Wrongful Death Attorney in Wataga

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About Carlson Bier Associates

When unexpected catastrophe strikes, causing untimely loss of a loved one, the emotional wreckage can be unending. At Carlson Bier, we understand the depth of heartache wrongful death inflicts and will tirelessly strive to deliver justice for your devastating loss. With our vast years as reputable personal injury lawyers in Illinois, we offer aggressive representation for those confronting wrongful death litigation in Wataga and beyond. Our comprehensive understanding of intricate state laws allows us to capably defend your rights while you navigate through these painful circumstances. Leveraging unmatched experience with shrewd legal strategies, your case is far from just another file at Carlson Bier; it’s about ensuring responsibility met by ensuring fair compensation won in recompense of interrupted lives. Overwhelming grief accompanied by financial troubles shouldn’t cloud judgment or deter pursuit; trust us to fight relentlessly on behalf’s affected families who deserve nothing less than truth-filled justice served nobly.

About Carlson Bier

Wrongful Death Lawyers in Wataga Illinois

At Carlson Bier, our mastery of personal injury law is dedicated to advocating for families whose lives have been catastrophically affected by the untimely and wrongful death of a loved one. Our Illinois-based practice upholds a firm commitment to obtaining justice and securing maximum compensatory benefits on behalf of our clients.

Wrongful death arises when an individual loses their life due to negligence, malpractice or misconduct from another party. This inherently painful event necessitates proper legal guidance in assessing its precipitants and implicating the parties responsible. Rightfully so, because a wrongful death lawsuit not only demands fair restitution but also holds accountable those who contributed to such preventable loss.

The first step towards filing a wrongful descent case involves accurately establishing the cause of death. Negligence could range from defective equipment, inadequately managed premises, surgical errors, or vehicular accidents stemming from impaired or reckless driving. Furthermore, an intentional kill like those arising from criminal activities also qualifies as grounds for filing such suits.

Yet another vital component pertains recognizing ‘duty’. It must be established that the defendant owed the deceased a responsibility which they failed to perform adequately leading directly to their demise. For instance, every driver has an inherent duty of care to other road users. A breach caused by driving irresponsibly that leads to fatal accidents thus forms legitimate grounds for pursuing a wrongful death claim.

Moreover qualifying claimants are strictly limited by law mainly confined among close family members; spouses, children including adopted ones and parents if the deceased were minor at time of passing away. Occasionally it may extend towards siblings or any others financially dependent upon them but these stipulations depend largely on specific state laws.

The actual process itself inclines more towards civil proceedings rather than criminal trials which typically means requiring proof based on preponderance instead than beyond reasonable doubt conventions usually applied in crime cases with compensation often levied against offenders having been found guilty.

An important aspect imperative to note is the exacting statute of limitations that wrongful death cases are governed by. In Illinois, the time frame for filing a wrongful death case ranges from one to two years from the date of death depending on various factors involved in each specific case.

Here at Carlson Bier, we offer comprehensive legal services designed to triumph over such intricacies and alleviate stress during these harrowing times. We exemplify an unmatched dedication driven by our unique blend of empathy, expertise, and experience.

Our attorneys work relentlessly towards winning deserved compensation for losses incurred. These damages typically include lost wages that deceased could have earned throughout their remaining career span if not untimely robbed of life; funeral expenses; incurred medical costs before eventual passing if relevant; loss endured due to companionship deprivation among others including anguish or sorrow felt because of their unfortunate demise.

Navigating through the complex maze presented by a wrongful death suit remains daunting especially while distraught with personal grief. However Carlson Bier works holistically providing invaluable support right from initial consultation until resolution offering pertinent advice while methodically building strong compelling cases designed specifically for maximum returns guaranteeing closure.

Seeking recourse via approaching courts certainly doesn’t reverse unfortunate happenings however achieving justice serves often as genuine consolation helping individuals move forward positively despite painful moments experienced losing dear ones prematurely due harsh unexpected events caused otherwise preventable if better judgement prevailed originally.

So entrust your pursuit for justice to us at Carlson Bier where rightful compensation awaits each deserving claimant backed by profuse levels professional guidance rooted deeply within abundant skills garnered passionately serving countless clients across Illinois exclusively through personal injury law representation frontiers delivered consistently bearing torchlight aiming relentless quest preserving human dignity despite encountering undesirable fatal scenarios aimed almost entirely seeking truth achieving proportional justice essentially reflective original moral social fabric thriving prosperously within our mutual communal settings uniquely guarded always by rightfully applicable stringent state legislations committed profoundly protecting citizen rights no matter adversities faced eventually overcoming successfully ultimately receiving fair compensatory payouts due agonizing untimely loss suffered gruesomely from unexpected fatal incidences striking harshly dispersing sorrow sadness deriving ultimately recompense deserved proportionally bringing much needed relief eventual peace.

If you’ve regrettably found yourself requiring such services, we encourage you to click the button below. Allow Carlson Bier’s dedicated team of reputable Illinois personal injury attorneys thoroughly evaluate your case’s worth. Seek justice now and secure the compensation you truly deserve.

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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 Wataga

Areas of Practice in Wataga

Bike Incidents

Proficient in legal representation for people injured in bicycle accidents due to others' carelessness or perilous conditions.

Burn Damages

Extending professional legal assistance for patients of serious burn injuries caused by accidents or recklessness.

Healthcare Misconduct

Providing experienced legal support for individuals affected by hospital malpractice, including surgical errors.

Goods Obligation

Taking on cases involving faulty products, providing specialist legal services to customers affected by defective items.

Elder Abuse

Protecting the rights of elders who have been subjected to misconduct in care facilities environments, ensuring justice.

Slip and Stumble Mishaps

Specialist in handling trip accident cases, providing legal assistance to clients seeking compensation for their harm.

Neonatal Traumas

Offering legal support for relatives affected by medical malpractice resulting in newborn injuries.

Auto Crashes

Accidents: Devoted to helping sufferers of car accidents get just settlement for hurts and harm.

Motorcycle Collisions

Focused on providing legal support for motorcyclists involved in scooter accidents, ensuring just recovery for losses.

18-Wheeler Mishap

Offering expert legal services for clients involved in truck accidents, focusing on securing just claims for losses.

Building Incidents

Focused on defending workers or bystanders injured in construction site accidents due to carelessness or carelessness.

Brain Damages

Dedicated to delivering expert legal services for clients suffering from cognitive injuries due to incidents.

K9 Assault Harms

Specialized in dealing with cases for people who have suffered damages from dog attacks or creature assaults.

Pedestrian Mishaps

Expert in legal assistance for cross-walkers involved in accidents, providing comprehensive support for recovering restitution.

Unfair Loss

Fighting for relatives affected by a wrongful death, offering caring and expert legal services to ensure redress.

Neural Harm

Dedicated to representing patients with paralysis, offering professional legal services to secure recovery.

Contact Us Today if you need a Person Injury Lawyer