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Wrongful Death Attorney in Wheaton

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About Carlson Bier Associates

When it comes to dealing with the profound pain following a wrongful death of loved one, acquiring dedicated legal guidance is essential. If your need for compassionate and reliable representation arises within Wheaton, Illinois; consider Carlson Bier. As experts in personal injury law, our attorney group specializes in navigating complexities surrounding wrongful death cases. Our experience and meticulous attention to detail enable us to pursue justice relentlessly while you focus on healing.

Our approach involves conducting thorough investigations into all aspects of each case we undertake including accidents caused by another’s reckless disregard or intentional misconduct leading to loss of life. Upholding exemplary professional standards, we commit ourselves fully towards ensuring victims’ families receive fair compensation for their unparalleled sufferings owing not just from physical losses but beyond—such as emotional distress, lost wages etc.. having successfully represented multiple cases statewide holds testament to this commitment.

The highly proficient attorneys at Carlson Bier have expertise tailored specifically towards handling wrongful death lawsuits securely and efficiently giving utmost importance towards bringing peace amidst chaos preserving client’s rights earnestly – making them an ideal choice when facing unthinkable situations where you stand firm seeking justice.

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Wrongful Death Lawyers in Wheaton Illinois

At Carlson Bier, we understand that no legal case is as emotionally challenging than one involving a wrongful death. We fully recognize the devastating impact such cases can have on families and loved ones left behind. As a personal injury law firm based firmly in Illinois, our commitment is defining justice for you while acting as compassionate confidantes during your time of need.

Wrongful Death claims are made when someone loses their life due to negligence or misconduct by another party. It seeks to compensate family members grappling with unexpected burdens – economic and emotional toll – thrown up by these unfathomable events.

Critical aspects that relatives should be aware of concerning Wrongful Death claims involve demonstrating liability and establishing damages:

– Liability: A pivotal point lies in proving the defendant was negligent and directly contributed to causing death.

– Damages: This revolves around demonstrating the monetary impact attributed to the untimely demise of a loved one.

While it’s crucial to note that no amount of financial compensation can make up for the loss, having an experienced lawyer at your side will ensure you receive rightful restitution— alleviating some immediate financial hardships.

Each state has its specific statutes surrounding wrongful death claims – variations particularly related to who can file a claim, what kind of damages are recoverable, and within which timeframe suits must be commenced. For Illinois residents specifically:

– Deadline for filing suit: As per Illinois Law Section 735 ILCS 180/1 et seq., any actions must typically begin within two years from the date of the deceased’s death.

– Eligible parties: Primarily spouses and children possess rights here, but parents could also qualify if they’ve lost an unmarried minor child or adult child still financially dependent upon them.

– Claimable damages carry wide scope: From substantial medical expenses preceding death, funeral costs through punitive damages punishing defendants clearly displaying outrageous conduct leading directly to fatal consequences.

Partnering with seasoned personal injury attorneys like us at Carlson Bier ensures these complex laws, timeframes, and varying nuances of wrongful death claims don’t get lost. Our dedicated team will help you navigate through every legal hurdle, giving your case the best chance for a successful outcome.

The trifecta approach that guides our personal injury law practice within Illinois involves –

– Comprehensive Consultation: Beginning with free consultation to deep dive into details that build up your claim’s strength from ground zero.

– Diligent Representation: Seamlessly weaved in dedication towards representing your interests strongly while ensuring optimal transparency keeps you informed at each step.

– Tireless Advocacy: We stand unwavering – fighting for proper compensation against concerned parties while offering healing space during such challenging times.

In this journey seeking justice amidst loss, let us serve as allies humanely handling all complicated legal processes. As pioneers in Illinois state law since inception, Carlson Bier harbors extensive experience effectively strategizing around aspects surfacing across different types of wrongful deaths. Our prowess extends from auto accidents to slip-and-fall accidents or cases concerning medical malpractice hence broadening service offerings revolving around personal injury law terrain within Illinois.

Your trust in us means making strides towards rebuilding stable pathways ahead instead of getting overwhelmed by rapidly changing realities surrounding such daunting life events. Allow us to pursue justice for you relentlessly, leaving no stone unturned until remunerative outcomes see light today so secure tomorrows beckon you soon.

To find out how much your case is worth and discover the myriad ways Carlson Bier can assist you on this journey toward justice and healing, kindly click on the button below now — because at Carlson Bier it’s not just about professional expertise but compassionate understanding too! We’re here standing by your side gathering strength eventually meant for moving mountains together!

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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 Wheaton

Areas of Practice in Wheaton

Bike Mishaps

Expert in legal services for clients injured in bicycle accidents due to others's negligence or hazardous conditions.

Fire Wounds

Providing specialist legal advice for sufferers of grave burn injuries caused by incidents or indifference.

Medical Carelessness

Extending professional legal support for patients affected by hospital malpractice, including misdiagnosis.

Items Responsibility

Taking on cases involving faulty products, offering professional legal assistance to individuals affected by product-related injuries.

Senior Misconduct

Representing the rights of elders who have been subjected to misconduct in senior centers environments, ensuring protection.

Trip & Slip Occurrences

Expert in addressing stumble accident cases, providing legal advice to clients seeking redress for their injuries.

Birth Damages

Providing legal help for loved ones affected by medical carelessness resulting in newborn injuries.

Motor Accidents

Accidents: Concentrated on helping victims of car accidents obtain appropriate settlement for hurts and losses.

Bike Collisions

Expert in providing legal services for victims involved in motorbike accidents, ensuring adequate recompense for losses.

Truck Accident

Ensuring expert legal representation for drivers involved in lorry accidents, focusing on securing appropriate recovery for losses.

Building Crashes

Focused on assisting staff or bystanders injured in construction site accidents due to carelessness or negligence.

Cognitive Injuries

Committed to ensuring expert legal assistance for patients suffering from brain injuries due to incidents.

Canine Attack Traumas

Proficient in dealing with cases for victims who have suffered wounds from puppy bites or beast attacks.

Pedestrian Collisions

Dedicated to legal assistance for foot-travelers involved in accidents, providing comprehensive support for recovering restitution.

Undeserved Fatality

Striving for loved ones affected by a wrongful death, extending understanding and expert legal guidance to ensure compensation.

Spinal Cord Trauma

Focused on supporting victims with vertebral damage, offering compassionate 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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