Wrongful Death Attorney in Wilmington

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About Carlson Bier Associates

If you are dealing with a wrongful death situation in Wilmington, Carlson Bier can provide the legal assistance you need. As an established law firm in Illinois, we specialize in handling Wrongful Death cases skillfully and empathetically. The loss of a loved one due to negligence or misconduct is devastating; it demands justice. Our team at Carlson Bier ensures that the bereaved families receive not only justice but also rightful compensation for their suffering and loss. We bring forward our experience, knowledge, and assertive approach to make certain each case we handle has robust representation. Understanding how stressful this time can be for our clients—we aim to shoulder their legal burdens effectively allowing them time to grieve without unnecessary worries about litigation processes or paperwork deluge. Trust us, Carlson Bier isn’t just a law firm—it’s your pillar of support during testing times offering dedicated services for wrongful death situations worldwide—proving why we are among the best considerations when seeking a Wrongful Death lawyer.

About Carlson Bier

Wrongful Death Lawyers in Wilmington Illinois

At the prominent law firm of Carlson Bier, we are dedicated to diligently championing the cause of victims who have unintentionally become embroiled in severe wrongful death cases in Illinois. As highly experienced personal injury attorneys, we understand the devastation and sense of loss felt by families dealing with such tragic events. Painstakingly and compassionately guiding you through each step of this ordeal is our primary aim.

Wrongful death can be defined as an untimely death that occurs due to another’s negligence or intentional act, whether a corporation or individual. It may result from car accidents, medical malpractice, workplace injuries, defective products among other unfortunate incidents. Traversing these legal landscapes can be challenging and emotionally overwhelming hence why you need seasoned lawyers like us to enhance your chances of receiving rightful compensation.

Here are some essential aspects you should consider when seeking legal representation:

• The lawyer’s experience engaging with wrongful death suits.

• Their grasp on issues surrounding state laws and regulations which may impact your case.

• Availability- A lawyer must invest sufficient time on your case meticulously analyzing every detail.

• Possess sharp negotiation skills- An attorney capable of effectively communicating with insurance companies, for instance gives the victim a better chance at obtaining fair settlements.

Illinois Law dictates specific factors that determine damages awarded in wrongful death lawsuits; economic losses that include funeral/burial expenses, medical costs prior to the deceased’s demise plus foregone future earnings had they survived.

Non-economic aspects include: pain suffering endured before dying (termed survival claim), bereavement – anguish suffered by surviving immediate family members consequent to their loved one’s wrongful passing (termed grief).

It’s critical noting eligibility within Illinois’ context typically encompasses next-of-kin- spouses or children (and parents if deceased had no spouse/children while minor siblings might also qualify). Dates too are significantly relevant since statute limitation stipulates filing within two years following occurrence yet tolling exceptions exist like extended duration if decedent left minors behind provided it doesn’t exceed five years post incident.

At Carlson Bier, we handle our client’s cases with utmost integrity and professionalism. You can count on us to tirelessly work towards establishing liability, gathering evidence, negotiating settlements and even taking your case to trial when necessary. Being accustomed to Illinois state laws and courts give us the leverage of unrivaled local expertise which is a substantial advantage for our patrons.

In light of this tragic loss endured in wrongful death scenarios, we never lose sight of sensitivity required during this heartbreaking period. Every phone call answered by us reassures you’re not just another number; rather an individual needful support deserves deserved respect.

With personal injury no possibility exists foretelling value since circumstances differ dramatically from case-case basis. Numerous influencing variables include event’s gravity, medical costs incurred possibly affecting future expenses or earnings plus judging jury should litigation stage be entered hence may seem overwhelming.

We recommend reaching out to Carlson Bier as soon as possible in a wrongful death situation. Time is often of the essence in these matters especially considering the statute limitations within Illinois jurisdiction that we’ve mentioned earlier.

Remember: It isn’t about winning cases alone- it’s obtaining justice lost loved ones ensuring their deprived dependents still enjoy life quality ought have had they lived devoid confronting financial hardship cruelty fate unfairly dealt them through other people’s unthinking actions or at times lack therof.

Don’t allow yourself sink despair grief after suddenly losing loved one- regain footing through seeking empowerment legal route offers integral ending lives violently snuffed prematurely without warning taking control again providing semblance normality midst chaotic maelstroms upturned existence chaotic occurrence brings along its devastating trail reminding us human fragility face forces might beyond mortal control finally asserting right receive fitting compensation gross injustice suffered cruelly thrust upon bereft families wrongfully deceased victim.

Now that you’re aware of what a personal injury attorney can provide, it’s time to take the next step. To gain an understanding of the potential value of your case, we invite you to click on the button below. Allowing us to help you through this challenging chapter could be your key to finding some closure and financial relief during these trying 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 Wilmington

Areas of Practice in Wilmington

Two-Wheeler Mishaps

Proficient in legal advocacy for clients injured in bicycle accidents due to others' negligence or dangerous conditions.

Fire Injuries

Providing professional legal services for sufferers of serious burn injuries caused by accidents or indifference.

Hospital Incompetence

Delivering experienced legal advice for patients affected by physician malpractice, including negligent care.

Commodities Fault

Addressing cases involving dangerous products, delivering specialist legal services to individuals affected by product-related injuries.

Aged Neglect

Protecting the rights of nursing home residents who have been subjected to neglect in care facilities environments, ensuring fairness.

Fall & Fall Injuries

Expert in handling slip and fall accident cases, providing legal advice to clients seeking restitution for their damages.

Neonatal Injuries

Supplying legal help for loved ones affected by medical negligence resulting in neonatal injuries.

Car Crashes

Incidents: Devoted to helping clients of car accidents gain reasonable payout for damages and losses.

Bike Collisions

Focused on providing legal assistance for bikers involved in scooter accidents, ensuring rightful claims for injuries.

18-Wheeler Collision

Offering expert legal advice for drivers involved in lorry accidents, focusing on securing appropriate recompense for injuries.

Building Crashes

Dedicated to supporting laborers or bystanders injured in construction site accidents due to negligence or recklessness.

Neurological Impairments

Specializing in extending expert legal services for patients suffering from cognitive injuries due to carelessness.

Dog Attack Harms

Adept at managing cases for clients who have suffered injuries from puppy bites or creature assaults.

Cross-walker Crashes

Focused on legal services for joggers involved in accidents, providing professional services for recovering claims.

Undeserved Loss

Working for bereaved affected by a wrongful death, offering caring and skilled legal assistance to ensure compensation.

Backbone Impairment

Committed to advocating for victims with spinal cord injuries, offering expert legal services to secure settlement.

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