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Wrongful Death Attorney in Arcola

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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

At Carlson Bier, we recognize and understand the torment associated with the wrongful death of a loved one. Our firm possesses extensive experience in this complex field of law, lending our skills to support regrettably affected families in Arcola with unwavering commitment. Empathetic yet steadfast, we handle each case delicately yet vigorously fight for rightful justice. Our pursuit is beyond mere legal representation; it extends to offering comprehensive guidance throughout the challenging aftermath that follows such an unfortunate incident. We provide conclusive evidence establishing liability unequivocally due to carelessness or intentional hurt leading to tragic consequences comprehensively aligning with Illinois statutes on wrongful deaths. This makes us most considered among individuals seeking maximum compensation against their profound losses – both emotional and financial despair encountered after losing someone prematurely by another’s actions especially in Arcola. At Carlson Bier, we advocate not just as lawyers but as comforting companions during your turbulent times striving relentlessly until every deserved claim is fully recovered proportionate to your indescribable suffering._

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About Carlson Bier

Wrongful Death Lawyers in Arcola Illinois

When facing the harrowing reality of losing a loved one due to a wrongful death event, it’s vital to have experienced and steadfast legal representation in your corner. At Carlson Bier, one of the leading personal injury lawyer firms in Illinois, we are fully committed to ensuring that justice is served swiftly and competently.

Wrongful death cases can encompass a broad range of scenarios – from medical malpractice to car accidents and workplace incidents. Wrongful deaths occur when another party’s negligence or reckless behavior results in the preventable demise of an individual. The aftermath following such tragic events doesn’t merely leave emotional scars – they often lead to financial hardships for surviving family members too.

Grieving families may face insurmountable hospital bills, funeral costs, loss of income collected by their late loved ones, loss of future earnings if they were expected providers for many years ahead; not forgetting non-economic damages like pain and suffering. The inherent complexity in these cases demands knowledgeable and strong-handed lawyers that can navigate this difficult terrain on behalf of the bereaved.

Carlson Bier specializes in effectively advocating on behalf of our clients who are confronted with these challenging circumstances by:

• Exhaustively gathering evidential support highlighting fault

• Accurately assessing total current & potential future losses: emotional anguish and economic damage

• Positioning compelling arguments conceding no slackening for negligent offenders

• Seeking maximum compensation attainable under Illinois law

With experience spanning decades handling wrongful death suits within Illinois state jurisprudence framework, our attorney squad at Carlson Bier innately understands nuanced strategies adapting promptly as case dynamics evolve: providing cogent advice world-class professional empathy.

Our litigators also recognize that time is paramount since every claim has stringent stipulation deadlines dictated by Illinois’ statute limitations- known as time bars serving as countdowns until you forfeit your rights to litigation regarding wrongful death claims collectively referred to as ‘the Statute Limitations Act’ As per Illinois law:

• One year from the date of death, if it is due to intentional violent act

• Two years if it involves medical malpractice

• Within two years for wrongful deaths falling under general negligence

A crucial aspect to remember in wrongful death cases within our state, clarified by our capable lawyers at Carlson Bier, is that only ‘a personal representative’ may file a claim. Such individuals are often closely related: spouses or children; but can also be parents or siblings.

Losing someone you love in circumstances where their untimely demise could have been prevented seems unbearable and rightfully so. But with the right legal partner such as Carlson Bier by your side, fighting against indifference and swimming through these troubled waters need not be as daunting.

While no amount of compensation brings loved ones back nor assuages grief fully; holding those responsible accountable via penalties going some way toward bringing closure coupled with deserved justice ensuring greater care by parties otherwise indisposed without fear retribution.

Through a strategic blend of compassionate client service and aggressive litigation approaches– honed perfectly over many successful cases we’ve represented- we’ve successfully navigated countless clients through this challenging situation, securing valuable settlements aiding greatly on their paths towards healing and financial stability post-tragedy.

Learn more about how much your case might be worth; click on the button below. By arming yourself with knowledge straight from Carlson Bier’s expert attorneys renowned throughout Illinois for delivering real results – you set the first stone in the path toward justice.

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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 Arcola

Areas of Practice in Arcola

Pedal Cycle Collisions

Focused on legal assistance for victims injured in bicycle accidents due to other parties' recklessness or perilous conditions.

Scald Injuries

Providing skilled legal services for people of grave burn injuries caused by occurrences or recklessness.

Clinical Malpractice

Offering experienced legal representation for persons affected by clinical malpractice, including negligent care.

Products Accountability

Addressing cases involving unsafe products, providing adept legal support to individuals affected by product malfunctions.

Aged Abuse

Defending the rights of seniors who have been subjected to neglect in nursing homes environments, ensuring restitution.

Stumble and Tumble Accidents

Skilled in tackling tumble accident cases, providing legal assistance to persons seeking recovery for their injuries.

Neonatal Injuries

Delivering legal aid for households affected by medical incompetence resulting in neonatal injuries.

Motor Accidents

Collisions: Focused on guiding victims of car accidents get fair recompense for wounds and destruction.

Bike Crashes

Expert in providing representation for bikers involved in scooter accidents, ensuring rightful claims for losses.

Big Rig Accident

Offering expert legal assistance for individuals involved in semi accidents, focusing on securing adequate recompense for damages.

Building Incidents

Dedicated to defending workers or bystanders injured in construction site accidents due to negligence or recklessness.

Brain Traumas

Expert in providing specialized legal representation for patients suffering from cognitive injuries due to misconduct.

K9 Assault Traumas

Expertise in managing cases for victims who have suffered injuries from dog bites or creature assaults.

Jogger Mishaps

Expert in legal support for walkers involved in accidents, providing comprehensive support for recovering restitution.

Wrongful Loss

Standing up for families affected by a wrongful death, providing empathetic and experienced legal representation to ensure justice.

Spine Impairment

Expert in supporting victims with spinal cord injuries, offering expert legal services to secure justice.

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