Wrongful Death Attorney in West Elsdon

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About Carlson Bier Associates

In the midst of intense personal grief, seeking justice for a wrongful death can feel like an insurmountable task. Enlisting the support and expertise of a seasoned legal professional such as Carlson Bier transforms this daunting responsibility into a realistic pursuit. Our firm, with its wealth of experience in handling wrongful death cases throughout Illinois, including West Elsdon, fervently champions your cause while providing empathetic guidance at every turn. The proven track record distinguishes Carlson Bier lawyers not just by their unwavering commitment to achieving favorable outcomes but also through the compassionate approach they extend to each client facing such grievous loss. We lead comprehensive investigations substantiating claims about unanticipated demises; we leave no stone unturned when it comes to fighting for our clients’ rights and securing rightful compensation.With precision-tailored representation from Carlson Bier’s astute attorneys, you get more than robust legal counsel—you gain steadfast allies in your quest for accountability and closure following devastating personal losses.

About Carlson Bier

Wrongful Death Lawyers in West Elsdon Illinois

When faced with the unthinkable loss of a beloved one due to an accident or negligent action, it’s essential that you understand your rights and options. At Carlson Bier, we specialize in personal injury law with a particular emphasis on Wrongful Death cases in Illinois. Our mission is to safeguard your interests while ensuring the responsible parties are brought to justice.

Wrongful death refers to a legal claim initiated when someone dies as a result of another person or entity’s negligence, recklessness, or deliberate harm. Examples can include medical malpractice, automobile accidents, workplace accidents, defective products and even acts of violence. To successfully argue this case type before an Illinois court:

• Proof of death

• Evidence linking negligence or intent by the defendant to the death

• Demonstration of surviving family member’s monetary suffering as a result of the death

are key elements that must be shown.

The statute of limitation for filing wrongful death claims in Illinois is generally two years from the date of demise but may vary depending upon different specifics related to case circumstances such as discovery rule exceptions among others.It’s important thus,to seek prompt legal advice following such devastating event.

With empathy and precision,

our team at Carlson Bier carries out exhaustive investigation into the particulars surrounding your deeply painful circumstances.The objective?To build up resilient lawful arguments equipped for delivering results under these challenging conditions.We have recovered millions on behalf of our clients by diligently combating insurance companies,counseling grieving families through complex legal processes all while positioning their needs frontmost.

But beyond recovering financial damages in litigation,you are entitled as next-of-kin under Illinois law,to non-economic damages related to the grief,sorrow,and mental suffering experienced after losing a loved one.These equally paramount emotional aspects towards your healing process forms part and parcel during our combative negotiations with insurers.Leveraging our legal acumen steered by compassionate understanding;embracing every arsenal within personal injury jurisprudence landscape for maximal impact

The journey of pursuing a wrongful death claim is emotionally challenging and complex. Deadlines to meet, heaps of paperwork to manage, back-and-forth negotiations can all be overwhelming especially during these trying times.Accompanied by our experienced personal injury attorneys at Carlson Bier however;all this tangle becomes hassle-free as we walk you step-by-step through the legal labyrinth.

It’s inherently imperative that those responsible for your loved one’s untimely demise are held accountable.It secures justice not just towards compensation but equally important establishment of deterrence against negligent thoughtless actions.At Carlson Bier we are committed to achieve this end,driven by professional integrity and empathetic understanding towards victims like yourself enduring this devastating transition

In conclusion,loss of life is never easy,but navigating through Wrongful Death claims need not be as emotionally debilitating.With Carlson Bier Escorting you in every step toward achieving rightful recompense.By entrusting your case to us,you’ll feel confident in making informed decisions throughout this necessary legal process.Feel free click on the button below ans find out how much your case would potentially worth.This calculation crucially assists in guiding proper course restorative steps.

Remember,…you don’t have to go alone.Allow us at Carlson Bier,to help carry your burden offering peace-of-mind solutions custo-tailored for optimal rightful restitution.Let’s secure Justice together;right here,right now!

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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 West Elsdon

Areas of Practice in West Elsdon

Bicycle Incidents

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

Fire Wounds

Extending expert legal services for patients of serious burn injuries caused by events or carelessness.

Physician Negligence

Delivering experienced legal support for individuals affected by clinical malpractice, including surgical errors.

Products Accountability

Taking on cases involving dangerous products, offering expert legal guidance to victims affected by harmful products.

Nursing Home Neglect

Advocating for the rights of nursing home residents who have been subjected to abuse in elderly care environments, ensuring fairness.

Trip & Tumble Injuries

Specialist in handling stumble accident cases, providing legal advice to sufferers seeking redress for their damages.

Newborn Injuries

Supplying legal assistance for relatives affected by medical incompetence resulting in newborn injuries.

Vehicle Collisions

Collisions: Committed to helping victims of car accidents secure fair remuneration for hurts and impairment.

Motorbike Mishaps

Committed to providing legal support for victims involved in motorcycle accidents, ensuring adequate recompense for losses.

Trucking Collision

Ensuring experienced legal support for individuals involved in big rig accidents, focusing on securing rightful compensation for harms.

Construction Site Incidents

Dedicated to advocating for laborers or bystanders injured in construction site accidents due to negligence or misconduct.

Neurological Damages

Committed to delivering specialized legal services for individuals suffering from neurological injuries due to negligence.

Dog Bite Wounds

Specialized in addressing cases for persons who have suffered traumas from dog attacks or wildlife encounters.

Jogger Accidents

Focused on legal services for foot-travelers involved in accidents, providing comprehensive support for recovering compensation.

Unfair Loss

Working for loved ones affected by a wrongful death, extending caring and professional legal representation to ensure fairness.

Vertebral Damage

Expert in defending clients with spinal cord injuries, offering compassionate legal guidance to secure justice.

Contact Us Today if you need a Person Injury Lawyer