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Wrongful Death Attorney in Atlanta

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About Carlson Bier Associates

In the heart-wrenching event of a wrongful death, Carlson Bier emerges as an empowering ally. With our exceptional litigating prowess, we dedicate ourselves tirelessly to seeking justice for you and your loved ones. Our expertise in handling wrongful death claims envelops every nuance, ensuring precise action aimed at securing rightful compensation. We understand that no amount of monetary relief can match the emotional distress caused by losing a valued life prematurely; yet it is fundamentally vital to hold accountable those responsible for such irreparable losses.

Within Atlanta’s challenging legal landscape, having Carlson Bier by your side means benefiting from astute strategies crafted with local requirements in mind. Our adept team immaculately manages every aspect of the tortuous process so you can focus on grieving and healing without being burdened by legal complexities.

Trust is foundational for us at Carlson Bier; we align our actions keeping your best interests paramount. Leveraging extensive experience across numerous successful representations aids us to navigate rigorous negotiations or court proceedings diligently. Opting for Carlson Bier ensures thorough support cloaked in compassion throughout this painful ordeal: delivering rightful justice through unrivaled advocacy.

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About Carlson Bier

Wrongful Death Lawyers in Atlanta Illinois

At Carlson Bier, we are a team of dedicated and driven personal injury attorneys based in Illinois. We specialize in several areas of personal injury law, with particular expertise in wrongful death cases – notoriously intricate proceedings that demand an experienced hand to navigate. Wrongful death suits can be brought against a defendant who has caused someone’s death either negligently or through intentional harm.

A wrongful death claim is typically filed by the representative of the estate on behalf of those affected by the decedent’s death. In these challenging cases, parties seek damages for lost wages from future earnings, loss of companionship, expenses associated with the decedent’s final illness or accident, including medical bills and burial costs. Allow us to shed light on key aspects involved:

-Only specific individuals have standing to file this type of claim: Under Illinois law, only immediate family members may sue for wrongful death -spouses and children predominantly though under certain circumstances parents or siblings may also qualify.

-Potential defendants vary widely: Those potentially liable range from drivers accused of manslaughter to designers/manufacturers delivering unsafe products; even government agencies failing public safety requirements.

-The burden of proof is essential: Surviving plaintiffs must prove not just that they’ve suffered actual monetary damages stemming from their loved one’s demise but also that these were born out of others’ negligence or intent.

While compensations won’t ease your pain and grief over losing a beloved one, it can alleviate financial burdens deriving from such unforeseen events – something our skillful lawyers at Carlson Bier are committed to help you achieve.

Understanding “statute limitations” is fundamental – mostly because deadlines for filing wrongful death lawsuits vary greatly depending on individual case specifics. In general terms though, Illinois dictates a two-year limitation period after the date on which cause actions accrue (e.g., day relevant injuries took place).

Pivotal changes affecting wrongful-death-lawsuits verdicts entered effect January 2019 in Illinois. The law now takes into consideration bereavement damages, notably sorrow and mental suffering experienced by surviving next-of-kin following wrongful death. Hence, even though the process might seem daunting at first, with our expert legal guidance on your side, you’ll find trustworthy allies to speak up for your rights.

Being a personal injury attorney is much more than profession to us; it’s a commitment of justice and integrity we carry forward every day – be it through rigorous negotiations or fierce courtroom battles. We fight not just for compensation but also for accountability from those responsible.

Rightfully so, you wonder whether going down this path is worth the effort & emotional stress entailed? To give you peace of mind over such imperative decisions we’ve introduced an innovative feature offering you rough estimates about potential compensations. Simply click the button below to determine how much your case might accrue – completely free and with zero obligations attached.

You needn’t walk this ordeal alone or question if pursuing financial restitution after losing someone dear indeed serves justice – let Carlson Bier lead the way navigating these challenging terrains instead!

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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 Atlanta

Areas of Practice in Atlanta

Two-Wheeler Incidents

Specializing in legal support for persons injured in bicycle accidents due to responsible parties' recklessness or dangerous conditions.

Flame Burns

Providing skilled legal help for sufferers of major burn injuries caused by mishaps or recklessness.

Hospital Incompetence

Extending experienced legal representation for persons affected by physician malpractice, including medication mistakes.

Merchandise Responsibility

Addressing cases involving faulty products, delivering skilled legal guidance to clients affected by product-related injuries.

Geriatric Abuse

Supporting the rights of nursing home residents who have been subjected to malpractice in senior centers environments, ensuring compensation.

Stumble and Fall Occurrences

Skilled in addressing fall and trip accident cases, providing legal advice to individuals seeking redress for their suffering.

Infant Harms

Offering legal aid for loved ones affected by medical carelessness resulting in newborn injuries.

Vehicle Incidents

Accidents: Dedicated to guiding victims of car accidents get fair payout for harms and harm.

Scooter Incidents

Focused on providing legal support for bikers involved in motorbike accidents, ensuring rightful claims for losses.

Truck Collision

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

Worksite Incidents

Concentrated on representing staff or bystanders injured in construction site accidents due to carelessness or recklessness.

Cognitive Impairments

Specializing in offering dedicated legal assistance for clients suffering from brain injuries due to negligence.

Dog Bite Damages

Expertise in tackling cases for clients who have suffered damages from puppy bites or animal attacks.

Jogger Incidents

Committed to legal support for walkers involved in accidents, providing dedicated assistance for recovering restitution.

Unwarranted Fatality

Standing up for grieving parties affected by a wrongful death, supplying empathetic and skilled legal representation to ensure justice.

Neural Injury

Dedicated to representing clients with spine impairments, offering specialized legal services 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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