Wrongful Death Attorney in Albany Park

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About Carlson Bier Associates

Suffering the loss of a loved one due to negligence can be an overwhelming experience. During this emotional time, it’s comforting to have Carlson Bier at your side handling wrongful death matters with dedication and consideration for your situation. Recognized as leaders in the pursuit of justice, Carlson Bier is highly credentialed within the legal realm of Illinois, ensuring unrelenting advocacy for families impacted by wrongful deaths. While we service clients across different cities including Albany Park – where we are proud to provide support and representation – our expertise lies in navigating these complex cases with empathy and innovation. Our approach goes beyond traditional law practice; we leverage strategic resources while offering personalized attention that brings solace during times when you need it most. Partner with us at our esteemed firm Carlson Bier; allow us to transform your anguish into action against those responsible so you can find peace amidst pain.

About Carlson Bier

Wrongful Death Lawyers in Albany Park Illinois

At Carlson Bier, we specialize in personal injury law and are based in Illinois. We understand that nothing can bring back a loved one who was wrongfully taken from your life. But when such tragic events occur due to the negligence or misconduct of others, pursuing a wrongful death lawsuit can be an important step towards achieving justice and securing financial compensation for surviving family members.

Wrongful Death entails a legal claim where someone dies because another person acted negligently or intentionally caused harm. This responsibility falls under tort law, which seeks to compensate victims and their families for losses suffered from the wrongful conduct of others.

• The primary aim of Wrongful Death laws is to provide relief to those who were financially dependent on the deceased.

• A successful case may allow beneficiaries to recover damages like lost wages, medical expenses, funeral costs, loss of companionship among other potential claims.

• Acting promptly can save vital evidence and testimonies that contribute significantly towards building a solid legal argument.

To initiate a Wrongful Death lawsuit in Illinois:

1) Establish standing: To pursue a wrongful death case, you must first prove you are legally eligible. Generally speaking, immediate family members like spouses or children have clear standing but it’s always best to consult with an attorney.

2) Prove Duty of Care: Subsequently proven has to be that the defendant owed the decedent some level of duty care (e.g., obeying traffic rules while driving), which they failed to adhere by acting recklessly – thereby causing injury leading up-to untimely demise.

3) Liability & Damages: Lastly establish proof tying wrongful act(s) directly with disturbing loss incurred; demonstrating extent & nature relative damage facets brought about after mishaps on one’s erstwhile peaceable existence!

Now let’s come across how navigates murky litigation waters:

* Investigation Phase: Evidences considered vary suitably depending upon multifarious circumstances wherein parties involved find themselves entangled amidst–perhaps it’s vehicle collision, medics’ error(s), workplace hazard! Anyway our professional experts handle each such difficult situation carefully putting together intricate puzzle pieces helping draw conclusive inference thereof. Then pertinent documents get drawn subsequently filed before local court seeking justice favoring victims’ aggrieved plight.

* Pre-Trial & Negotiations: Court hearings precede granting both sides adequate chances for presenting their respective arguments; based on which justified verdict(s) evolve out resolving contentious matters amicably offering due rewards corresponding to losses afflicted during course of tragic accidents that occurred uninvitedly surprisingly so!

* Trial Stage: If mutual agreements haven’t been reached yet then cases proceed forth whence jury members listen attentively considering lofty pleas rendered from both directions–only after thoughtful deliberative sessions do they arrive at fair equations distributing lawful compensations amongst rightful claimants thus ensuring benign satisfaction spreads around eventually triumphing over ill-gotten grievances etched deep within innocent hearts.

The journey of a wrongful death lawsuit can be complex and emotionally draining. But rest assured that as Carlson Bier attorneys, we commit ourselves fully to your case, employing a meticulous approach in tackling every challenge that might arise as we pursue the compensation you justly deserve.

Remember, laws surrounding wrongful deaths vary significantly across jurisdictions making it crucial to engage with an attorney whose specialization lies in this field (like us here)! Timeliness too holds paramount importance since late filings can potentially bar you from claiming compensation altogether according to Illinois Statute limitations governing wrongful death actions put gracefully into play statewide influencing jurisdictional legal machinery dynamic outlook overall prospects determining successful outcomes derived therefrom ultimately rallying behind futile cause nobly advanced benefiting all those involved effectively and efficiently.”

Our dedicated team at Carlson Bier invites you now to click the button below if wish know what your case is worth! We stand ready by side assuring relentless pursuit carving out efficacious trails leading towards optimal resolution desired amidst unfortunate unforeseen circumstances already escalated presently existing elevated demand!

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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 Albany Park

Areas of Practice in Albany Park

Bike Accidents

Proficient in legal support for victims injured in bicycle accidents due to others's indifference or risky conditions.

Flame Burns

Giving professional legal support for people of grave burn injuries caused by mishaps or recklessness.

Medical Malpractice

Extending experienced legal representation for persons affected by physician malpractice, including wrong treatment.

Products Fault

Taking on cases involving faulty products, offering skilled legal services to consumers affected by defective items.

Senior Mistreatment

Advocating for the rights of nursing home residents who have been subjected to mistreatment in elderly care environments, ensuring protection.

Fall & Stumble Injuries

Skilled in managing tumble accident cases, providing legal services to individuals seeking justice for their damages.

Infant Wounds

Supplying legal guidance for kin affected by medical misconduct resulting in childbirth injuries.

Automobile Mishaps

Incidents: Dedicated to assisting sufferers of car accidents secure fair compensation for damages and losses.

Two-Wheeler Crashes

Committed to providing legal services for motorcyclists involved in motorbike accidents, ensuring rightful claims for injuries.

Semi Accident

Offering adept legal support for persons involved in trucking accidents, focusing on securing rightful compensation for losses.

Construction Mishaps

Dedicated to supporting laborers or bystanders injured in construction site accidents due to oversights or irresponsibility.

Neurological Harms

Committed to offering expert legal advice for victims suffering from head injuries due to incidents.

Canine Attack Damages

Specialized in tackling cases for persons who have suffered injuries from puppy bites or wildlife encounters.

Pedestrian Incidents

Dedicated to legal representation for cross-walkers involved in accidents, providing dedicated assistance for recovering restitution.

Undeserved Loss

Advocating for bereaved affected by a wrongful death, supplying caring and professional legal support to ensure justice.

Spinal Cord Injury

Dedicated to advocating for individuals with backbone trauma, offering dedicated legal support to secure settlement.

Contact Us Today if you need a Person Injury Lawyer