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Wrongful Death Attorney in Ashburn

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About Carlson Bier Associates

When encountering the complex, emotional turmoil of a wrongful death situation, finding trustworthy legal support is paramount. Illinois residents faced with such circumstances can count on Carlson Bier’s expertise. We’re proud to offer premier services in the battle for justice after an unfortunate incident results in loss. Our team’s collective acumen and dedication to preserving your rights make us the ideal choice for dealing with any Wrongful Death cases that might arise anywhere within Illinois state lines. We are staunch advocates committed to fighting relentlessly for you and have consistently achieved commendable compensation victories across different jurisdictions, highlighting our flexibility despite geographical constraints.

We understand each case is unique requiring delicate handling; hence we tailor solutions specific to your needs rather than a standard one-size-fits-all approach employed by many law firms.

Choosing Carlson Bier means aligning yourself with unwavering commitment, compassion, flawless execution coupled with solid track records that attest our success stories thereby underscoring why we remain unparalleled choice when it comes down to securing an exceptional wrong death attorney at your side.

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About Carlson Bier

Wrongful Death Lawyers in Ashburn Illinois

Understanding and navigating the complexity of Wrongful Death claims can be an emotionally draining process. As personal injury attorneys based in Illinois, Carlson Bier is dedicated to easing your burden by providing expert legal representation during these difficult times. We pride ourselves on our impeccable understanding of Illinois’s laws in this area and are particularly experienced with cases pertaining to wrongful death.

A wrongful death claim arises when a person loses their life due to the negligence or misconduct of another individual, company, or entity. Death can occur in various scenarios – it may result from a car accident caused by reckless driving, medical malpractice where professional healthcare protocols are not followed rigorously or even as a consequence of workplace hazards that fail to adhere to safety regulations.

• The party liable could be an individual acting irresponsibly or negligently.

• Corporations may also be held accountable for promoting unsafe environments leading to deleterious outcomes.

• Entities like hospitals might come under scrutiny if they fail to maintain standard codes of practice resulting in gross endangerment to human life.

At Carlson Bier, we strive diligently towards seeking justice and securing compensation for your pain and suffering. Our proven track record in handling such sensitive cases echoes our commitment towards helping families find closure and achieve financial recovery necessary for rebuilding lives post-tragedy.

Building a successful case involves evaluation on key parameters:

1) Establishing fault: This involves proving that the defendant acted negligently causing the blanket term ‘wrongful’ deaths.

2) Proving financial impact: Demonstrating how economic loss has encroached upon surviving family members is integral alongside non-economic factors such as emotional distress associated with losing a loved one.

3) Setting up pecuniary damages: Once fault is established along with financial loss, we then venture into quantifying these damages – both past and anticipated future costs dealing with aspects like funeral expenses, inheritance issues etc.

Our proficient team at Carlson Bier recognizes that no amount of monetary settlement can replace the irreplaceable. Nevertheless, we are committed to ensure that aspects like loss of income and financial instability resulting from such devastation do not add additional strife in your already difficult times.

We invite you to partake in our free initial consultation where our legal experts will empathetically hear out your specifics while offering insight into viable legal options tailored for you. It is equally noteworthy that at Carlson Bier, all wrongful death claims are handled on a contingency fee basis which means, you pay nothing until we successfully recover compensation on your behalf.

Our commitment towards our clients extends beyond providing stellar professional services. We deeply value confidentiality, compassion, respect, and most importantly- delivering justice. This philosophy has been intrinsic to establishing Carlson Bier as one of Illinois’s leading personal injury law firms; continuously striving towards shedding light on legal epiphanies concerning Wrongful Death claims amidst dark hours of devastating losses.

Take advantage of our wide spectrum knowledge base coupled with comprehensive understanding of litigation dynamics associated with Wrongful Deaths and navigate through these grim times with unwavering support by clicking on the button below. See how much your case might be worth and remember – At Carlson Bier, your struggle becomes ours the moment you step within our realm seeking 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 Ashburn

Areas of Practice in Ashburn

Cycling Crashes

Specializing in legal services for people injured in bicycle accidents due to others' lack of care or risky conditions.

Burn Wounds

Supplying professional legal support for sufferers of major burn injuries caused by events or indifference.

Hospital Misconduct

Providing professional legal advice for clients affected by physician malpractice, including surgical errors.

Products Responsibility

Handling cases involving problematic products, delivering professional legal help to consumers affected by faulty goods.

Senior Malpractice

Advocating for the rights of nursing home residents who have been subjected to mistreatment in aged care environments, ensuring compensation.

Tumble and Fall Occurrences

Expert in addressing stumble accident cases, providing legal advice to clients seeking compensation for their injuries.

Neonatal Injuries

Extending legal help for kin affected by medical carelessness resulting in infant injuries.

Motor Mishaps

Mishaps: Concentrated on aiding individuals of car accidents obtain appropriate recompense for hurts and impairment.

Motorbike Mishaps

Specializing in providing legal support for individuals involved in motorcycle accidents, ensuring adequate recompense for losses.

18-Wheeler Crash

Ensuring expert legal advice for victims involved in big rig accidents, focusing on securing fair compensation for hurts.

Building Crashes

Dedicated to advocating for workmen or bystanders injured in construction site accidents due to recklessness or misconduct.

Head Injuries

Specializing in ensuring compassionate legal support for victims suffering from head injuries due to carelessness.

K9 Assault Traumas

Adept at managing cases for clients who have suffered harms from puppy bites or animal attacks.

Jogger Incidents

Committed to legal assistance for cross-walkers involved in accidents, providing comprehensive support for recovering restitution.

Unfair Passing

Striving for bereaved affected by a wrongful death, extending sensitive and adept legal assistance to ensure justice.

Spine Impairment

Specializing in assisting victims with paralysis, offering professional legal assistance to secure compensation.

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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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