Wrongful Death Attorney in West Salem

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About Carlson Bier Associates

When faced with the heartbreaking and stressful ordeal of dealing with a wrongful death in West Salem, it’s essential to seek legal representation that is both capable and compassionate. The professional team at Carlson Bier exemplifies these characteristics. As an established Illinois-based practice, we offer vast expertise specifically tailored for Wrongful Death cases. Our approach centers on meticulous fact-gathering coupled with diligent advocacy to ensure our clients’ needs are prioritized while navigating through the complexities of such cases. At Carlson Bier, we believe that pursuing justice should never add more distress to your already traumatic circumstance; hence our commitment extends beyond winning claims- providing emotional support throughout this demanding process remains paramount too.

With a proven record of favorable settlements and verdicts spanning years within Illinois jurisdiction, trusting the matter into our hands guarantees assertive representation safeguarding best interests purposed towards satisfactory resolutions for West Salem residents facing Wrongful Death lawsuits. Establishing prosperity from adversity underscores every interaction you will experience at Carlson Bier because here genuine empathy meets superior competence: A haven amidst tumultuous times indeed.

About Carlson Bier

Wrongful Death Lawyers in West Salem Illinois

At Carlson Bier, we are passionate and proficient in handling personal injury lawsuits, particularly when it comes to wrongful death cases. The loss of a loved one is challenging and overwhelming, making the legal aftermath almost unbearable for most families. It is during these difficult times that the expertise and compassionate services of our seasoned attorneys become invaluable.

Defining wrongful death starts with understanding its parameters under Illinois law where Carlson Bier operates. Wrongful death occurs when someone dies due to the negligent or unlawful acts of another party. This civil action seeks restitution for survivors and the estate left by deceased persons. Even though it must be filed by a personal representative – typically an executor named in the will or appointed by a court – rightful beneficiaries include spouses, children, parents (if decedent had no spouse or offspring), and siblings (if there were no other immediate family members).

Key elements required to establish a valid wrongful death claim:

• There must be proof that death occurred.

• Evidence indicating negligence led to the death.

• The parties seeking compensation suffered quantifiable damages as a result.

Deciphering these prerequisites on your own can be confusing but our expert team at Carlson Bier stand ready to shoulder this burden for you.

The ills resulting from a wrongful death extend beyond emotional devastation; they also impose severe financial strains on those who survive yet suffer discontinuation of income from the deceased–wages that once cared for their essential needs such as bills, mortgage repayments, tuition fees among others. Further expense burdens arise from medical costs incurred prior to succumbing to injuries and funeral expenses which follow thereafter. These hard-hitting twinges accentuate why acquiring pertinently experienced representation genuinely mitigates beleagueringly draining effects across board – matters monetarily related or not.

Through successful negotiation or litigation of a wrongful death case before Illinois courts, plaintiffs may recover various forms of compensation including:

• Expenses associated with end-of-life medical care.

• Funeral and burial expenses.

• Lost earnings of the deceased person from his/her expected lifespan.

• Loss of guidance, love, and moral support that was provided by the deceased party.

It is important to remember time is of essence for wrongful death claims in Illinois. The claim needs to be filed within two years following the date of demise. This statute of limitations allows grieving families substantial but limited duration to pursue justice on behalf of their departed loved ones. Punctuality towards this directive remains paramount not only for legal conformance but also as a means through which evidence robustness is safeguarded – remember faded recollections, missing witnesses or misplaced documents ultimately weaken your case’s prospective success rate.

Our attorneys at Carlson Bier are committed towards protecting your rights while helping you navigate these complex suits against opposing parties – those perhaps reluctant in taking responsibility for their actions leading to loss of lives. We strive in compelling them accept rightful liability making available just compensation following your immense ordeal caused by circumstances way beyond control. It’s not about replacing lost dear ones; we believe no amount ever suffices such anguishing deprivations… it’s about empowering bereaved families attain some semblance financially stabilizing resolutions demonstrative each unique loss suffered merits equal recognition legally backboned remediations

We profoundly relate with your profound pain and it is indeed our honor upholding desired justice before courts across difficult times comprising unfathomable emotional troublespots mulled over countless nights filled turbulent streams endless queries relentlessly seeking answers drowned deep within tears needed drying…Trust that we shall stand beside every step taken throughout this journey tirelessly rendering professional advice channeling traumatic experience towards meaningful restitution firmly grounded measured sense duly warranted closure.

Mournfully dedicated towards ensuring light shines again into definitely shattered yet vulnerably opened windows hope anchored upon providing comprehensive law-based solutions! Unwaveringly driven maintaining staunch respect sensitively justified emotions thus balancing demanding scale justice favor aggrieved parties, Carlson Bier promises fighting your corner until end hastening well-deserved closure. Don’t let the complexity of legal jargon or another party’s intimidation deter you from seeking justice. Our team is here to walk with you hand in hand, making each step clear and affirming your rights every inch of the way.

If you’re ready to learn how much your case could worth and start moving towards justice for your lost loved one, we encourage you to make that first courageous journey now by clicking on the button below. Let us lighten the load in these challenging times.

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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 Salem

Areas of Practice in West Salem

Cycling Incidents

Proficient in legal services for persons injured in bicycle accidents due to other parties' indifference or hazardous conditions.

Flame Traumas

Offering professional legal support for individuals of intense burn injuries caused by incidents or carelessness.

Clinical Malpractice

Providing expert legal assistance for persons affected by medical malpractice, including negligent care.

Items Fault

Addressing cases involving defective products, supplying professional legal support to customers affected by product-related injuries.

Nursing Home Neglect

Advocating for the rights of the elderly who have been subjected to malpractice in aged care environments, ensuring justice.

Stumble and Stumble Incidents

Adept in handling tumble accident cases, providing legal assistance to sufferers seeking compensation for their suffering.

Neonatal Traumas

Providing legal help for relatives affected by medical malpractice resulting in newborn injuries.

Auto Accidents

Crashes: Devoted to supporting patients of car accidents gain appropriate remuneration for wounds and losses.

Bike Accidents

Expert in providing legal services for motorcyclists involved in bike accidents, ensuring rightful claims for damages.

18-Wheeler Collision

Offering professional legal advice for clients involved in truck accidents, focusing on securing rightful compensation for damages.

Worksite Crashes

Committed to defending employees or bystanders injured in construction site accidents due to oversights or recklessness.

Cognitive Injuries

Committed to delivering compassionate legal support for individuals suffering from head injuries due to accidents.

K9 Assault Wounds

Proficient in addressing cases for victims who have suffered traumas from canine attacks or wildlife encounters.

Jogger Mishaps

Dedicated to legal advocacy for joggers involved in accidents, providing expert advice for recovering claims.

Unwarranted Loss

Advocating for bereaved affected by a wrongful death, providing understanding and professional legal guidance to ensure redress.

Vertebral Damage

Focused on advocating for victims with backbone trauma, offering specialized legal representation to secure recovery.

Contact Us Today if you need a Person Injury Lawyer