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Wrongful Death Attorney in Woodstock

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About Carlson Bier Associates

Experiencing an untimely loss of a loved one due to another party’s negligence can be devastating. The Carlson Bier attorney group understands this pain and is dedicated to assisting families in Woodstock navigate the complexities of Wrongful Death law. Our clients receive unrivaled legal counsel delivered with compassion, understanding, and commitment as we persistently pursue justice on their behalf. We hold reckless parties accountable while ensuring that you get the financial compensation needed to cover medical costs or lost income for a loved one’s passing prematurely. In such trying times, competency matters; choose Carlson Bier for our extensive expertise and a proven track record in achieving favorable results for Wrongful Death cases throughout Illinois which makes us an optimal choice when it comes to representation in Woodstock despite not being physically present there. Entrust your case with us where every client isn’t just a case file but part of our extended family at Carlson Bier – fighting relentlessly towards righting wrongs while helping secure your future after life-altering losses.

About Carlson Bier

Wrongful Death Lawyers in Woodstock Illinois

At Carlson Bier, we are exceptionally intuitive in understanding Illinois’ laws on Personal Injury. Our expertise rests primarily in various domains, however, one area we specialize vastly is wrongful death lawsuits. A wrongful death occurs when a person dies as a result of another’s negligence or purposeful infliction of harm; which can be an individual or organization.

Understanding wrongful death cases requires deep component analysis, especially during tragic times. It is essential to know that a claim must be filed by the representative of the victim’s estate for benefitting those affected financially by the untimely death such as immediate family members and dependents. The Illinois Wrongful Death Act empowers survivors to claim for tangible losses like funeral costs plus factors such as loss of expected future income.

Some essentials that highlight key components involved in litigation pertaining to wrongful deaths are:

– Establishing Fault: The first step involves clearly demonstrating that negligence was at fault for the deceased’s untimely departure.

– Economic Damages: This includes calculable losses like medical bills, funeral expenses and lost earnings etc.;

– Non-Economic Damages: These damages cover aspects pertaining to pain and suffering induced post losing a loved one.

With these aspects illuminated clearly in our exhaustively researched content, exploring this knowledgebase provides great value for potential clients seeking initial guidance regarding their rights after enduring a tragic expiry. Navigating through such complicated realms while dealing with emotional despair could understandably be very challenging without professional assistance.

At Carlson Bier, we take pride in assuring our clients – fret not! We have extensive experience coupled with fiery willpower which promptly guides you smoothly towards rightful compensation rendering justice during these challenging periods via our specialized services providing unmatched consolation resulting from systematic handling of your case each step along the way.

Our talented team comes equipped with decades’ worth experiences in combatting these vicissitudes faced during lawsuits related to wrongful deaths while adhering strictly to decorum imposed by Illinois law. Did you know that personal injury laws can vary greatly from one city to another? We strictly adhere to it ensuring all our services don’t just meet but exceed expectations profoundly.

Not just Wrongful Death, Carlson Bier is skilled in various other facets pertinent to Personal Injury laws which illustrates our capability’s extensive nature aiding clients throughout their challenging phases while securing best possible compensation in shortest time margins.

Experiencing severe calamity and uncertain about next steps? Confused on the applied principles governing Wrongful Death lawsuits? At Carlson Bier we not only empathize with your situation genuinely but ensure all legal options available ahead can be effectively utilized creating reassuringly serene atmosphere during turbulent times.

Additionally, being stationed where we are makes us familiar with local statutes of limitations varying dynamically across jurisdictions addressing wrongful deaths; an aspect often overlooked resulting potentially into catastrophic consequences inhibiting rightful claims further deteriorating situations already worsened considerably post losing a loved one under unfortunate circumstances.

We understand reading about attributed laws might create further confusion introducing more questions than initially had for several potential clients navigating these uncomfortable realms freshly without prior encounters. If you’re this far along your thorough research then consider taking proactive measures! Your case could be worth much more than currently perceived, why wait?

Click the button below and let us at Carlson Bier facilitate understanding actual worth of your case accurately aided through decades’ worth Paris traction exclusively at disposal- dedicated for assisting victims navigate stringent parameters of Illinois’ Personal Injury Laws ensuring no stones remains unturned maximizing possibilities for desired resolutions securing justice during hard times like these.

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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 Woodstock

Areas of Practice in Woodstock

Two-Wheeler Incidents

Specializing in legal support for individuals injured in bicycle accidents due to other parties' indifference or risky conditions.

Burn Damages

Extending professional legal services for victims of major burn injuries caused by mishaps or misconduct.

Clinical Carelessness

Ensuring dedicated legal services for victims affected by hospital malpractice, including misdiagnosis.

Merchandise Liability

Addressing cases involving dangerous products, delivering skilled legal help to victims affected by defective items.

Geriatric Mistreatment

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

Fall and Fall Injuries

Expert in addressing fall and trip accident cases, providing legal representation to clients seeking restitution for their losses.

Childbirth Traumas

Offering legal aid for relatives affected by medical carelessness resulting in neonatal injuries.

Car Incidents

Crashes: Dedicated to assisting sufferers of car accidents receive equitable settlement for injuries and losses.

Motorcycle Mishaps

Committed to providing legal support for motorcyclists involved in bike accidents, ensuring adequate recompense for losses.

18-Wheeler Incident

Delivering adept legal support for persons involved in truck accidents, focusing on securing fair compensation for losses.

Construction Site Mishaps

Dedicated to defending staff or bystanders injured in construction site accidents due to carelessness or misconduct.

Head Impairments

Focused on offering dedicated legal representation for individuals suffering from neurological injuries due to incidents.

Dog Bite Wounds

Expertise in addressing cases for people who have suffered traumas from K9 assaults or creature assaults.

Cross-walker Accidents

Expert in legal representation for walkers involved in accidents, providing comprehensive support for recovering restitution.

Unfair Passing

Striving for grieving parties affected by a wrongful death, providing empathetic and professional legal services to ensure redress.

Backbone Harm

Dedicated to representing persons with paralysis, offering dedicated legal representation to secure recovery.

Contact Us Today if you need a Person Injury Lawyer