Wrongful Death Attorney in Addison

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About Carlson Bier Associates

In the unfortunate event of losing a loved one due to someone else’s negligence or wrongdoing, securing the right legal representation is crucial. Carlson Bier emerges as a leading choice for wrongful death litigation within Addison and its surroundings. Renowned for their consummate professionalism and empathetic approach, this law firm ensures that such delicate matters receive appropriate care and attention at all times. The attorneys at Carlson Bier thoroughly understand Illinois’ wrongful death statutes, successfully navigating numerous clients through complex litigation landscapes involving diverse scenarios of avoidable deaths. They stand committed to bringing justice in these profoundly distressing circumstances, striving diligently for fair compensation on behalf of their grieving clientele. Besides impeccable negotiation skills, Carlson Bier offers unparalleled courtroom competency—a blend integral to high-stakes cases like wrongful deaths—ensuring your interests are effectively protected. Choosing Carlson Bier means choosing experienced advocates who turn over every stone when untangling fault lines in personal injury incidents leading to tragic ends—an essential aspect while pursuing truth and justice amidst despair.

About Carlson Bier

Wrongful Death Lawyers in Addison Illinois

At Carlson Bier, we are a group of expert personal injury attorneys based in Illinois and dedicated to serving our community. As specialists in the field, we place strong emphasis on cases involving wrongful death – one of the most devastating instances anyone could experience. Learning about this facet of law is vital not just when you’re subject to it but also as proactive knowledge.

Wrongful death characterizes situations where someone’s negligent or intentional acts result in another person’s demise. It is an area of personal injury law that allows the surviving members or estate of a deceased person to file lawsuits against those responsible for their loved ones’ death.

Here are some crucial things you should know about wrongful deaths:

– The lawsuit applies only to civil court actions; it doesn’t apply to criminal charges related to the causative incident.

– Only specific family members can file a wrongful death lawsuit: these typically include immediate family members such as spouses, children, and parents.

– Similarly important is understanding who can be sued for wrongful death. This depends on who was at fault, and can range from individuals like drunken drivers or careless physicians, businesses like drug manufacturers found liable for dangerous substances distributed without proper warning labels, or governmental agencies reported not maintaining safe roadways.

As your steadfast legal support team at Carlson Bier, our priority lies in getting you through these tough times by ensuring justice. We understand that coping with your loss while undertaking complex litigation processes is difficult; hence our commitment goes beyond merely securing fair compensation for your loss – we stand by you every step of the way.

While monetary relief won’t replace what’s been cruelly lost, damages awarded in a wrongful death claim may cover medical costs prior to death due to negligence/injury-dictated conditions, funeral/burial expenses along with potential earnings (if decedent had lived), benefits lost upon death e.g., health insurance coverage until retirement age if relevant; non-monetary aspects are also covered, such as loss of companionship or pain and suffering endured pre-death.

It is essential to recognize the strict statutes of limitations when it comes to wrongful death cases in Illinois- typically being two years from the date of death. However, these can vary depending on specifics so timely and proper legal advice becomes crucial.

At Carlson Bier, we understand that trust forms an integral part of any attorney-client relationship – especially when one is suffering a substantial personal loss. Our firm assures you complete transparency throughout your association with us, alleviating unnecessary stress wherever possible during this painful journey.

Remember – knowledge is power. While understanding the basics of wrongful death claims in Illinois may be overwhelming, having this information at your disposal can fortify you against worse eventualities while helping us ensure that rightful justice prevails for your loved one who was tragically taken away.

The truth about personal injury law in general and wrongful deaths specifically can often be shrouded behind dense cloud covers of legalese-language contracts/policies and complex court procedures; despite which, seeking redressal remains available as long our able support guides you by simplifying processes into manageable steps towards achieving fair outcomes for all involved parties.

Seeking assistance from skilled professionals like us not only boosts chances towards securing maximum due compensation but more importantly ensures mental peace through oft-stressed moments relieving burden shared via guidance across unfamiliar territories thus enabling focus on grief management rather than peripheral concerns though undoubtedly important too.

Excavating deep into our wealth of experience accumulated over many successful litigation campaigns guarantees lucid procedural explanations making complicated concepts comprehensible sans heavy jargon until finally reaching stage where discussion leads to decision-making regarding potential next steps following tragedy-struck incidents ending unfortunately fatal consequences triggering legitimate lawsuits ultimately culminating resolution whether negotiated outside courts or fought within judicial premises either way leading collectively effective conclusion satisfactory valued clients whom every day seem slightly brighter always remembering memorable exchange ‘Thank You!’

Fancy discovering how much your case could potentially be worth? Click on the button below and take the first step towards reclaiming justice for your loved one’s untimely demise. Let us, the certified professional personal injury attorneys at Carlson Bier, carry you through these trying times with sensitized guidance and unwavering support.

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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 Addison

Areas of Practice in Addison

Bicycle Mishaps

Specializing in legal support for individuals injured in bicycle accidents due to others' carelessness or perilous conditions.

Scald Damages

Supplying professional legal services for individuals of intense burn injuries caused by accidents or misconduct.

Physician Incompetence

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

Commodities Fault

Addressing cases involving problematic products, offering skilled legal guidance to individuals affected by faulty goods.

Aged Neglect

Defending the rights of nursing home residents who have been subjected to abuse in senior centers environments, ensuring compensation.

Tumble & Slip Occurrences

Expert in handling trip accident cases, providing legal advice to sufferers seeking redress for their injuries.

Infant Harms

Supplying legal help for families affected by medical malpractice resulting in newborn injuries.

Car Accidents

Mishaps: Dedicated to assisting sufferers of car accidents secure just settlement for injuries and damages.

Motorcycle Crashes

Focused on providing legal assistance for bikers involved in scooter accidents, ensuring adequate recompense for harm.

Semi Collision

Providing expert legal assistance for drivers involved in truck accidents, focusing on securing adequate recovery for harms.

Worksite Collisions

Committed to supporting workmen or bystanders injured in construction site accidents due to recklessness or carelessness.

Head Impairments

Specializing in delivering compassionate legal support for victims suffering from cognitive injuries due to incidents.

Dog Bite Harms

Skilled in dealing with cases for victims who have suffered wounds from K9 assaults or wildlife encounters.

Foot-traveler Incidents

Focused on legal representation for pedestrians involved in accidents, providing comprehensive support for recovering damages.

Undeserved Passing

Standing up for families affected by a wrongful death, extending compassionate and professional legal guidance to ensure redress.

Spinal Cord Impairment

Expert in supporting patients with spine impairments, offering specialized legal assistance to secure justice.

Contact Us Today if you need a Person Injury Lawyer