Wrongful Death Attorney in Warren

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About Carlson Bier Associates

When dealing with the tragic aftermath of a wrongful death, you want legal representation that honors your loss and seeks justice fervently. Look no further than Carlson Bier; we specialize in Wrongful Death cases, providing responsive and compassionate support throughout the litigation process. As seasoned attorneys operating extensively in Warren, our team isn’t just renowned for their excellence but is synonymous with steadfast commitment toward clients’ rights. We bring years of experience to bear as we meticulously examine every detail of your case while advising strategically on the best course of action moving forward. At Carlson Bier, we deeply respect each individual’s uniqueness; hence, customize an approach tailored specifically to suit your situation’s demands – advocating tirelessly until justice prevails for you or your loved one lost due to negligence or foul play. With us at helm in these challenging circumstances, rest assured knowing that mansuetude accompanies professional tenacity leading towards powerful representation.

About Carlson Bier

Wrongful Death Lawyers in Warren Illinois

At the distinguished law firm of Carlson Bier, our seasoned personal injury attorneys possess profound knowledge and deep understanding of wrongful death claims. Wrongful Death is a legal concept involving a person who dies due to another’s negligence or intentional action. This specialized area of Personal Injury Law can be intricate and emotionally charged; it’s pivotal to understand specific aspects when confronted with such unfortunate circumstances.

• A wrongful death claim is different from other types of personal injury claims because the actual victim (the “decedent”) cannot bring his or her own lawsuit. Instead, it is up to a representative acting on behalf of survivors susceptible to harm from the decedent’s demise.

• Common events leading to wrongful death lawsuits include medical malpractice, car accidents, occupational exposure resulting in hazardous situations detrimental for health, criminal behavior, and various other forms of negligence.

• Usually enumerated as part of the plaintiffs in a wrongful death claim are immediate family members like spouses and children, albeit parents may sue over the death of unmarried children while relatives such as siblings or grandparents may also act claimants given certain conditions.

• Life partners, financial dependents, and even distant family members have usually been bestowed rights under state laws regarding filing suit for wrongful death proceedings.

Through Carlson Bier’s rich history representing clients grappling with excruciating loss due to wrongful deaths across Illinois necessitates our team espouse compassion alongside fierceness in getting you what you deserve. Every life emblemizes unmatched worth; hence we passionately insist on justice served conveniently relieving your procedural burden.

Our personal injury litigators deliver unparalleled expertise maneuvering these complicated lawsuits successfully securing substantial compensation on behalf of our clients navigating the turmoil ensuing loved ones’ fatal injuries. As stalwarts believing in absolute transparency coupled with strategic consultation we aim at rectifying devastations afflicted upon dependents inclusive but not limited negligent actions through:

• Compensation covering an array comprising lost wages previously earned by deceased aiding remaining surviving kin.

• Medical and funeral bills that survivors may be burdened with as a direct cause of the death.

• Mental agony through loss of companionship or consortium and this cannot be understated. The scope integral to consortium often extends beyond spousal relationships, reaching incapacitation of other family dynamic structures too.

Potential claimants should keep in mind is that wrongful death claims must be made within strict time limits. Illinois law stipulates that such cases generally have to be filed within two years from the date of death. However, there can often be exceptions depending on several factors so it’s pertinent to consult promptly with experienced legal counsel.

Carlson Bier reaches out extending its vast experience advising prospects entangled in wrongful death litigation throughout various cities across Illinois helping our clients find solace when they need it the most. Should you find yourself requiring proficient consultation for a potential wrongful death lawsuit, our seasoned attorneys are fully equipped lending paramount insight navigating these sensitive legal waters bringing your case to a successful conclusion.

Reading about wrongful death and understanding it through lived experiences are drastically deparate realities- we understand that! Let Carlson Bier empower you by asserting your rights leading towards conclusive justice forcing errant parties fulfilling compensatory obligations. Carefully calibrating your individual circumstances against impactful legalities involved rests paramount prompting us utilizing every available resource catering towards accelerated resolution fundamentally focused at relieving client’s stress while ensuring bountiful restitution.

Having sifted through extensive content fostering comprehensive comprehension around Wrongful Death remember, strive towards making learned decisions especially legally confronting turbulent situations like these manifesting into decisive actions onward. After all, knowledge remains powerful only coupled execution!

Upon thoroughly perusing enlightening information presented above dealing with unfortunate intricacies enveloping Wrongful Death if evaluations hint at rightful entitlement concerning compensation resorting suit compounded due your loved one’s untimely demise—don’t hesitate seeking professional assistance swiftly before vital time frames lapse risking potential compensation entitlements slipping away. We invite you to click on the button below immediately finding out how much your case might be worth; let Carlson Bier navigate you towards rightful restitution as Illinois’s top-tier legal aide fiercely staking justified claim at the earliest convenience!

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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 Warren

Areas of Practice in Warren

Bicycle Incidents

Specializing in legal support for individuals injured in bicycle accidents due to others's recklessness or unsafe conditions.

Fire Burns

Supplying expert legal support for sufferers of serious burn injuries caused by accidents or carelessness.

Clinical Incompetence

Providing specialist legal representation for clients affected by clinical malpractice, including wrong treatment.

Products Accountability

Dealing with cases involving defective products, providing specialist legal help to individuals affected by product malfunctions.

Senior Mistreatment

Supporting the rights of nursing home residents who have been subjected to misconduct in nursing homes environments, ensuring justice.

Stumble & Trip Mishaps

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

Newborn Injuries

Providing legal guidance for loved ones affected by medical malpractice resulting in newborn injuries.

Vehicle Mishaps

Incidents: Devoted to assisting clients of car accidents obtain appropriate recompense for wounds and damages.

Bike Crashes

Focused on providing legal services for individuals involved in bike accidents, ensuring adequate recompense for damages.

Semi Mishap

Ensuring professional legal assistance for individuals involved in trucking accidents, focusing on securing adequate claims for damages.

Construction Collisions

Engaged in supporting staff or bystanders injured in construction site accidents due to carelessness or carelessness.

Head Harms

Committed to ensuring specialized legal assistance for clients suffering from cerebral injuries due to accidents.

Canine Attack Injuries

Proficient in addressing cases for individuals who have suffered harms from puppy bites or wildlife encounters.

Foot-traveler Crashes

Specializing in legal representation for walkers involved in accidents, providing effective representation for recovering claims.

Unwarranted Fatality

Working for bereaved affected by a wrongful death, extending empathetic and experienced legal representation to ensure justice.

Spine Harm

Expert in advocating for individuals with spine impairments, offering specialized legal guidance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer