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Wrongful Death Attorney in Argenta

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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 dealing with a heartbreaking occurrence like wrongful death, Carlson Bier is an exemplary choice for legal support. Grounded in principles of empathy, devotion to justice and deep-rooted knowledge of Illinois law, our firm delivers personalized legal assistance aimed at securing the best possible outcome for our clients. As Wrongful Death attorneys who appreciate the emotional and financial challenges you are confronting, we strive tirelessly to help achieve closure and hold those responsible accountable. At Carlson Bier, every case is profoundly personal as we passionately fight for victims’ rights while exhibiting utmost professional integrity. Our experience spans complex cases across Argenta where we’ve guided numerous families through these difficult times increasing their chances of receiving just compensation substantially. While no degree of financial remuneration can replace your loss or erase the pain endured; it may certainly assist with medical bills or lost income burdens that have surfaced unexpectedly due to this unfortunate event. Trust in Carlson Bier’s performance as your dedicated Wrongful Death lawyer group – relentlessly championing justice one family at a time.

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About Carlson Bier

Wrongful Death Lawyers in Argenta Illinois

At Carlson Bier, we understand the distress and desolation that accompany losing a loved one due to an unnecessary accident or someone else’s negligence. Navigating through such tumultuous times can be emotionally taxing, especially when burdened with legal complexities that come with wrongful death claims. Our Illinois-based team of personal injury lawyers is committed to serving as your compassionate advocates, safeguarding your rights while seeking justice for your grieving family.

Wrongful death represents instances where a person succumbs to injuries due to the negligent actions of another individual or institution. These cases form a core part of personal injury law, extending from motor vehicle accidents, workplace hazards to defective products and medical malpractice.

Key characteristics that define wrongful death include:

– Proof of negligence: The claimant must demonstrate the accused acted irresponsibly or failed in their duty causing consequences for others.

– Breach in Duty: It is essential to establish clear evidence of breach in responsibility by showing how the defendant didn’t fulfill their obligations.

– Causal link: Evidence illustrating direct causation between the defendent’s dereliction and victim’s fatality needs to be established.

– Damages: Tangible damages inflicted on survivors like financial strains, mental anguish & loss of companionship should be verifiable.

In Illinois, specific laws govern wrongful deaths. For instance,

the statute limitation mandates lawsuit filing within two years following the incident causing demise. Moreover, only representatives appointed by court (usually close kin), are eligible to pursue these claims.

Carlson Bier enhances your journey towards securing maximum compensation rightfully owed by assuring proficient service offerings such as;

explaining legal terminologies & procedures comprehensively guiding victims’ families through next steps after a tragic event aiding tactical negotiations against insurance companies rigorously building solid case foundations around applicable laws enforcing rightful eligibility for benefits covering various damages studying possible causes thoroughly investigating facts gathering critical records tending all court-relevant paperwork

As per Illinois law, wrongful death compensations can cover varying damages like medical costs, burial expenses, loss of benefits including wages or inheritance and even non-monetary ones such as emotional trauma.

The complexities encircling wrongful death incidents necessitate qualified legal assistance. Our dedicated attorneys at Carlson Bier effectively strategize your claims, leveraging years of experience in personal injury law to tackle various perspectives impacting these situations.

Initiating a claim solicits information necessary for investigation comprising details of the victim and the event which resulted in their demise. Engaging with us ensures comprehensive understanding & accurate presentation of all case facts while respecting your right to privacy

Navigating through this course requires succinct effort,stern determination & elusive patience but mostly emphatic support from allies who are well-versed with dynamics influencing outcomes. Count on our reliable team at Carlson Bier to guide you smoothly across each phase towards seeking justice for your beloved’s untimely departure due to someone else’s negligence.

Securing rightful compensation forms an essential step towards alleviation during grief-stricken times since it equips survivors sufficiently amidst adversity We sincerely hope this detailed overview mitigates doubts surrounding wrongful death lawsuits bringing value by enlightening key aspects shaping its realm.

Now that you have been equipped with knowledge about wrongful deaths and claim processes involved, consider getting professional help in order to balance emotions with decisions pertaining legal routes Discovering what rightfully belongs to you is no longer strenuous especially when able hands extend unflinching assistance Click on the below button now and take hold of crucial evaluation integral for knowledgeable progression Get an approximation regarding potential compensation applicable in individual circumstances aligned around Illinois laws Empower your quest against injustice together with Carlson Bier because every life matters so does the fight for fairness on behalf behalf of those called abruptly into eternal rest Due time waits upon no call Make yours today

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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 Argenta

Areas of Practice in Argenta

Bicycle Crashes

Specializing in legal support for clients injured in bicycle accidents due to other parties' negligence or risky conditions.

Fire Wounds

Supplying expert legal support for patients of serious burn injuries caused by mishaps or recklessness.

Physician Incompetence

Extending specialist legal services for individuals affected by healthcare malpractice, including negligent care.

Merchandise Liability

Addressing cases involving problematic products, extending professional legal assistance to victims affected by harmful products.

Senior Abuse

Supporting the rights of the elderly who have been subjected to misconduct in senior centers environments, ensuring protection.

Trip & Fall Occurrences

Expert in managing slip and fall accident cases, providing legal services to sufferers seeking recovery for their suffering.

Newborn Injuries

Providing legal guidance for loved ones affected by medical misconduct resulting in childbirth injuries.

Motor Incidents

Incidents: Dedicated to supporting victims of car accidents secure fair remuneration for harms and impairment.

Two-Wheeler Incidents

Dedicated to providing representation for bikers involved in two-wheeler accidents, ensuring justice for harm.

18-Wheeler Collision

Extending experienced legal assistance for individuals involved in semi accidents, focusing on securing just compensation for hurts.

Construction Accidents

Focused on representing laborers or bystanders injured in construction site accidents due to oversights or carelessness.

Head Impairments

Specializing in extending expert legal assistance for victims suffering from head injuries due to negligence.

Canine Attack Harms

Adept at tackling cases for victims who have suffered damages from puppy bites or creature assaults.

Jogger Crashes

Committed to legal assistance for foot-travelers involved in accidents, providing effective representation for recovering recovery.

Wrongful Loss

Working for families affected by a wrongful death, extending caring and skilled legal guidance to ensure restitution.

Spine Injury

Expert in supporting clients with vertebral damage, offering compassionate legal representation 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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