Wrongful Death Attorney in Wayne City

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About Carlson Bier Associates

In the wake of a devastating wrongful death, seeking justice can seem insurmountable. However, with the resilient Carlson Bier team in your corner, pursuing legal recourse is attainable. Undoubtedly skilled professionals specializing in Wrongful Death law, their commitment to justice and comprehensive understanding of Illinois statutes make them an unparalleled choice. Their keen acumen has successfully aided numerous families in securing rightful compensation for their profound losses across Illinois–including successful cases in Wayne City – thus proving time and again their vast knowledge of the intricacies involved even when local ordinances come into play. Choosing Carlson Bier signifies choosing dedication to truth and fairness–qualities necessary during these trying times. They fully comprehend that no monetary amount could ever replace your loved one; however they tirelessly strive to alleviate burdens imposed by providing effective representation aimed at securing deserved financial relief for emotional pain endured or expenses incurred due to such tragic incidents.

About Carlson Bier

Wrongful Death Lawyers in Wayne City Illinois

At Carlson Bier, we serve the community as a premier law firm in Illinois, specializing in personal injury and wrongful death cases. We understand that coping with the loss of a loved one is one of life’s most challenging trials, particularly when it has resulted from another party’s negligence or misconduct. Precisely for this reason, our impeccable team of attorneys’ steadfast commitment and experience empowers us to uphold the rights grieving families deserve amid their emotionally charged legal battles.

Our knowledge-base encompasses an intricate understanding of wrongful death claims and actions. Typically defined as any fatality resulting from another person’s intentional actions, negligence or recklessness, wrongful death encases varying scenarios: vehicular accidents caused by drunk drivers; medical malpractice leading to patient fatalities; product defects causing user deaths; fatal workplace accidents due to ill-maintained premises are all instances covered under wrongful death lawsuits.

The essential elements needed for a successful claim include:

– The loss of life must be demonstrably linked to another party’s negligent action.

– Evident financial damage or emotional hardship has been inflicted upon the deceased family.

– Estate representation through an appointed administrator on behalf of survivors.

Residing amidst legalese terminologies can be daunting – we know because at Carlson Bier we’ve walked hundreds through this journey before you. Our diligent team takes pride in presenting each case cogently and addressing every question with clarity so clients like you can gain peace-of-heart amidst your emotionally draining situation.

In Illinois, acting promptly is crucial since statutes prescribe explicit time limits termed ‘Statutes of Limitation’. This covers everything starting from filing accident reports to presenting wrongful death suits before courts which typically mandate two years post-death incidence. So remember – delay may compromise your rightful entitlements under Illinois law!

Moreover, it’s vital to comprehend who primary claimants are within lawsuits – typically surviving spouse and child(ren). In absence of these immediate kin members may place lawful claims. While damage calculations might often seem arduous – at Carlson Bier we’re acutely adept at determining damages, dovetailing into two distinct categories:

– Economic: Tangible financial losses owed to lost-future-earnings, medical-care-costs and funeral expanses.

– Non-economic: Intangible elements linked to emotional pain, distress and suffering experienced by survivors.

We enthusiastically dedicate ourselves to prove not just liability but also extent of damages, ensuring you receive the rightful compensation you’re entitled for under existing statutes. Expert witnesses, enveloping economic analysts and medical professionals may be brought in to establish fatality causes linking with debilitating impact on families’ future income streams; facilitating compensation determinations.

Navigating wrongful death laws can be harrowing under bereavement’s weighty fog. However remember, being represented effectively is critical – your choice of attorney will make all the difference. With a formidable track record Carlson Bier triumphantly stands as Illinois’ stalwart personal injury attorneys.

Our client-family testimonials speak louder than our successes in winning millions worth deserved compensations till-date. So if you’ve tragically endured the loss of loved one due to another’s fault or negligence remember – no monetary value can reimburse your irreplaceable loss but our trust-bound promise at Carlson Bier is to fight relentlessly so that justice doesn’t fall short on its promise.

Desiring entire understanding is natural during challenging times like these. Hence, feel encouraged today to click below where an easy-to-fill form awaits you. Our esteemed team desires nothing more than offering personalized aid amidst your struggle and cheering post recognition of harm done– Because every life has incalculable value! Don’t delay discovering what your case could potentially be worth and how caringly yet proficiently our team fights for each client’s cause – Rest assured knowing every life matters here at Carlson Bier!

Testimonials from Clients

Your Success Is Our Success

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 Wayne City

Areas of Practice in Wayne City

Bike Mishaps

Proficient in legal assistance for persons injured in bicycle accidents due to responsible parties' recklessness or unsafe conditions.

Flame Traumas

Providing specialist legal advice for patients of intense burn injuries caused by mishaps or misconduct.

Clinical Malpractice

Providing specialist legal advice for victims affected by healthcare malpractice, including medication mistakes.

Items Obligation

Managing cases involving faulty products, delivering expert legal support to customers affected by defective items.

Elder Neglect

Supporting the rights of elders who have been subjected to misconduct in nursing homes environments, ensuring restitution.

Trip and Trip Occurrences

Expert in dealing with stumble accident cases, providing legal assistance to sufferers seeking redress for their harm.

Infant Harms

Delivering legal help for loved ones affected by medical misconduct resulting in birth injuries.

Vehicle Accidents

Crashes: Concentrated on supporting clients of car accidents secure just recompense for hurts and impairment.

Scooter Collisions

Committed to providing legal services for riders involved in motorbike accidents, ensuring just recovery for traumas.

18-Wheeler Incident

Delivering professional legal representation for persons involved in big rig accidents, focusing on securing appropriate recovery for damages.

Building Accidents

Committed to representing employees or bystanders injured in construction site accidents due to negligence or irresponsibility.

Cognitive Damages

Dedicated to extending professional legal services for clients suffering from head injuries due to incidents.

Dog Attack Injuries

Skilled in handling cases for victims who have suffered harms from puppy bites or wildlife encounters.

Pedestrian Mishaps

Committed to legal advocacy for joggers involved in accidents, providing expert advice for recovering recovery.

Undeserved Demise

Advocating for loved ones affected by a wrongful death, delivering caring and skilled legal assistance to ensure justice.

Spinal Cord Damage

Specializing in representing patients with paralysis, offering compassionate legal services to secure redress.

Contact Us Today if you need a Person Injury Lawyer