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Wrongful Death Attorney in Schiller Park

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About Carlson Bier Associates

When faced with the tragic circumstance of a wrongful death, choosing Carlson Bier ensures experienced and passionate representation. Located in Illinois, this acclaimed law firm has cultivated an exceptional reputation for successfully handling wrongful death cases, making them an ideal choice for residents within Schiller Park and its surrounding areas. Their team comprises devoted attorneys who diligently work to unearth critical details that could translate into compelling legal arguments in your favor. Committed to preserving your rights and delivering justice, Carlson Bier provides unwavering support every step of the way. They meticulously analyze each unique case building strategic solutions designed to get maximum compensation under Illinois state laws; from hospital bills caused by negligence to loss of companionship or even future income lost due to untimely demise of a loved one or family member. Choosing this distinguished law firm exudes nothing short of full trust in their expertise as you confront challenging times brought upon by wrongful deaths — offering you skilled advocacy when it matters most.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Schiller Park Illinois

At Carlson Bier, our expertise lies in the realm of personal injury law, with a strong focus on wrongful death cases. As a highly reputed Illinois-based law firm, we are fully committed to understanding every individual case deeply and delivering personalized, professional representation for optimum results.

Wrongful death is one area of practice where excellence and careful handling are essential. It involves instances where someone deliberately or negligently causes another person’s premature decease. With wrongful death cases housing immense complexity and often emotional overload due to their distressing nature, it becomes crucial for affected families to pair up with lawyers capable of providing solid legal advice whilst displaying sensitivity towards their situation.

• The underlying cause of a wrongful death claim can span various scenarios such as medical malpractice, workplace mishaps, vehicular accidents to name a few.

• Not all deaths resulting from negligence qualify as wrongful deaths. A key determinant is if the deceased party could have pursued a personal injury claim had they survived.

• Only eligible relations can file a claim: Surviving spouses, direct offspring or parents (if the decedent was unmarried or childless).

Proving liability demands substantial evidence that demonstrates negligence by the accused party. This pathway usually entails demonstrating that there existed first an obligation to act carefully towards the victim; secondly, this duty was breached through careless acts. Finally establishing how this violation led directly to the victim’s demise answers for causation while incurred losses justify damages sought.

To achieve success in these intricate lawsuits requires commitment and knowledgeable lawyers like us at Carlson Bier who bring deep understanding intertwined with years of extensive experience. We pride ourselves on tackling every angle worth pursuing while stretching our horizons beyond conventional thinking during strategy formulation sessions aiming at securing highest possible compensation against loss endured on account of your loved ones’ untimely passing away.

Our devotion reaches far beyond merely driving claims towards successful endings – we help grieving families grasp how complex laws impact their circumstances demystifying legal jargon allowing easier comprehension. We firmly believe in providing maximum value to our clients through not only legal victories but also by helping them understand the mechanics of their case and the related laws.

Negotiation and settlement, a vital step towards resolution in wrongful death cases, are dealt with precision at Carlson Bier. Here again, we look beyond mere monetary negotiations – instead negotiating tirelessly for justice and closure for your loved ones lost due to another’s negligence or harmful actions.

• Swift settlements often result in less compensation than deserved: It’s crucial to remember that you always have the option to refuse an offer until it fully compensates you for your loss.

• Legal representation is invaluable during negotiation phases: An experienced attorney can help gauge when an offered settlement aligns with your merits truthfully reflecting what would be likely achieved in court.

Bear in mind understandably while dealing with sudden demise leaves one bereaved forcing quick decisions based on lack of information may cause regret later. Therefore partnering up with capable lawful advisors like us becomes essential towards turning this painful phase into something comparatively bearable eventually leading towards ultimate healing over time.

We cordially welcome you to find out more about how we can assist as your devoted professionals throughout this trying process. If wrongful death has knocked on your doorstep robbing someone dear away prematurely then don’t delay further; click on the button below and discover how much pursuing a claim with us might bring relief – both financially and emotionally – so you can start rebuilding what was otherwise shattered hopelessly.

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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 Schiller Park

Areas of Practice in Schiller Park

Bicycle Collisions

Expert in legal advocacy for persons injured in bicycle accidents due to others's indifference or hazardous conditions.

Burn Damages

Supplying expert legal services for victims of grave burn injuries caused by events or carelessness.

Clinical Negligence

Providing professional legal representation for persons affected by clinical malpractice, including negligent care.

Merchandise Obligation

Taking on cases involving unsafe products, providing adept legal assistance to victims affected by product malfunctions.

Elder Abuse

Protecting the rights of seniors who have been subjected to misconduct in elderly care environments, ensuring justice.

Tumble & Stumble Accidents

Professional in dealing with fall and trip accident cases, providing legal advice to clients seeking restitution for their injuries.

Infant Traumas

Supplying legal guidance for kin affected by medical malpractice resulting in infant injuries.

Automobile Mishaps

Accidents: Focused on supporting patients of car accidents secure just payout for hurts and impairment.

Motorbike Crashes

Expert in providing representation for motorcyclists involved in bike accidents, ensuring adequate recompense for harm.

18-Wheeler Incident

Ensuring experienced legal services for clients involved in big rig accidents, focusing on securing rightful compensation for losses.

Worksite Collisions

Committed to representing workmen or bystanders injured in construction site accidents due to oversights or carelessness.

Head Injuries

Dedicated to ensuring dedicated legal representation for persons suffering from neurological injuries due to incidents.

K9 Assault Wounds

Skilled in managing cases for persons who have suffered harms from puppy bites or beast attacks.

Cross-walker Collisions

Focused on legal assistance for joggers involved in accidents, providing professional services for recovering compensation.

Wrongful Passing

Working for bereaved affected by a wrongful death, providing caring and adept legal assistance to ensure justice.

Neural Impairment

Focused on advocating for persons with paralysis, offering specialized legal assistance to secure justice.

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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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