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Wrongful Death Attorney in Arthur

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Experiencing the loss of a loved one due to wrongful death presents a grievous pain, coupled with bewilderment on how to seek justice. Carlson Bier law firm offers compassionate representation for such daunting cases in Arthur. Our expertise stems from years of handling these convoluted legal affairs while prioritizing our client’s unique needs for closure and dignified resolution. We stand out amidst myriad personal injury lawyers because we blend professional representation with personalized attention that acknowledges your grief. At Carlson Bier, every case is pivotal and clients dealing with wrongful deaths are provided special support throughout the process of vindication. Our reputation in securing fair settlements provides assurance during an intensely difficult time; reducing stress by addressing financial repercussions effectively alongside emotional healing. Trust us at Carlson Bier, as our commitment propels us ahead of others when it comes to fighting for the rights and dignity you deserve following an untimely loss through wrongful death in Arthur.

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About Carlson Bier

Wrongful Death Lawyers in Arthur Illinois

At Carlson Bier law firm, we understand the consequential impact of a wrongful death claim. This severe form of personal injury litigation is triggered when an individual’s demise results from negligence or harmful intent by another person or entity. As expert professionals in this complex field of law, we are dedicated to enlightening our clients about comprehensive aspects related to wrongful death.

Firstly, a substantial understanding of what exactly constitutes wrongful death is imperative for viewers. Wrongful death occurs when an immediate family member falls victim to scenarios such as medical malpractice, automobile accidents where others were at fault (driving under the influence), or even instances involving defective consumer products.

To navigate through this distressing time and establish a solid case, certain pivotal elements need to be fulfilled:

– Death must have occurred.

– The event should have resulted due to another party’s underlying deliberate action or negligence.

– Surviving family members should experience financial loss due to the incident.

At Carlson Bier law firm, we strive assiduously in supplying unwavering support by suffusing proficient expertise for your rightful compensation claims settlement. Repercussions resulting from wrongful death encompass more than just emotional trauma. They extend towards imposing significant economic implications as well–lost income, funeral expenses, and medical bills that can gravely undermine routine existence.

So then what can victims seek recompense for? Depending on specifics intrinsic each circumstance within Illinois jurisdiction recipients may receive compensation regarding:

-Pecuniary damages like loss of prospects concerning inheritance.

-Tangible contributions lost such as gifts or tangible goods brought home by the deceased.

-Loss of necessary services previously performed by their loved one including household chores-related tasks.

Making sense out of these devastating situations thus involves resilience coupled with professional guidance from experienced attorneys mindful not only towards their legal obligations but also their human-centric ones too – hold perpetrators accountable facilitating recovery easing agony associated this tragic crisis helping start anew post heartrending tribulations involvement’.

Succinctly, wrongful death suits serve a two-fold purpose: they provide financial respite for the families affected and work towards deterring future occurrences of similar negligent behavior from offending parties. But to provide viewers with comprehensive understanding, it’s essential to discuss some procedural aspects as well:

Typically, existing statutes guide filing deadlines commonly known as statute of limitations holding true for wrongful death claims imposing generally 2-year limit post-incident date barring few exceptions involving medical malpractice then extends upto 8 years. Safety remains priority; hence early agency involvement ensures seamless execution attention intrinsic case details.

Navigating through turmoil like wrongful death requires more than just legal prowess – it necessitates compassionate approach patient understanding inherent these sensitive matters inculcated deeply within our team at Carlson Bier law firm.

Our sole mission rests not only in successfully litigating your claim but also in ensuring you regain optimism and hopes for brighter tomorrows. With us by your side, rest assured we aim on equipping you comprehensively both legally and emotionally navigating this disconsolate eventuality until achieving justified outcomes.

To better understand how much your case may be worth or grasp further relevant intricate details crucial towards enhancing your knowledge base concerning Illinois’ personal injury laws and beyond – click on the button below – because each case is unique, and you deserve expert counsel attuned specifically to yours.

In trusting Carlson Bier with representing your interests during such paramount trials, we guarantee solemn devotion delivering justice compensation assertion bringing some solace during inviting reconciliation amidst adversity encountered. Let’s band together today – Your fight is our fight too!

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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 Arthur

Areas of Practice in Arthur

Bike Incidents

Dedicated to legal support for victims injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Fire Burns

Extending professional legal help for patients of intense burn injuries caused by mishaps or negligence.

Medical Misconduct

Providing dedicated legal advice for patients affected by healthcare malpractice, including surgical errors.

Merchandise Accountability

Addressing cases involving faulty products, offering professional legal assistance to customers affected by faulty goods.

Nursing Home Neglect

Protecting the rights of nursing home residents who have been subjected to misconduct in nursing homes environments, ensuring justice.

Tumble and Trip Injuries

Expert in dealing with trip accident cases, providing legal services to individuals seeking compensation for their losses.

Newborn Traumas

Extending legal guidance for kin affected by medical carelessness resulting in birth injuries.

Auto Incidents

Mishaps: Committed to aiding clients of car accidents obtain fair remuneration for damages and impairment.

Bike Collisions

Focused on providing legal advice for individuals involved in scooter accidents, ensuring justice for injuries.

Trucking Mishap

Offering adept legal services for individuals involved in big rig accidents, focusing on securing rightful recovery for losses.

Building Site Accidents

Focused on supporting laborers or bystanders injured in construction site accidents due to recklessness or carelessness.

Brain Impairments

Dedicated to ensuring expert legal services for individuals suffering from cerebral injuries due to accidents.

K9 Assault Traumas

Adept at managing cases for persons who have suffered traumas from K9 assaults or beast attacks.

Cross-walker Crashes

Dedicated to legal advocacy for pedestrians involved in accidents, providing expert advice for recovering restitution.

Unjust Loss

Fighting for bereaved affected by a wrongful death, providing sensitive and adept legal guidance to ensure fairness.

Spine Injury

Expert in supporting patients with vertebral damage, offering compassionate legal services 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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