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Wrongful Death Attorney in Washburn

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About Carlson Bier Associates

If you’re seeking representation for a wrongful death case in Washburn, Carlson Bier is well-equipped to accommodate your requirements. Our team is comprised of seasoned professionals that excel in resolving complex disputes concerning wrongful deaths. Client satisfaction lies at the heart of our philosophy: when you partner with us, expect unwavering dedication and attentive customization towards your unique circumstances. We specialize delivering exemplary legal representation during such challenging times, persistently working towards achieving optimal outcomes on behalf of grieving families affected by a loved one’s untimely demise. With an exceptional track record within the jurisdiction, we set ourselves apart through rigorous preparation and thorough investigation into every detail surrounding your case; enhancing its position against any potential counterclaims or defenses while upholding justice as paramount throughout every stage of litigation process. Your peace-of-mind remains vital to us – thus we won’t rest until due compensation has been secured evidencing responsibility held by all negligent parties associated with unfortunate incident resulting in loss for surviving kinfolk. Choose Carlson Bier for tireless pursuit and efficient resolution – For rightful closure amidst tumultuous grievance.

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About Carlson Bier

Wrongful Death Lawyers in Washburn Illinois

At the esteemed law firm of Carlson Bier, we specialize in personal injury cases, including complex matters relating to wrongful death. We understand that losing a loved one under tragic circumstances is an incomprehensibly painful experience. Such losses not only leave behind profound emotional scars but often indelible financial repercussions. However, with our knowledgeable legal representation in Illinois, families can seek justice and financial compensation for their overwhelming loss.

Wrongful death occurs when someone’s negligence or intentional act causes another person’s death. In such cases, the decedent’s immediate family members – spouses, parents or children – have legal standing to file a wrongful death lawsuit. Elements required in proving a case of wrongful death include:

• Duty of care: The defendant had a duty towards the deceased

• Breach of duty: The defendant failed to uphold this responsibility

• Causation: This failure was directly responsible for the resulting death

• Damages: As a consequence, quantifiable damages were suffered by those left behind

At Carlson Bier, our competent team handles these delicate cases sensitively and aggressively argues on behalf of grieving family members for just compensation.

Parties eligible to bring forth a wrongful death claim in Illinois are typically the surviving spouse and/or next-of-kin which may encompass parents or children dependent on age factors. Compensation awarded from successful claims covers consequential expenses incurred such as medical costs associated with treatment prior to passing away; funeral expenses; anticipated future income lost due to untimely departure; pain suffered by surviving dependents and bereavement counseling fees.

It is crucial to note that Illinois law stipulates strict time frames known as statute limitations within which any wrongful death litigation must be initiated. Failure to meet these could potentially bar your rights forever thereby highlighting why seeking early professional legal counsel is paramount.

We also comprehend that amidst grief-stricken times, contemplating legal action may seem daunting but at Carlson Bier, we make it our priority to stand beside you every step of the way. We provide experience-driven advice and work meticulously to construct a compelling case, all based on substantial evidence, expert testimonies and diligent investigative measures.

It is also vital for potential clients to understand ‘contingency fee’ contracts which are generally implemented by personal injury attorneys. This agreement signifies that the client will have no upfront attorney fees or expenses. Carlson Bier will only receive remuneration after successful execution of your claim; whether attained through settlement negotiations or trial verdicts.

Remember wrongful death cases are unique in complexity hence require unique strategies for success. It’s not just about understanding law surrounding negligence resulting in fatality but combining it with adept litigation strategies and negotiation skills – expertise we proudly possess at Carlson Bier.

Lastly, at Carlson Bier, we genuinely value your trust in sharing such deeply personal experiences with us thereby ensuring strict confidentiality standards as per professional ethical codes we respect wholeheartedly.

Now that you understand the essential components concerning an Illinois wrongful death lawsuit and the undeniably significant role experienced legal representation plays – let us be that guiding light during this challenging time. To find out how much compensation could potentially be claimed from your specific case, click on the button below today where our skilled team awaits to assist you further on this healing path towards justice. At Carlson Bier, find closure; secure justice!

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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 Washburn

Areas of Practice in Washburn

Bicycle Incidents

Focused on legal support for people injured in bicycle accidents due to others's recklessness or hazardous conditions.

Thermal Traumas

Providing expert legal support for patients of intense burn injuries caused by mishaps or recklessness.

Hospital Incompetence

Extending expert legal support for individuals affected by medical malpractice, including wrong treatment.

Goods Responsibility

Managing cases involving dangerous products, delivering specialist legal services to customers affected by product malfunctions.

Geriatric Neglect

Defending the rights of elders who have been subjected to neglect in nursing homes environments, ensuring compensation.

Slip & Fall Accidents

Specialist in dealing with slip and fall accident cases, providing legal advice to victims seeking recovery for their losses.

Birth Wounds

Extending legal aid for kin affected by medical negligence resulting in childbirth injuries.

Vehicle Collisions

Mishaps: Committed to guiding patients of car accidents gain fair settlement for hurts and impairment.

Motorcycle Incidents

Committed to providing legal services for bikers involved in two-wheeler accidents, ensuring adequate recompense for injuries.

Truck Mishap

Extending specialist legal services for drivers involved in trucking accidents, focusing on securing just recovery for losses.

Construction Site Mishaps

Focused on defending employees or bystanders injured in construction site accidents due to oversights or negligence.

Head Impairments

Specializing in delivering professional legal advice for victims suffering from cerebral injuries due to accidents.

K9 Assault Harms

Specialized in handling cases for clients who have suffered injuries from dog attacks or wildlife encounters.

Jogger Crashes

Specializing in legal support for pedestrians involved in accidents, providing expert advice for recovering restitution.

Unwarranted Passing

Striving for grieving parties affected by a wrongful death, offering empathetic and skilled legal assistance to ensure redress.

Spine Impairment

Focused on representing victims with backbone trauma, offering expert legal guidance 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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