongful Death case scenarios alongside decades-long experience fighting those cases on behalf of grieving clients– entrust us at Carlson Bier with decoding complexities entailed with establishing liability, interpreting intricate regulations & tirelessly working towards safeguarding your rights alongside securing lawful acknowledgement for losses suffered.

As every case is distinct in nature, it’s important to understand the worth of yours specifically , alongside determining possible damages receivable thereby empowering towards gaining rightful justice and deserving closure . Click on the button below now to discover more about what your case could potentially stand entitled to – being well-informed never goes out of style! Come join the happy ranks whose lives have been made better by connecting with the experts at Carlson Bier.

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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 Wapella

Areas of Practice in Wapella

Two-Wheeler Collisions

Specializing in legal advocacy for persons injured in bicycle accidents due to others's negligence or unsafe conditions.

Scald Traumas

Providing specialist legal advice for sufferers of grave burn injuries caused by events or recklessness.

Healthcare Malpractice

Providing experienced legal support for victims affected by physician malpractice, including misdiagnosis.

Items Obligation

Handling cases involving faulty products, extending adept legal guidance to individuals affected by harmful products.

Elder Misconduct

Advocating for the rights of aged individuals who have been subjected to misconduct in aged care environments, ensuring protection.

Fall and Slip Injuries

Specialist in managing fall and trip accident cases, providing legal assistance to individuals seeking compensation for their harm.

Birth Injuries

Extending legal help for families affected by medical negligence resulting in infant injuries.

Car Accidents

Collisions: Devoted to helping victims of car accidents secure equitable payout for injuries and destruction.

Scooter Collisions

Committed to providing legal advice for bikers involved in bike accidents, ensuring rightful claims for damages.

Semi Mishap

Ensuring specialist legal support for individuals involved in big rig accidents, focusing on securing rightful recovery for losses.

Building Site Incidents

Dedicated to assisting workers or bystanders injured in construction site accidents due to carelessness or misconduct.

Cognitive Injuries

Specializing in offering dedicated legal assistance for individuals suffering from brain injuries due to accidents.

Canine Attack Wounds

Skilled in managing cases for individuals who have suffered harms from dog bites or animal assaults.

Foot-traveler Incidents

Dedicated to legal representation for joggers involved in accidents, providing expert advice for recovering damages.

Unwarranted Passing

Working for families affected by a wrongful death, providing sensitive and expert legal support to ensure restitution.

Backbone Damage

Specializing in representing clients with vertebral damage, offering expert legal services 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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