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Wrongful Death Attorney in Waverly

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About Carlson Bier Associates

When facing the tragic circumstances of a wrongful death, asserting your legal rights can seem like an insurmountable task. However, with Carlson Bier’s team of tenacious attorneys at your service, you’ll find comfort in their ability to ardently pursue justice on your behalf. With extensive experience handling Wrongful Death claims in Illinois and particularly familiar with complexities that might arise within Waverly’s jurisdictional boundaries, they offer unparallel insight into such grave matters. Acknowledged for our deep understanding and sensitivity towards grief-stricken families’ needs, we fight relentlessly for rightful compensation that acknowledges their profound loss. At Carlson Bier – each case is handled meticulously; rest assured knowing you are receiving the highest caliber of legal representation available to navigate through these testing waters successfully. The firm’s commitment to attaining favorable results has consistently solidified its compelling reputation among clients residing across the state of Illinois as well as those hailing from Waverly – irrespective of whether it manifested through successful monetary settlements or prevailing courtroom victories under customary complex litigation conditions.

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About Carlson Bier

Wrongful Death Lawyers in Waverly Illinois

At Carlson Bier, we recognize the depth of pain and grief following a wrongful death in the family. Situations like these are immeasurably difficult, and pursuing legal resolution can seem overwhelming. As seasoned personal injury attorneys based in Illinois, our expertise is helping individuals navigate this complex process with dignity and resilience. To represent you effectively, we offer individualized attention to each case as well as comprehensive education about the wrongful death claim process here in Illinois.

A wrongful death claim arises when an individual loses their life due to the negligence or misconduct of another party. Wrongful deaths frequently result from car accidents, medical malpractice, workplace injuries or product defects. Regardless of what led to your loved one’s untimely passing, it’s crucial for affected family members to realize that they may have substantial legal rights and be eligible to receive compensation under Illinois law.

In general terms, consider some key things associated with a wrongful death claim:

• The claim must clearly demonstrate that another person’s negligence directly resulted in the decedent’s demise.

• Immediate family members such as spouses, children, parents (if unmarried), or any person financially dependent on the deceased can file a claim.

• A statute of limitations applies for filing wrongful death claims – typically two years from the date of incident in Illinois.

By having this foundation of knowledge, individuals seeking representation will comprehend the basic parameters guiding their potential lawsuits.

Trustworthiness extends beyond just knowing laws; it’s also about understanding our clients’ emotions during tough times. At Carlson Bier, we provide sensitive guidance through every stage– offering reassurance at moments when doubts may set in regarding whether you have a valid lawsuit or not. Additionally, if litigation is necessary because negotiations fail to yield fair settlements – rest assured that we’ll humanely portray your stories before jurors aiming for maximum compensation attainable under law.

Monetary awards resulting out of Wrongful Death lawsuits vary significantly depending upon the severity of negligence, relationships with decedent and extent of financial losses as well as trauma to surviving members. While no amount can replace a lost life, these damages assist with immediate costs such as funeral expenses and medical bills, but also potentially cover loss of earning capacity into future, grieving assistance and even punitive damages.

Perhaps you were unaware of your potential rights or unsure about starting a wrongful death claim in Illinois. Carlson Bier aims to provide better clarity surrounding these complex issues whilst offering our clients the highest level of compassion during these arduous times. Our firm works tirelessly towards achieving justice for the wrongfully deceased’s loved ones while simultaneously respecting their need for closure.

Recall that embarking on this difficult journey doesn’t warrant doing it alone – engaging skilled counsel is crucial whenever one contemplates filing any lawsuit especially so with sensitive matters such as wrongful death claims where stakes are significantly higher both emotionally and financially.

In the spirit of empowering you further in this strenuous process, we encourage you to take advantage of our complimentary case evaluation tool by clicking on the button below. By providing essential details associated with your claim, we’ll help shed some light regarding what your lawsuit could potentially be worth – thus enabling you to gain better understanding before making any formal commitment.

It’s finally important to point out that an attorney–client relationship is not solely grounded upon obtaining results but more critically on building trust through transparency and consistent communication despite facing unprecedented adversity – which defines Carlson Bier’s ethos fundamentally.

Although grief may overwhelm now; never forget inherent legal entitlements following such a tragedy- Remember… navigating pain & memorializing justice aren’t mutually exclusive endeavors; they complement each other forming part of healing eventually occurring despite currently seeming incredibly distant.

Let Carlson Bier guide you along this path steadily towards seeking rightful justice deserved so passionately!

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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 Waverly

Areas of Practice in Waverly

Bicycle Mishaps

Dedicated to legal representation for victims injured in bicycle accidents due to responsible parties' indifference or unsafe conditions.

Flame Burns

Extending specialist legal advice for individuals of grave burn injuries caused by occurrences or carelessness.

Medical Carelessness

Ensuring expert legal representation for patients affected by physician malpractice, including misdiagnosis.

Items Accountability

Addressing cases involving unsafe products, supplying expert legal help to consumers affected by defective items.

Geriatric Mistreatment

Representing the rights of seniors who have been subjected to mistreatment in care facilities environments, ensuring protection.

Stumble and Slip Accidents

Skilled in tackling slip and fall accident cases, providing legal support to victims seeking justice for their harm.

Infant Injuries

Extending legal help for households affected by medical malpractice resulting in infant injuries.

Automobile Incidents

Collisions: Committed to supporting patients of car accidents get appropriate settlement for harms and impairment.

Motorcycle Crashes

Dedicated to providing legal support for individuals involved in bike accidents, ensuring rightful claims for harm.

Truck Incident

Providing specialist legal support for victims involved in trucking accidents, focusing on securing adequate compensation for hurts.

Building Collisions

Concentrated on assisting workers or bystanders injured in construction site accidents due to oversights or negligence.

Cognitive Traumas

Focused on extending expert legal assistance for victims suffering from neurological injuries due to accidents.

K9 Assault Traumas

Proficient in dealing with cases for individuals who have suffered injuries from dog attacks or wildlife encounters.

Cross-walker Crashes

Specializing in legal services for foot-travelers involved in accidents, providing expert advice for recovering compensation.

Undeserved Fatality

Striving for bereaved affected by a wrongful death, extending caring and adept legal guidance to ensure restitution.

Neural Trauma

Focused on defending patients with spinal cord injuries, offering dedicated legal services to secure settlement.

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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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