Wrongful Death Attorney in Warrensburg

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About Carlson Bier Associates

When tragedy strikes and a loved one’s life is unjustly taken away, navigating the complex legal landscape can be daunting. In such challenging moments, Carlson Bier stands as a beacon of support to Warrensburg residents— offering top-tier Wrongful Death representation that prioritizes your peace of mind. Our highly experienced team has developed expertise through countless successful cases in Illinois. We work tirelessly to hold responsible parties accountable, ensuring justice for your lost beloved and restitution for your family’s financial burdens. At Carlson Bier, it’s not just about seeking compensation; it’s about restoring hope amidst pain and loss by fighting vigorously for what is rightfully yours under the law. And while our firm may represent clients across Illinois state lines, rest assured Warrensburg families receive our absolute focus with respect to wrongful death matters—just another testament to why we remain unrivalled in this specific area of practice within the region—even without maintaining physical offices here.. With us on your side during such testing circumstances—you’ve made an unquestionably wise choice.

About Carlson Bier

Wrongful Death Lawyers in Warrensburg Illinois

At Carlson Bier, we understand the devastating impact a wrongful death can have on both the individual and their family. With vast experience handling such cases in Illinois, we aim to guide you through this challenging process with compassion and legal expertise. When you lose a beloved one due to another party’s negligence or intentional harm, it’s termed as “wrongful death”. Its effects reverberate beyond the emotional realms; financial impacts such as funeral costs, loss of earnings amongst others often follow suit.

As stalwarts in representing clients dealing with wrongful death cases, our personal injury lawyers at Carlson Bier take up strenuous tasks for your relief – let us manage intricate legal procedures while you focus on grieving and healing. Such cases may arise from various scenarios including, but not limited to motor vehicle accidents, medical malpractice or even tragic construction site mishaps.

Navigating a wrongful death claim isn’t only about understanding complex legal terms – it requires great empathy too. And this is precisely what we offer at Carlson Bier; an empathetic shoulder topped with resourceful knowledge to steer your case towards success. To ensure everyone can grasp these rudiments of wrongful death claims in Illinois law, here are some key notes that might assist:

• Quick Action: It’s crucial not to delay taking action once faced with a potential wrongful death claim scenario. According to Illinois law limitations set forth under 740 ILCS 180/, there’s generally a two-year window from death date towards filing any valid lawsuit.

• Proving Fault: The burden of proof lies upon the plaintiff (you). Your attorney needs to demonstrate convincingly that the defendant caused your loved one’s untimely demise out of negligence or deliberate intent.

• Damages Compensation: A successful claim might seek damages covering lost earnings (if dependant), grief/sorrow/mental suffering experienced by surviving immediate family members + necessary medical and burial expenses.

To further benefit from our wealth of knowledge, a Carlson Bier wrongful death attorney will carefully evaluate your case and advise on the rightful course of action. We understand how emotionally trying this process can be – our goal is to supply not only effective legal services but also give you room to mourn without worrying about complicated litigation.

As personal injury attorneys based in Illinois, we are well-versed in local laws and legal procedures. Unlike other firms, we don’t shy away from tough battles or challenging odds. Our outstanding track record proves testament to our relentless pursuit for justice, with significant compensation settlements under our belt won for clients who found themselves under similar circumstances like yours.

Best of all? You get an initial consultation absolutely free at Carlson Bier. If anything sounds confusing throughout this journey that is fraught with emotional turmoil, do not hesitate – simply reach out! Your inquisitive mind deserves answers before committing towards any major decision as critical as a wrongful death lawsuit claim.

Remember: Wrongful deaths aren’t just mere accidents; they’re devastating realities where one’s pain shouldn’t go unnoticed nor uncompensated. Every loss matters and so does every sigh of strain resulting from it – let Carlson Bier champion your cause within Illinois’ boundaries while promising superior professional expertise coupled with heartfelt empathy.

It’s never an easy road dealing with a wrongful death scenario , but bear in mind you’re not alone. At Carlson Bier, we take pride in guiding individuals like yourself through the inner workings of such cases while tirelessly fighting for the justice that each life lost prematurely inherently deserves.

Curious about what’s in it specifically for you? Here’s your chance to connect personally with us today by clicking on the button below – find out just how much your specific case might be worth in terms of fair compensation under Illinois state law provisions. Pursue what rightly belongs to yours against all odds – Start by knowing what entitlements could potentially knock at your doorstep soon!

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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 Warrensburg

Areas of Practice in Warrensburg

Cycling Accidents

Focused on legal support for people injured in bicycle accidents due to responsible parties' indifference or risky conditions.

Thermal Traumas

Offering adept legal help for victims of major burn injuries caused by accidents or misconduct.

Clinical Malpractice

Extending specialist legal support for patients affected by healthcare malpractice, including medication mistakes.

Commodities Obligation

Managing cases involving faulty products, providing specialist legal support to consumers affected by faulty goods.

Nursing Home Abuse

Supporting the rights of nursing home residents who have been subjected to malpractice in elderly care environments, ensuring justice.

Slip and Slip Occurrences

Specialist in managing trip accident cases, providing legal assistance to persons seeking recovery for their harm.

Birth Traumas

Providing legal assistance for relatives affected by medical carelessness resulting in childbirth injuries.

Motor Collisions

Mishaps: Devoted to supporting individuals of car accidents gain reasonable payout for wounds and destruction.

Motorbike Mishaps

Committed to providing representation for bikers involved in motorbike accidents, ensuring fair compensation for losses.

Truck Mishap

Ensuring expert legal advice for individuals involved in semi accidents, focusing on securing just recovery for losses.

Building Incidents

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

Neurological Impairments

Focused on ensuring dedicated legal advice for patients suffering from head injuries due to carelessness.

Canine Attack Harms

Expertise in addressing cases for individuals who have suffered traumas from puppy bites or wildlife encounters.

Jogger Crashes

Focused on legal services for joggers involved in accidents, providing dedicated assistance for recovering claims.

Unjust Fatality

Working for grieving parties affected by a wrongful death, extending caring and skilled legal assistance to ensure compensation.

Spinal Cord Trauma

Expert in supporting clients with spinal cord injuries, offering specialized legal representation to secure justice.

Contact Us Today if you need a Person Injury Lawyer