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Wrongful Death Attorney in Green Oaks

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About Carlson Bier Associates

Wrongful death claims can be emotional and complex. It is crucial to have an experienced team by your side, like Carlson Bier, who understand the intricacies of these cases in Illinois. Renowned for their specialized expertise in wrongful death law, this proficient group brings proven strategies and a compassionate approach to their work that sets them apart. They have consistently delivered positive results for numerous clients coping with profound loss; bringing a sense of justice achieved and closure forged through legal channels. Predicated on the recognition that each case involves unique circumstances demanding customized solutions, they present unparalleled advocacy that aligns perfectly with client needs regardless of how challenging or sensitive the circumstance may be. Choosing Carlson Bier not only assures you of professional legal representation but also fosters a trusted supportive environment during this difficult time; empathizing with your pain while fighting relentlessly for reparations owed to you earnestly under Illinois Law’s wrongful death stipulations.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Green Oaks Illinois

At Carlson Bier, we are a dedicated team of personal injury attorneys based in Illinois. We specialize in several areas of personal injury law, and one of our primary focuses is Wrongful Death cases. When you lose a loved one due to someone else’s negligence or intentional misconduct, it is considered as a wrongful death. Our mission is to help the bereaved family recover the compensation they deserve for their loss.

A wrongful death claim originates when the accused party’s action directly causes an individual’s untimely demise, leaving the surviving members grappling with emotional pain, unexpected medical expenses and financial instability. The deceased person may have been the breadwinner supporting an entire household—their absence creates a vast void that is both emotionally and financially crushing.

Legal matters encounter complexities which might be daunting for those who are unfamiliar with Illinois laws surrounding wrongful deaths. You can rest assured knowing that our experienced legal team aims at making this process less intimidating by clearly explaining various aspects such as:

• Who can file a wrongful death claim: Typically, the immediate family members such as spouses or children have the right to file such claims but in some instances other dependents like putative spouse or stepchildren also qualify.

• Time limit for filing claims: Generally within 2 years from date of death; however exceptions exist depending on circumstances hence it’s pivotal to seek swift legal advice.

• Types of Damages: Compensation includes monetary reimbursement ensuing lost wages, burial cost, medical expense prior to death along with non-economic damages associated to emotional sufferance.

Navigating through these challenging times requires more than just understanding legal lingos—you need compassionate support and unwavering dedication towards achieving your rightful justice. At Carlson Bier we give paramount importance in providing personalized services understanding unique needs of each client; exemplifying compassion coupled with aggressive representation.

Importantly remember that not all deaths fall under ‘wrongful’ category – only incidents where fatalities are caused due to carelessness, negligence or intentional misconduct of others qualify it as ‘wrongful’. Automobile accident, medical malpractices, faulty product and workplace hazards are some common sources. As each case varies significantly in terms of liability and damages; requiring rigorous examination of facts – here at Carlson Bier we work relentlessly to build a robust claim.

Our team’s strength lies in our practical experience and understanding of Illinois law relating to wrongful deaths. Backed by thousands of hours spent handling tough courtroom battles and successful settlements alike—in favor of our clients—we’re confident about how we bring your fight for fairness to the fore.

It’s crucial to act quickly once you suspect a wrongful death has taken place; not just because legal time limits can restrict your eligibility but evidence gathering becomes more effective while information is fresh. We have assisted countless families lay down ethically strong groundwork within these painful circumstances steering them towards favorable negotiations rightfully deserved—delivering comfort through justice.

Appreciate the iciness that envelopes after losing someone? Allow us to shoulder the burden relieving from stress induced whilst dealing with intricate legal web spun around wrongful deaths making this journey less demanding for you.

Time won’t wait nor should you when seeking rightful claims! Click on the button below—you’ll be one step closer receiving free consultation aiding clarification on numerous queries overwhelming your mind currently or perhaps even realizing potential worth residing within your case yet unexplored. Adverse situations often welcome opportunities wrapped discreetly; know yours today highlighting brighter path unveiling ahead—with Carlson Bier beside guiding every step!

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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 Green Oaks

Areas of Practice in Green Oaks

Cycling Incidents

Dedicated to legal assistance for persons injured in bicycle accidents due to other parties' recklessness or risky conditions.

Scald Burns

Supplying skilled legal services for patients of serious burn injuries caused by incidents or recklessness.

Hospital Malpractice

Ensuring specialist legal assistance for clients affected by healthcare malpractice, including surgical errors.

Products Fault

Managing cases involving problematic products, providing expert legal help to clients affected by faulty goods.

Nursing Home Misconduct

Defending the rights of seniors who have been subjected to mistreatment in elderly care environments, ensuring restitution.

Tumble & Trip Incidents

Professional in addressing stumble accident cases, providing legal representation to clients seeking justice for their damages.

Neonatal Wounds

Extending legal guidance for relatives affected by medical carelessness resulting in childbirth injuries.

Auto Incidents

Crashes: Committed to assisting sufferers of car accidents receive fair settlement for harms and harm.

Bike Mishaps

Specializing in providing legal services for individuals involved in two-wheeler accidents, ensuring rightful claims for harm.

Big Rig Accident

Ensuring experienced legal support for victims involved in truck accidents, focusing on securing just settlement for losses.

Construction Mishaps

Engaged in supporting workmen or bystanders injured in construction site accidents due to safety violations or carelessness.

Cerebral Damages

Committed to delivering professional legal representation for patients suffering from neurological injuries due to carelessness.

Dog Attack Injuries

Expertise in addressing cases for clients who have suffered damages from dog attacks or animal attacks.

Pedestrian Incidents

Committed to legal services for cross-walkers involved in accidents, providing dedicated assistance for recovering claims.

Unwarranted Demise

Standing up for loved ones affected by a wrongful death, offering understanding and adept legal support to ensure fairness.

Backbone Trauma

Expert in advocating for individuals with vertebral damage, offering dedicated legal services to secure recovery.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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