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Wrongful Death Attorney in Algonquin

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When faced with an unfortunate event involving a wrongful death case in Algonquin, Carlson Bier is your best ally. With extensive experience navigating the complexities of Illinois law, our attorneys are notably skilled at fighting for justice on behalf of grieving families. Understanding that such cases require more than legal knowledge, we assure you compassionate subtlety and delicacy throughout this journey. Our mission always revolves around securing fair compensation while you focus on healing emotionally. Being well-versed strategists sets us apart as leaders within the arena of wrongful death litigation, making us assume maximum personal responsibility during these disrupting times – offering support when our clients need it most! At Carlson Bier, we dedicate ourselves to holding those accountable who have caused harm or loss due to negligence or intentional actions. Trust our proven track record to provide optimal outcomes in seeking retribution for your loss by asserting appropriate legal steps toward resolution and compensation purposes; not merely representation but partnership in pursuit of justice.

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About Carlson Bier

Wrongful Death Lawyers in Algonquin Illinois

When it comes to the painful reality of dealing with a wrongful death case, Carlson Bier personal injury attorneys are steadfast companions advocating for you on your journey to justice. Based in Illinois, we assist families suffering from the unexpected loss of their loved ones due to someone else’s negligence or intentional wrongdoing.

Wrongful death can be described as a scenario where a person loses their life owing to either the deliberate act or neglectful behavior of another party. The complexity surrounding such cases lie not only in establishing guilt but also attributing direct causality between actions and outcome. These types of lawsuits typically manifest following criminal trials during which evidence is gathered and evaluated, however they require lower proof standards than criminal cases.

There are several common scenarios that could result in a wrongful death suit:

• Medical malpractice – When medical professionals fail to follow standard procedures resulting in fatal consequences.

• Automobile accidents – Where reckless driving or incompetence may have played a major role.

• Workplace incidents – Cases related to failure by employers providing safe working conditions leading to fatalities.

In situations involving wrongful deaths, it’s important for family members to understand their legal rights. As per Illinois law, these individuals may seek compensation aimed at recovering damages relating directly and indirectly from loss including:

• Medical expenses incurred prior to death

• Funeral expenses

• Loss of future earnings potential

• Pain and suffering endured before passing away

Yet, deciding appropriate monetary value associated with each type does pose its own challenges when seeking just resolution – complexities best navigated under guidance of an experienced attorney group like ours at Carlson Bier.

Victims’ families often grapple with civil liability versus criminal culpability questions – understanding differences is vital. Criminal cases punish perpetrators serving societal interests while wrongful death suits focus on compensating survivors for their losses.

Illinois Wrongful Death Act allows certain family members (usually surviving spouse or children) bringing forth claims restituting losses resulting from loved one’s premature demise, while Survival Action permits estate executor or administrator seeking compensation on behalf of the decedent themselves for losses experienced between injury occurrence and eventual death.

It’s important to note that statute of limitations in Illinois for wrongful death claims is usually within two years from date of death, thus rendering prompt legal action crucial. We at Carlson Bier understand these intricate details ensuring that you don’t miss any valuable opportunity in quest for justice.

Our compassionate team’s dedication goes beyond nuances of law addressing unique emotional circumstances surrounding every case – we work not just as your advocates but as partners sharing your loss understanding need for closure. We ensure transparent communication throughout the process keeping you informed about potential hurdles and setting realistic expectations, while tirelessly working towards achieving best outcome possible.

We want to empower those navigating through tough times following a devastating loss – providing essential information about wrongful death cases is part of our commitment to deliver beyond just legal assistance. Remembering that although no amount can truly compensate loss endured, rightful restitution offers families some solace assisting in overcoming financial hardships brought upon by unforeseen tragedy.

You may find yourself asking “how much is my case worth?” To answer this cardinal question depends entirely on specifics related to your individual situation which can only be accurately determined by a professional personal injury attorney who understands workings intricacies associated with Illinois law. Your journey to justice starts with a click on the button below where we await ready to guide you out of darkness into light detailing what compensatory possibilities lie ahead within confines of your case. Together at Carlson Bier, let us take first step healing through course towards justice; because nothing matters more than restoring peace amidst chaos left behind by life’s untimely cruelties.

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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 Algonquin

Areas of Practice in Algonquin

Cycling Crashes

Proficient in legal representation for clients injured in bicycle accidents due to negligent parties' lack of care or risky conditions.

Scald Traumas

Extending expert legal services for victims of severe burn injuries caused by events or carelessness.

Clinical Malpractice

Delivering experienced legal services for patients affected by physician malpractice, including misdiagnosis.

Merchandise Obligation

Taking on cases involving defective products, providing expert legal assistance to consumers affected by defective items.

Nursing Home Misconduct

Protecting the rights of elders who have been subjected to malpractice in aged care environments, ensuring compensation.

Fall & Tumble Injuries

Professional in managing fall and trip accident cases, providing legal support to persons seeking recovery for their losses.

Birth Harms

Offering legal aid for families affected by medical negligence resulting in childbirth injuries.

Auto Collisions

Crashes: Focused on supporting sufferers of car accidents obtain reasonable settlement for damages and damages.

Scooter Incidents

Dedicated to providing representation for individuals involved in motorcycle accidents, ensuring adequate recompense for losses.

Semi Accident

Ensuring specialist legal services for clients involved in lorry accidents, focusing on securing adequate recompense for harms.

Building Mishaps

Committed to assisting staff or bystanders injured in construction site accidents due to negligence or misconduct.

Cognitive Harms

Specializing in ensuring specialized legal assistance for victims suffering from cerebral injuries due to negligence.

K9 Assault Injuries

Adept at tackling cases for clients who have suffered damages from puppy bites or beast attacks.

Foot-traveler Collisions

Focused on legal advocacy for foot-travelers involved in accidents, providing professional services for recovering compensation.

Unjust Passing

Working for bereaved affected by a wrongful death, delivering understanding and skilled legal representation to ensure justice.

Neural Damage

Committed to supporting clients with vertebral damage, offering expert legal assistance 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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