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Wrongful Death Attorney in Aurora

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About Carlson Bier Associates

When dealing with the emotional toll of a wrongful death, it’s crucial to entrust legal matters to competent and compassionate professionals. Aurora citizens seeking sound legal advice should consider turning to Carlson Bier – Illinois’ reputable law advocate group specializing in wrongful death cases. Renowned for their exemplary expertise in deciphering complex legislative puzzles of personal injury law, the firm provides a seamless navigation through daunting legal landscapes. The experienced team at Carlson Bier understands that each case is unique, deserving personalized treatment and strategic planning towards achieving maximum compensation on behalf of grieving families. Through dedicated sensibility coupled with extensive knowledge, they have achieved significant settlements reflecting not only monetary justice but also moral victory for clients burdened by tragic loss. When appointing Carlson Bier as your trusted partner in wrongful death litigation matters, rest assured you’re partnering with comprehensive support committed towards best possible outcomes – providing more than just assistance; it offers hope during challenging times- offering an invaluable resource for those mourning amidst necessary legal battles.

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About Carlson Bier

Wrongful Death Lawyers in Aurora Illinois

At Carlson Bier, our primary mission is to represent your interests and ensure your compensation if you have lost a loved one due to wrongful death. This term defines those fatalities that occur as a result of someone’s negligence, intentional action, or total disregard for other people’s safety and welfare. In Illinois, as an experienced personal injury attorney group, we attest that not only can these scenarios give rise to criminal charges but also open up the possibility for a civil lawsuit.

Identifying the parties potentially liable in wrongful death cases can be complex. They might encompass individuals such as reckless drivers or drunken boating operators; entities like companies with faulty products leading to accidents; medical facilities where malpractices take place; government bodies that fail to maintain safe conditions on public properties or infrastructure.

Carefully investigating every detail related to the case remains our primary objective so that each potentially liable party is held accountable. Each piece of evidence collected helps strengthen your claim and determine the monetary value of damages owed for loss of companionship, insurance costs, funeral expenses and much more depending upon individual circumstances.

Understanding who can rightfully sue for wrongful death in Illinois involves considering several key points:

– The immediate family members: spouses, children (both minor and adult), adopted children all included.

– Parents may file suit if the deceased had no spouse or children.

– Personal representatives of the deceased person’s estate are eligible.

Navigating the legal complexities surrounding wrongful death claims requires professional guidance, experience coupled with a sharp eye for details – all qualities epitomized by us at Carlson Bier.

Furthermore, it’s essential to note that while grief overwhelms everyday life post losing someone dear in tragic circumstances such as wrongful deaths – there indeed exist statutory limits within which you need to initiate proceedings against responsible persons/ institutions involved. As per Illinois laws:

• Wrongful death lawsuits must be pursued within two years from either when death occurred OR

• Within five years after the incident causing death took place.

Failure to meet these deadlines risks dismissal of cases by Illinois courts; hence it becomes critical that we do not lose precious time in setting motions for your rightful compensation claim.

We at Carlson Bier understand tragedy hits hard – emotionally, financially and every which way devastatingly possible. Hence it’s our unwavering commitment and promise – fueled further by a profound sense of empathy towards each person stepping through our doors – to provide the highest level of legal support one can receive from a personal injury attorney in Illinois. With every case assigned to us, we become more than just someone seeking compensation on behalf; we turn into partners navigating this despairing phase together.

Regardless of whether you feel ready or need more time before getting involved with the legal proceedings post an unfortunate occurrence such as wrongful death – remember it’s essential sooner rather than later that you engage experienced litigation lawyers who can guide through processes methodically ensuring justice gets delivered and future guaranteed to be financially secure opening avenues towards recovery from traumatic experiences.

In light of this, we cordially invite readers yet unreached and unaware about laws relating to wrongful deaths in Illinois or individuals struggling due absence of reliable legal advising bodies near their residences – visit us at Carlson Bier. Our dedicated team is waiting here 24×7 committed wholly towards addressing grievances promptly ensuring justice isn’t delayed but delivered satisfactorily at earliest possible instance.

Take a step closer towards comprehending better about how much your case might indeed be worth securing eventual monetary remunerations helping offset some straining expenses built up overtime unfortunately due lack supporting shoulders during grieving times. Click on the button below now. Let us help make sure they are properly held accountable for what occurred, so you know how much your case is truly worth.

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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 Aurora

Areas of Practice in Aurora

Bicycle Incidents

Specializing in legal assistance for victims injured in bicycle accidents due to responsible parties' lack of care or hazardous conditions.

Flame Traumas

Supplying adept legal services for sufferers of major burn injuries caused by accidents or misconduct.

Hospital Incompetence

Ensuring professional legal assistance for patients affected by healthcare malpractice, including surgical errors.

Goods Responsibility

Handling cases involving dangerous products, supplying adept legal help to victims affected by product malfunctions.

Geriatric Neglect

Protecting the rights of aged individuals who have been subjected to misconduct in nursing homes environments, ensuring protection.

Tumble and Slip Mishaps

Expert in dealing with tumble accident cases, providing legal services to sufferers seeking redress for their suffering.

Infant Harms

Providing legal aid for kin affected by medical carelessness resulting in childbirth injuries.

Motor Incidents

Accidents: Devoted to helping patients of car accidents gain fair compensation for harms and losses.

Motorbike Crashes

Committed to providing legal services for individuals involved in scooter accidents, ensuring justice for injuries.

Trucking Accident

Ensuring professional legal services for victims involved in truck accidents, focusing on securing rightful compensation for damages.

Building Site Accidents

Committed to defending staff or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Brain Traumas

Committed to extending specialized legal support for clients suffering from neurological injuries due to accidents.

Canine Attack Harms

Adept at addressing cases for people who have suffered traumas from puppy bites or beast attacks.

Jogger Crashes

Focused on legal services for joggers involved in accidents, providing professional services for recovering damages.

Undeserved Demise

Advocating for bereaved affected by a wrongful death, providing caring and skilled legal guidance to ensure redress.

Neural Damage

Expert in supporting persons with paralysis, offering dedicated legal guidance to secure settlement.

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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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