Wrongful Death Attorney in West Peoria

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About Carlson Bier Associates

When misfortune strikes, resulting in the tragic loss of a family member due to another’s negligent actions, choosing representation from Carlson Bier, your leading wrongful death advocates in Illinois can dramatically shape the trajectory of your case. Our specialization within this unique area of personal injury law delivers unmatched expertise and strength when fighting on behalf of grieving families. With every wrongful death claim we undertake at Carlson Bier; our deep-seated commitment to pursue justice is evident as much as it instills confidence in our clientele — holding culpable parties accountable while ensuring maximum fair compensation for bereaved kinfolk. Counted upon by countless clients across a variety of demographics due to the consistent legal excellence exhibited through years advocating for wronged victims, you’ll understand why Carlson Bier bears widespread acclaim whenever ‘wrongful death attorney’ arises within discourse about reputable law firms. Rooted in Illinois and skilled negotiators before insurance companies or formidable litigators inside courtrooms if need be; we are here — focused on helping you navigate these difficult times with unsurpassed dedication and empathy towards our clients’ traumatic situations.

About Carlson Bier

Wrongful Death Lawyers in West Peoria Illinois

As a law firm, Carlson Bier brings robust legal expertise to personal injury cases, particularly those revolving around Wrongful Death in Illinois. Wrongful death refers to situations where an individual dies as the result of another party’s negligent actions or misconduct, whether intentional or unintentional. A key point to remember is that the grieving family left behind can file a wrongful death lawsuit against the perceived responsible party.

This action seeks financial compensation for their emotional pain, suffered financial losses and damage incurred due to lost companionship. It is paramount to understand your rights in these circumstances and how different elements correlate with such lawsuits in Illinois.

Primarily, it is not just anyone who can initiate a wrongful death claim. Only specific individuals related closely to the deceased like spouse, children or parents are legally recognized under Illinois law as having rights to bring forth such claims.

• Validity Period: Filing deadlines – known as statutes of limitations – apply here too. Typically in Illinois, you have within two years from the victim’s demise date to launch your suit—any time passing that would likely nullify potential lawsuits.

• Damages recoverable: Respective losses eligible for damages come wide-ranging including funeral expenses, lost services like advice and guidance and grief sorrow along with mental suffering.

In meeting justice demands across any wrongful death case stage effectively requires proficient expertise backed by practical courtroom familiarity summating our promise at Carlson Bier. Various intricacies embedded into laws governing this domain need careful navigation—a specialty strength our team holds decades-long experience handling.

Navigating Complex Laws: More often than not, cases involving wrongful deaths prove high complex both from emotional perspectives alongside intricate legal aspects involved inside-out.

Then comes insurance companies layered interests skimming settlement values toward their favor involves substantial negotiations typically necessitating aggressive legal representation proving comprehensive command profundity over statutes’ interpretations ensuring rightful compensations don’t slip away.

Such scenarios prove where we shine most demonstrating total commitment landing just claims amounts rightfully belonging to affected families.

Quality Legal Representation: At Carlson Bier, we understand the deep grief engulfing families losing their beloved ones in wrongful death circumstances. This understanding fuels our legal representation quality offering personal attention to every fine detail within each case at hand ensuring best possible outcomes.

Family Support System: Acting as your advocate, we don’t fight for you but with you standing in solidarity against insurances not adequately offering fair settlements suiting rightful damages claimable. Our experienced attorneys guide each step into securing justice on behalf of your family member passed away due unjust reasons.

The aim is sharing the burden, mitigating added stress along a tough time inside navigating intricate pathways setting things right towards compensations won reflecting actual suffered losses effectively than anything lesser.

No upfront Costs: Underscoring our commitment toward advocating for victim’s rights isn’t mere words but action-backed proving similar. We offer contingency fee representations implying—If no successful recoveries made translating to winning suits—You owe us nothing!

Victim’s Advocacy Legal Experts: As respective advocates tirelessly fighting relentless pursuit defending victims’ rights—we’re industry-topping experts fostering excellence pivoting on client-centered frameworks every service engagement. Dial us now into robust boutique services tailored matching specific needs around wrongful death cases; let’s help cope better via optimum justice achieved attaching deserved compensation claiming back stature lost unjustly, needlessly within pain overcome soonest possible.

At Carlson Bier, we’re committed to making sure everyone facing such painful situations gains comprehensive access underscoring practical insights across various aspects associated wrongful death lawsuits spanning Illinois entire landscape entrenched observations boosting high educational value through rich content availed here. Settle here knowing confidently arriving definitive sources divulging widest range actionable information tuned aiding precise decisions-making that often prove critical towards establishing valid claims hence maximizing potential lawsuit benefits realized ultimately.

Given each lawsuit involves different dynamics shaped by particular situational facts attached – it remains prudent seeking professional advice ensuring every potentially compensable aspect gets captured not missing any valid claim. So delve more- Click on the button below to find out just how much your case could be worth. Feel free to reach out because at Carlson Bier, we believe it is our responsibility to guide you through this challenging journey conclusively.

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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 Peoria

Areas of Practice in West Peoria

Cycling Collisions

Expert in legal support for victims injured in bicycle accidents due to negligent parties' negligence or hazardous conditions.

Thermal Traumas

Extending adept legal help for people of serious burn injuries caused by mishaps or carelessness.

Hospital Malpractice

Providing dedicated legal services for individuals affected by physician malpractice, including negligent care.

Commodities Obligation

Dealing with cases involving dangerous products, delivering professional legal support to consumers affected by product-related injuries.

Geriatric Abuse

Advocating for the rights of seniors who have been subjected to mistreatment in nursing homes environments, ensuring restitution.

Stumble and Stumble Accidents

Professional in dealing with tumble accident cases, providing legal representation to sufferers seeking compensation for their harm.

Birth Traumas

Providing legal help for kin affected by medical misconduct resulting in neonatal injuries.

Motor Incidents

Accidents: Devoted to aiding sufferers of car accidents receive appropriate remuneration for damages and harm.

Scooter Incidents

Committed to providing legal support for riders involved in motorbike accidents, ensuring just recovery for injuries.

Trucking Collision

Ensuring professional legal assistance for drivers involved in truck accidents, focusing on securing adequate recovery for damages.

Building Mishaps

Dedicated to assisting laborers or bystanders injured in construction site accidents due to carelessness or negligence.

Head Injuries

Specializing in delivering professional legal assistance for persons suffering from cerebral injuries due to negligence.

K9 Assault Wounds

Adept at addressing cases for people who have suffered traumas from dog bites or beast attacks.

Pedestrian Accidents

Committed to legal assistance for joggers involved in accidents, providing effective representation for recovering restitution.

Undeserved Loss

Advocating for relatives affected by a wrongful death, offering empathetic and skilled legal support to ensure justice.

Neural Damage

Dedicated to advocating for victims with backbone trauma, offering compassionate legal assistance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer