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Wrongful Death Attorney in Allendale

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About Carlson Bier Associates

Experiencing the pain of a wrongful death tragedy can be overwhelming. You require a dependable legal team such as Carlson Bier, tenaciously committed to advocating for victim’s rights throughout Illinois. We understand that families in Allendale facing these distressing episodes deserve justice and potential financial compensation for theirs losses. Specializing in Wrongful Death litigation, our vast expertise allows us to meticulously navigate through complex cases to bring responsible parties into accountability while extending compassionate support during your difficult time.

Carlson Bier, Personal Injury Lawyers are recognized across Illinois for an impeccable track record with proven results; rest assured you’re entrusting your case to accomplished professionals who prioritise your interest above everything else.

With Carlson Bier by your side, you leverage comprehensive investigative resources ensuring every aspect of the case is thoroughly explored towards maximizing restitution. Remember – our firm operates on a “No Win-No Fee basis,” assuring you have nothing to lose and potentially much to gain.

Wrongful Death cases demand attentive handling; choose Carlson Bier – Illinois’ leading lights in representing bereaved clients bearing the strain of untimely loss experienced due to wrongful actions. Reach out today for sensitivity balanced with relentless pursuit of justice.

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About Carlson Bier

Wrongful Death Lawyers in Allendale Illinois

Navigating the complex and often overwhelming realm of personal injury law, particularly in relation to wrongful death cases, is a stressful endeavor for anyone. At Carlson Bier, we understand this because advocating for families facing such devastation is at the core what we do. Located in Illinois, among our area of expertise is representing clients involved in wrongful death suits. With years of experience under our belt coupled with a dedication to preserving your rights, we are well equipped to offer sound legal representation.

A wrongful death claim can be initiated when an individual’s death occurs due to another party’s negligence or recklessness. In most instances, these cases stem from car accidents, medical malpractice, workplace accidents amongst other scenarios that would sadly result in loss of life. Navigating these circumstances requires knowledge not just about the general rule but also specific exceptions or limitations set by state laws like those governing here in Illinois.

• Wrongful Death Claims: An array of damages can be claimed within a lawsuit – financial support provided by deceased prior his/her demise; cost associated with funeral arrangements; diminished inheritance for surviving dependents; and emotional distress encountered by family members.

• Statute Of Limitations: Time duration within which one should initiate lawsuit after occurrence of wrongful death. For us residing in Illinois, this span lasts up until two years post-event.

• Filing Lawsuit: Only certain close relations have authorization to file claim on behalf of decedent’s estate which includes – spouse or immediate children and occasionally parents

• Comparative Negligence Rule: If both parties bear some degree of fault contributing to caused fatality then it’s weighed against settlement amount.

Engaging skilled lawyers like ours at Carlson Bier ensures you navigate through each stage meticulously while adhering to distinct timelines and criteria mandated by law. We remain steadfastly committed towards offering valued professional representation throughout this arduos process whilst maintaining appropriate sensitivity requisite during such traumatizing times.

The value your case holds in a Wrongful Death suit seems highly dependent upon various factors inclusive of age, employment status, dependents and health condition prior to death. Each case varies greatly from another due to the distinct circumstances surrounding each incident – making it nearly impossible to ascertain without professional consultation.

Despite bearing semblance with Personal Injury claims, wrongful death lawsuits diverge distinctly especially given how damages are calculated based not on pain or suffering encountered by victim but instead loss experienced by surviving family members – both emotionally and financially.

Ensuring you walk away with maximum settlement involves calculating every relevant aspect involved which could easily be overlooked without qualified legal counsel in your corner. At Carlson Bier we shoulder this heavy burden so that you focus entirely on dealing with the personal impact of this tragedy rather than getting tangled up in sophisticated legal proceedings.

Carlson Bier’s time-tested strategy combined with our broad knowledgebase customized for Illinois jurisdiction allows us to counter any resistance aimed towards diminishing value of your claim enabling us to secure justice deserved on your behalf.

In light of such complexities inherent within pursuing Wrongful Death suits particularly those coinciding with grief makes seeking guidance from committed professionals imperative inorder to protect your rights as well as interests of deceased loved one. Team at Carlson Bier communicates transparently throughout entire process ensuring utmost clarity devoid confusion commonly linked navigating such intricate web of regulations unique per jurisdiction like ours here in Illinois.

Navigating through these turbulent times alone can seem daunting – but accept that help is available when needed most. Click the button below now; Let’s delve together into unravelling exactly what compensation potential your unique case holds under our expert guidance at Carlson Bier Group, helping bring some form of closure so crucial during these trying times.

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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 Allendale

Areas of Practice in Allendale

Bicycle Incidents

Dedicated to legal advocacy for victims injured in bicycle accidents due to other parties' negligence or dangerous conditions.

Scald Injuries

Extending professional legal help for victims of severe burn injuries caused by mishaps or negligence.

Clinical Misconduct

Ensuring professional legal assistance for victims affected by medical malpractice, including medication mistakes.

Items Fault

Dealing with cases involving problematic products, providing adept legal guidance to customers affected by product-related injuries.

Geriatric Mistreatment

Defending the rights of nursing home residents who have been subjected to misconduct in elderly care environments, ensuring fairness.

Slip and Stumble Incidents

Skilled in addressing stumble accident cases, providing legal assistance to persons seeking restitution for their harm.

Birth Harms

Delivering legal guidance for relatives affected by medical carelessness resulting in birth injuries.

Car Accidents

Collisions: Focused on guiding sufferers of car accidents gain fair remuneration for wounds and impairment.

Two-Wheeler Incidents

Specializing in providing legal assistance for riders involved in scooter accidents, ensuring adequate recompense for damages.

Truck Collision

Offering expert legal support for individuals involved in truck accidents, focusing on securing rightful compensation for losses.

Worksite Accidents

Focused on assisting workmen or bystanders injured in construction site accidents due to recklessness or recklessness.

Neurological Traumas

Focused on ensuring compassionate legal representation for patients suffering from brain injuries due to carelessness.

Dog Attack Injuries

Specialized in tackling cases for people who have suffered harms from K9 assaults or creature assaults.

Foot-traveler Mishaps

Specializing in legal support for foot-travelers involved in accidents, providing effective representation for recovering damages.

Wrongful Fatality

Working for bereaved affected by a wrongful death, providing compassionate and professional legal assistance to ensure redress.

Spinal Cord Impairment

Dedicated to representing persons with spine impairments, offering dedicated legal assistance to secure recovery.

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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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