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Wrongful Death Attorney in Lanark

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About Carlson Bier Associates

Finding representation in the tragic event of a wrongful death can be challenging. You need an attorney who not only understands the intricacies of Illinois law but also possesses empathy for your situation and extensive experience handling such sensitive cases. Carlson Bier, with their proven track record, is committed to serving justice in wrongful death suits by providing comprehensive legal services to Lanark’s residents. It’s absolutely vital that you have adequate legal backing when dealing with a case as complex as this, adding unseen value at this devastating time. Time and again, clients entrust Carlson Bier because they realize we are more than just attorneys; we’re unwavering advocates who tirelessly champion their cause. Ensuring you receive fair compensation for your profound loss is our top priority while preserving dignity throughout the process has remained one of our guiding principles from day one. Passionate about protecting rights, pursuing justice fervently—That’s what sets us apart. That’s why families in Lanark consider working with Carlson Bier during these tough times.

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About Carlson Bier

Wrongful Death Lawyers in Lanark Illinois

At Carlson Bier, we are steadfastly committed to providing exceptional legal representation in the realm of personal injury law. Specializing in wrongful death claims, our proficient team works tirelessly pursuing justice for individuals and families who have tragically lost a loved one due to another’s negligence or misconduct.

Wrongful death occurs when an individual is fatally injured as a result of someone else’s malpractice, neglect, or intentional act. This form of personal injury pertains specifically to cases where the person that was harmed can no longer bring their case forward because of their untimely demise. In these instances, the surviving family members may seek compensatory damages through a wrongful death lawsuit. Such cases are complex and deeply sensitive, often requiring seasoned professional expertise like what is provided by Carlson Bier.

A wrongful death claim could encompass various scenarios including but not confined to: fatal car accidents caused by negligent drivers; deaths resulting from medical malpractice such as surgical errors or misdiagnosis; fatalities from ill-maintained premises or work place related incidents; even victims claimed by product liability can fall under this category. The underlying factor compelling these cases is that they involve preventable loss which has profoundly impacted grieving families left behind.

Understanding who can file a wrongful death lawsuit is essential:

• Spouses

• Children (biological & adopted)

• Parents (for minor children)

In some instances, other dependent relatives might also be eligible.

The aforementioned parties may receive compensation for monetary losses such as funeral expenses, loss of future earning capacity of the deceased amongst others inclusive indirect costs like emotional anguish & loss of companionship.

To construct a solid case proving that your dear one’s passing should indeed be legally considered ‘wrongful’, three key elements need fortification:

· Prove negligence was present

· Show link between negligence and loved one’s death

· Document quantifiable losses arising from the untimely departure

We at Carlson Bier realize each case is distinct, the specifics invariably unique. It is our endeavor to gain a comprehensive understanding of your situation and provide guidance based on Illinois law through every step of this arduous process.

At Carlson Bier, as expert personal injury attorneys in Illinois specializing in wrongful death claims, we see it as more than just a case; we realize its emotional significance to you. Our approach marries sensitivity with strategic legal counsel, evaluating the merits of your claim while exploring avenues that maximize compensation.

We understand pursuing a wrongful death lawsuit can seem daunting for grieving families but rest assured knowing that competent hands are managing your case.

To better comprehend how much value your rightful claim might hold in terms of compensation, click on the button below for an evaluation. This step could be instrumental in aiding you towards gaining some semblance of justice amidst irreplaceable loss. We are here at Carlson Bier as not just attorneys but compassionate partners standing unitedly with you on this journey towards reclamation and recovery.

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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 Lanark

Areas of Practice in Lanark

Two-Wheeler Collisions

Proficient in legal advocacy for persons injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Flame Burns

Supplying expert legal advice for individuals of serious burn injuries caused by events or indifference.

Clinical Malpractice

Providing specialist legal assistance for victims affected by clinical malpractice, including wrong treatment.

Goods Liability

Taking on cases involving problematic products, supplying specialist legal guidance to customers affected by faulty goods.

Aged Mistreatment

Supporting the rights of nursing home residents who have been subjected to misconduct in nursing homes environments, ensuring restitution.

Tumble & Tumble Incidents

Adept in dealing with slip and fall accident cases, providing legal assistance to victims seeking compensation for their losses.

Neonatal Traumas

Supplying legal support for kin affected by medical misconduct resulting in birth injuries.

Auto Mishaps

Incidents: Concentrated on helping clients of car accidents obtain just settlement for injuries and losses.

Scooter Crashes

Committed to providing representation for riders involved in bike accidents, ensuring just recovery for damages.

Truck Mishap

Extending expert legal advice for individuals involved in semi accidents, focusing on securing adequate claims for harms.

Building Crashes

Focused on supporting staff or bystanders injured in construction site accidents due to recklessness or recklessness.

Cognitive Impairments

Specializing in extending expert legal advice for persons suffering from neurological injuries due to accidents.

Canine Attack Harms

Adept at managing cases for victims who have suffered injuries from K9 assaults or animal assaults.

Foot-traveler Accidents

Dedicated to legal representation for pedestrians involved in accidents, providing expert advice for recovering claims.

Unfair Loss

Advocating for families affected by a wrongful death, supplying sensitive and expert legal support to ensure justice.

Vertebral Impairment

Specializing in representing victims with vertebral damage, offering professional legal support to secure redress.

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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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