Wrongful Death Attorney in Summit

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About Carlson Bier Associates

If suffering from the sheer upheaval a wrongful death precipitates, consider Carlson Bier as your legal counsel. Our attorney group offers extensive experience in navigating Illinois’ intricate legal landscape of wrongful death lawsuits – accountability is sought tirelessly for every client residing in Summit and beyond. Commitment to clientele compassion sets Carlson Bier apart: we understand that processing loss during litigation can be immensely arduous. With keen attention to detail, each case entrusted to us undergoes meticulous review and stratagem formulation by skilled attorneys who invest unwavering persistence into achieving justice. Upholding mortality’s sacredness via judicial systems strives at our firm’s heart; hence Carlson Bier champions upholding negligent parties accountable for their actions—therefore benefiting not only our esteemed clients but also reinforcing societal responsibility norms within Summit community contextually as well.

Recognizing the paramountcy of trust in exerting effective representation, we invite individuals seeking comprehensive advice on wrongful death matters to connect with us -We will ensure you receive expert-level guidance on your distressing journey towards restitution.

About Carlson Bier

Wrongful Death Lawyers in Summit Illinois

At Carlson Bier, we specialize in personal injury law and understand how daunting the aftermath of a wrongful death can be. Headquartered in Illinois, our seasoned team of attorneys is committed to helping clients navigate this traumatic experience with empathy and expertise.

Wrongful death refers to any scenario where an individual loses their life due to someone else’s negligence or intentional harm. This includes instances such as car accidents caused by drunken driving, medical malpractice wherein health providers neglect their duty of patient care, workplace accidents resulting from non-compliance with safety norms, among others. Wrongful death claims are typically lodged on behalf of the deceased person’s estate by a representative.

As your trusted legal advisors, it’s important for us at Carlson Bier to highlight key aspects related to wrongful death cases. Some crucial facts include:

• Proof of Negligence: Essential for establishing liability; it means demonstrating that the defendant behaved irresponsibly or neglected their duties causing the fatality.

• The Statute of Limitations: In Illinois, you must file within two years following the date of the incident unless there are mitigating factors.

• Compensation Qualifications: Immediate family members — spouses or children — are authorized to seek compensation; parents may claim if the deceased person was unmarried and without children.

Negotiating through these challenging circumstances requires a blend of legal finesse and emotional acumen which our dedicated team brings in abundance. Our support extends beyond just courtroom representation – whether it’s counseling about grief and loss or providing practical advice on dealing with insurance companies after a tragic incident – we aim to shoulder some burdens during this heart-breaking time.

Moreover, valuable formative knowledge could serve as armor against potential pitfalls in the process. When partnering with Carlson Bier Law Firm:

-Expect complete transparency regarding legal procedures

-Rely on thorough analysis before proceeding forward

-Anticipate step-by-step guidance through each stage

-Wait knowing justice will be served

As a law firm dually vested in upholding justice and preserving the dignity of our clients, we diligently strive to procure rightful compensation for grief, funeral expenses, medical bills preceding death, loss of income as well as companionship. This entirety embodies the depth and breadth of our legal approach.

Our overarching goal is to help lessen your load by providing comprehensive legal assistance focusing on securing justice while you devote valuable time healing from this tragic occurrence. It may seem like an uphill battle when grappling with the pain of losing a loved one coupled with the stress about what comes next; but rest assured knowing that at Carlson Bier each case is handled with utmost priority laying emphasis on incessant communication to ensure clarity.

The promising reputation built over years by imparting unflinching dedication for achieving rightful settlements reflects firm-wide commitment towards client welfare. Our wrongful death lawyers work tirelessly until a satisfactory resolution is reached – which illustrates why choosing us equates partnering with relentless advocates determined to fight tenaciously in pursuit of justice.

It’s crucial amid such trying times not be overwhelmed when confronting unfamiliar territories like pursuing judicial recourse; let experienced attorneys handle those complications while offering understanding support helping you find resilience in distress maybe even closure eventually.

If you’re interested in learning more about how much your case could be worth or how we can assist during this very personal journey toward seeking closure and justice, click on the button below and set up an appointment today. Leverage upon our extensive experience for receiving guidance ahead thereby taking one step closer towards peace-of-mind during this challenging period.

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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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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 Summit

Areas of Practice in Summit

Cycling Collisions

Dedicated to legal representation for clients injured in bicycle accidents due to responsible parties' lack of care or dangerous conditions.

Thermal Burns

Supplying expert legal support for people of severe burn injuries caused by accidents or negligence.

Medical Malpractice

Offering professional legal support for persons affected by hospital malpractice, including negligent care.

Commodities Obligation

Managing cases involving unsafe products, delivering professional legal support to clients affected by defective items.

Aged Neglect

Advocating for the rights of the elderly who have been subjected to misconduct in care facilities environments, ensuring restitution.

Stumble and Stumble Injuries

Professional in tackling fall and trip accident cases, providing legal representation to persons seeking restitution for their suffering.

Neonatal Traumas

Delivering legal aid for relatives affected by medical malpractice resulting in neonatal injuries.

Automobile Collisions

Mishaps: Focused on guiding sufferers of car accidents obtain equitable payout for damages and harm.

Bike Collisions

Expert in providing legal services for individuals involved in motorbike accidents, ensuring rightful claims for injuries.

Truck Crash

Offering professional legal advice for persons involved in lorry accidents, focusing on securing fair compensation for losses.

Worksite Collisions

Concentrated on supporting employees or bystanders injured in construction site accidents due to oversights or negligence.

Cerebral Damages

Expert in delivering dedicated legal representation for victims suffering from cognitive injuries due to negligence.

Dog Bite Traumas

Proficient in managing cases for people who have suffered injuries from puppy bites or wildlife encounters.

Foot-traveler Crashes

Dedicated to legal services for cross-walkers involved in accidents, providing expert advice for recovering damages.

Wrongful Loss

Standing up for families affected by a wrongful death, delivering understanding and expert legal assistance to ensure compensation.

Neural Injury

Dedicated to representing victims with vertebral damage, offering dedicated legal guidance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer