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Wrongful Death Attorney in Wood River

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About Carlson Bier Associates

When facing a wrongful death claim in Wood River, trusting Carlson Bier imparts pivotal support throughout this emotionally daunting legal process. Our revered team of diligent attorneys are experts at navigating the profound intricacies of Illinois’ Wrongful Death Act, providing clients with unparalleled expertise and a meaningful voice to champion their cause. We meticulously uncover pertinent evidence, negotiate assertively on your behalf, and fight tirelessly in court proceedings to secure rightful justice for your devastating loss. More than just lawyers, we become compassionate allies in your darkest hour; understanding each case’s unique sensitivities while relentlessly fighting for maximum compensation on lost earnings, funeral expenses or emotional damages incurred by wrongful death victims’ families. With us by your side you’re assured professionalism and guidance over incomparable counsel every step of the way – be it validation of claims or execution lawsuit strategy to ensure fair provision under Illinois law. The choice is clear – place your trust only on Carlson Bier – steadfast defenders who balance formidable legal knowledge with deep-rooted compassion when matters most.

About Carlson Bier

Wrongful Death Lawyers in Wood River Illinois

At Carlson Bier, we are dedicated to providing legal support and representation for those who have lost a loved one due to the negligence or misconduct of another party. Our team of seasoned personal injury attorneys is located in Illinois specializing in wrongful death cases, seeking justice and rightful compensation on your behalf. Handling these matters with sensitivity and assertive advocacy, our focus lies squarely on ensuring your needs are met during this challenging time.

Wrongful death is seen as the utmost form of personal injury where someone’s negligent actions result in another person’s premature demise. There exist various instances constituting wrongful death including car accidents, medical malpractice, workplace fatalities among others – all causing life-altering ripple effects on family members left behind.

• It is crucial to understand that not all unfortunate deaths can be deemed ‘wrongful’. For a successful claim, an attorney must prove liability by establishing breach of duty leading directly to the fatality.

• Secondly, it’s imperative to know there exists a stipulated statute of limitations for filing these claims. In Illinois, this period generally extends two years from the date of passing. Therefore taking timely action is essential.

Here at Carlson Bier, our approach begins with meticulous investigation and evidence gathering revolving around case particulars. Leveraging our vast experience garnered over years handling complex scenarios coupled with an empathetic understanding fuels our passion towards obtaining maximum compensation for you.

The monetary judgement or settlement received via such lawsuits includes covering loss components like funeral expenses burial costs past & future income loss companionship loss along other relative damages experienced personally due to their beloved’s demise:

• Financial Support: If the deceased was a primary breadwinner, courts calculate their potential earnings aiding familial financial stability

• Medical Expenses: Any related costs incurred pre-death due to resultant injuries

• Emotional Distress: This comprises pain & suffering induced upon close relatives owing to the traumatic incident

Your grief may seem measureless following such deep-seated losses – something a monetary figure might fail to wholly encompass. Yet, seeking reparation provides some modicum of solace ensuring you aren’t additionally burdened by financial strains in your mourning phase. At Carlson Bier, we make every effort to shoulder this responsibility relieving stress as you concentrate on healing.

As experts in Illinois wrongful death statutes, our attorneys navigate you through intricate legal matters employing strategic approaches for optimum outcomes. Our intention isn’t just about winning cases but also equipping families with necessary resources required whilst helping them make informed decisions throughout the process.

We realize that entrusting somebody during these trying moments is immensely difficult. For this reason, we consider transparency and open communication as pillars underpinning our client relationships at Carlson Bier. Our personal injury attorneys take pleasure in being your dependable guide keeping you aware of proceedings from inception to conclusion while striving relentlessly for securing justice.

Lastly, before taking any steps forward it proves beneficial finding out what your case might indeed be worth typically based upon deciding factors like quantum of insurance coverage available amongst others. Let professionals at Carlson Bier assess this value responsibly – click on the button below allowing us an opportunity to determine potential suit worthiness meanwhile providing impactful counsel helping streamline contingencies ahead.

Rest assured knowing that with Carlson Bier overseeing your case you stand equipped dealing calculatedly against unfortunate circumstances pursuing rightful compensation expeditiously without necessarily having to contest litigation single-handedly during such sensitive 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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Frequently Asked Questions

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 Wood River

Areas of Practice in Wood River

Two-Wheeler Accidents

Specializing in legal assistance for individuals injured in bicycle accidents due to negligent parties' recklessness or unsafe conditions.

Burn Traumas

Extending specialist legal support for people of serious burn injuries caused by events or recklessness.

Clinical Negligence

Ensuring expert legal services for persons affected by physician malpractice, including surgical errors.

Merchandise Responsibility

Dealing with cases involving dangerous products, offering professional legal guidance to clients affected by product-related injuries.

Aged Abuse

Supporting the rights of elders who have been subjected to abuse in senior centers environments, ensuring fairness.

Slip and Fall Occurrences

Adept in addressing fall and trip accident cases, providing legal assistance to sufferers seeking redress for their suffering.

Birth Damages

Delivering legal support for loved ones affected by medical carelessness resulting in infant injuries.

Motor Crashes

Mishaps: Focused on supporting individuals of car accidents secure equitable settlement for wounds and damages.

Motorcycle Collisions

Dedicated to providing representation for riders involved in two-wheeler accidents, ensuring justice for damages.

Big Rig Incident

Offering expert legal services for persons involved in lorry accidents, focusing on securing just settlement for losses.

Construction Site Collisions

Focused on advocating for laborers or bystanders injured in construction site accidents due to oversights or recklessness.

Brain Impairments

Committed to providing specialized legal advice for individuals suffering from brain injuries due to misconduct.

Canine Attack Harms

Specialized in dealing with cases for victims who have suffered wounds from K9 assaults or creature assaults.

Pedestrian Crashes

Specializing in legal advocacy for foot-travelers involved in accidents, providing expert advice for recovering restitution.

Undeserved Demise

Standing up for bereaved affected by a wrongful death, offering caring and expert legal assistance to ensure compensation.

Vertebral Harm

Specializing in assisting victims with spinal cord injuries, offering professional legal guidance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer