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Wrongful Death Attorney in Orland Hills

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the face of a wrongful death case, it is imperative to choose an attorney who specializes in this challenging area of law. The Counsel at Carlson Bier hold a sterling reputation for navigating difficult negotiations and courtroom proceedings within Orland Hills effectively. They act with empathy and experience, ensuring that your loved one’s rights are staunchly defended during these distressing times. Our attorneys have years of expertise, securing justice in numerous wrongful death suits, alleviating financial concerns arising out of unforeseen circumstances such as medical bills or loss of income from our clients’ plate. Dutiful respect towards both their client’s pain and Illinois laws underpins every case taken by Carlson Bier lawyers – we pursue legal redress without overstepping boundaries within targeted cities like Orland Hills.

Importantly, Carlson Bier proactively stays ahead of amendments to maximize claim benefits through accurately interpreting legislation shifts relevant to wrongful deaths while strictly adhering to Illinois Law’s ethical code against misleading advertisement practices about firm locations.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Orland Hills Illinois

At Carlson Bier, we understand the unimaginable pain and sudden loss experienced when a loved one dies due to someone else’s negligence or wrongful actions. We stand as Illinois’s finest advocates for families who have endured such devastation, providing expert legal counsel during life’s most challenging moments and tenaciously fighting for justice through Wrongful Death claims. A Wrongful Death lawsuit seeks compensation on behalf of family members left behind after an individual has lost their life due to the malicious, negligent, or reckless conduct of another party.

To fully comprehend this legal practice area, one must recognize what precipitates a Wrongful Death claim:

• When a victim is fatally wounded due to another person’s actions: This could be an intentional act such as an assault that leads to death or careless behavior like causing a fatal car accident.

• Inability of the deceased to present their case: Since the injured party is no longer alive to file a personal injury suit themselves, surviving family members initiate a Wrongful Death claim on their behalf.

• Tangible damages resulting from death: Monetary losses incurred by survivors are generally potential grounds for legal action.

Remedies available in these circumstances offer financial assistance designed to mitigate damages suffered by bereaved parties. Insurance settlements might not suffice in covering all expenses; therefore adding reason why pursuing the responsible entity becomes imperative.

The resultant compensation from a successful claim navigates various forms:

– Covering funeral costs

– Recompensing lost income

– Assisting with medical debts accrued prior to demise

Wrongful Death cases differ significantly from standard Personal Injury cases primarily because they involve two distinct components:

1) Survival Actions – surviving beneficiaries may recover any damage the decedent would have been eligible to reclaim had they survived.

2) The Family Expense Act – allows particular immediate kin members (like spouse or children) recoup costs directly relating towards serious bodily injuries leading up-to their kinfolk’s premature passing away.

These civil lawsuits bear intense emotional and financial weight, calling for lawyers with specialized knowledge and ample experience to navigate successfully. Carlson Bier’s attorneys embody these qualities – equipped with the prerequisite expertise to pursue justice on your behalf steadfastly. We bring invaluable support to grieving families; guiding, aiding, and relentlessly advocating until just compensation is attained.

Navigating personal loss can be disorienting and emotionally taxing. Legal proceedings intricately woven into this grieving period significantly heighten pre-existing stress levels. Working closely alongside you during this trying phase, we strive to transform daunting legal jargon into comprehensible vernacular, ensuring every process is thoroughly understood.

While no amount of money could ever replace or equate the value of a loved one’s life, Wrongful Death claims assist in bearing the financial burden following their untimely departure. Behind each case we handle is a family rendered incomplete due to someone else’s negligence we wish to hold accountable– ensuring they do not inflict the same sorrow onto others.

Trust your difficult journey in qualifying hands characterized by empathy grounded expertise at Carlson Bier Associates LLC., where compassion meets formidable litigation skills that ensures favorable results—aiding those left behind as they embark on mending their shattered lives after unimaginable tragedy.

Resolution begins when action converges with information; thus inviting closer examination into potent benefits Wrongful Death actions offer materializes crucial first steps towards closure. Each case nurtures unique parameters potentially impacting its overall worth – unraveled only through detailed scrutiny by competent professionals universally familiar/unfamiliar about Illinois litigatory state law nuances involving wrongful death

Click on the button below to receive an initial free consultation detailing further about our bespoke services – initiating crucial first steps towards healing fused with tailored professional assistance built solely around your circumstances while also gleaning more targeted insight regarding your case’s potential value.

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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 Orland Hills

Areas of Practice in Orland Hills

Pedal Cycle Accidents

Proficient in legal representation for people injured in bicycle accidents due to others' lack of care or unsafe conditions.

Burn Damages

Giving adept legal help for patients of severe burn injuries caused by occurrences or carelessness.

Hospital Incompetence

Extending experienced legal services for persons affected by hospital malpractice, including medication mistakes.

Merchandise Fault

Dealing with cases involving dangerous products, supplying specialist legal support to consumers affected by faulty goods.

Geriatric Abuse

Advocating for the rights of nursing home residents who have been subjected to misconduct in care facilities environments, ensuring fairness.

Trip & Fall Mishaps

Specialist in addressing fall and trip accident cases, providing legal advice to sufferers seeking justice for their suffering.

Infant Wounds

Offering legal support for households affected by medical incompetence resulting in newborn injuries.

Automobile Collisions

Mishaps: Devoted to supporting clients of car accidents secure equitable settlement for damages and damages.

Motorcycle Mishaps

Committed to providing legal support for individuals involved in motorbike accidents, ensuring adequate recompense for damages.

18-Wheeler Crash

Delivering experienced legal assistance for persons involved in lorry accidents, focusing on securing just settlement for injuries.

Construction Collisions

Engaged in defending staff or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Neurological Injuries

Focused on ensuring dedicated legal assistance for patients suffering from head injuries due to incidents.

K9 Assault Traumas

Proficient in addressing cases for persons who have suffered wounds from puppy bites or animal attacks.

Foot-traveler Accidents

Expert in legal services for cross-walkers involved in accidents, providing comprehensive support for recovering compensation.

Undeserved Fatality

Striving for bereaved affected by a wrongful death, extending understanding and adept legal guidance to ensure justice.

Spine Harm

Committed to assisting patients with vertebral damage, offering professional legal services to secure settlement.

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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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