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Wrongful Death Attorney in Antioch

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About Carlson Bier Associates

When faced with the unimaginable pain and grief of a wrongful death, it is crucial to have legal representation that signifies trust, compassion, and relentless pursuit for justice. This is what Carlson Bier represents as an esteemed law firm specializing in Wrongful Death cases. Founded on the principles of integrity, empathy, and fierce advocacy-for-justice; our seasoned attorneys demonstrate more than just expert handling of complex legal battles – we bring humane support during your most challenging times. As experts in Illinois state laws surrounding wrongful deaths coupled with vast experience in pursuing rightful compensations; we’ve been successful advocates for numerous families who have lost loved ones due to negligence or recklessness. We at Carlson Bier are committed to eradicating the distressing burden that comes after such traumatic loss by ensuring you receive fair compensation – offering some solace amid profound grief. Trust us: we are not another cold institution – instead, we’re compassionate fighters actively striving towards securing far-reaching justice for every client’s life altered wrongfully and tragically.

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About Carlson Bier

Wrongful Death Lawyers in Antioch Illinois

At Carlson Bier, we are a dedicated personal injury attorney group based in Illinois with vast experience and an intimate understanding of what it means to navigate the complexities of Wrongful Death claims. The compassionate team recognizes that every case is unique – as is every grieving family.

Wrongful death occurs when someone dies due to the negligence or misconduct of another party. In Illinois, wrongful death cases can arise from various incidents, including medical malpractice, car accidents, workplace accidents, product liability issues or intentional acts of harm.

There are several key components one must consider when dealing with such cases:

• Proving Negligence: To win a wrongful-death lawsuit, you must be able to prove that the defendant’s negligent behavior was directly responsible for the victim’s death.

• Statute of Limitations: Generally speaking, you have two years from the date of your loved one’s death to file a wrongful-death claim.

• Compensation Elements: You may potentially recover damages for funeral expenses & burial costs; lost wages; loss of companionship; pain and suffering experienced by the deceased before they died.

Understanding who can make wrongful death claims is vital in these situations. As per Illinois’ statutes on this matter, typically immediate family members like spouses or children have the legal authority to sue for wrongful death benefits. Surviving parents may also claim if their child suffered a wrongful death while minors (those under 18) may rely on an appointed representative who is usually a parent or guardian.

An often ignored but crucial aspect refers to partnerships vs corporations where there has been a wrongful act resulting in fatalities. For instance, certain organizations like hospitals fall under sovereign immunity protections making them immune from prosecution. However, there are workarounds involving special dispensation requests – yet again indicating how complex this discipline can be!

Retaining experienced counsel will help guide you through each step – ensuring nothing falls through cracks whilst masterfully telling your story whether at settlement negotiations or under the stern gaze of a courtroom judge. At Carlson Bier, our priority is to help you get compensated for your loss while giving you one less thing to worry about during your bereavement period.

It may seem overwhelming considering filing possible lawsuits while in the throes of grieving a loved one. However, it’s important to protect your rights and ensure that justice prevails even amidst the turbulence caused by tragic loss. That said, being unaware of certain legal rights could perhaps be more costly – forgetting legal time limits for instance could potentially harm claim eligibility!

Proving negligence or misconduct can often become an uphill task due to technicalities involved and in-depth investigations required. The good news though? Our experienced personal injury attorneys at Carlson Bier are adept at meticulously building strong cases – collecting vital evidence which stands up rigorously against any defense contravened.

Our integrity coupled with experience makes us uniquely qualified in tackling complex wrongful death litigation while staying committed to securing better compensation for clients who have tragically lost their loved ones due to another’s wrongdoing.

With offices conveniently located across Illinois; clients never have far to travel when seeking professional counsel in person; however irrespective of commute-ability please do not hesitate reaching out virtually should logistics prove insurmountable!

Whatever life throws at you – rest assured we’re there with all the expert backup you need! Take action now; Click on the button below. Don’t leave this page without discovering how much your case might be worth – knowledge is leverage after all; no strings attached! One small click today could offer meaningful relief tomorrow via life-changing compensation rightfully owed from some past unlucky misfortune.

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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 Antioch

Areas of Practice in Antioch

Cycling Accidents

Specializing in legal services for clients injured in bicycle accidents due to negligent parties' lack of care or hazardous conditions.

Fire Wounds

Supplying skilled legal support for people of grave burn injuries caused by occurrences or negligence.

Hospital Carelessness

Extending expert legal representation for patients affected by healthcare malpractice, including surgical errors.

Items Responsibility

Dealing with cases involving unsafe products, supplying professional legal services to customers affected by product-related injuries.

Elder Neglect

Protecting the rights of elders who have been subjected to neglect in nursing homes environments, ensuring fairness.

Trip & Slip Incidents

Professional in addressing fall and trip accident cases, providing legal representation to persons seeking redress for their losses.

Newborn Traumas

Delivering legal support for kin affected by medical incompetence resulting in birth injuries.

Car Mishaps

Mishaps: Concentrated on helping patients of car accidents receive fair payout for wounds and impairment.

Scooter Incidents

Focused on providing representation for individuals involved in bike accidents, ensuring rightful claims for damages.

Semi Accident

Extending expert legal representation for clients involved in truck accidents, focusing on securing fair compensation for harms.

Building Site Crashes

Focused on representing employees or bystanders injured in construction site accidents due to recklessness or carelessness.

Cognitive Impairments

Specializing in delivering professional legal services for patients suffering from cerebral injuries due to carelessness.

Dog Bite Injuries

Skilled in tackling cases for persons who have suffered traumas from puppy bites or animal assaults.

Cross-walker Collisions

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

Wrongful Passing

Working for grieving parties affected by a wrongful death, supplying empathetic and adept legal services to ensure compensation.

Spinal Cord Harm

Committed to representing victims with spine impairments, offering professional legal support 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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