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Wrongful Death Attorney in Aviston

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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 facing the tragic circumstance of wrongful death, navigating the legal intricacies can be overwhelming. Carlson Bier’s exceptional skill set in handling these sensitive cases makes them an ideal choice for your representation. Our compassionate and experienced attorney team at Carlson Bier knows exactly how to approach these exacting wrongful death lawsuits, offering clients not just fair legal aid but empathetic counsel too. With a substantial track record in Illinois’ ever demanding judicial system, our seasoned attorneys have a deep understanding of state laws pertaining to such grievous losses. In Aviston specifically, we are well-versed with local jurisdictional complexities that could potentially sway case outcomes favorably towards our client’s interest. We’re proud of our unyielding commitment and dedication as it has earned us recognition amongst peers and courts alike – we fight tirelessly for justice against liable parties with utmost empathy toward affected families who’ve suffered immensely due to unnecessary loss. Undoubtedly, employing Carlson Bier is entrusting apt professionals who prioritize your interests above everything else when deliberating on Wrongful Death law matters.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Aviston Illinois

At Carlson Bier, we believe that access to justice and passionate representation should be the right of every individual who has been wronged. As one of Illinois’ leading personal injury law firms, our expertise extends across a broad spectrum of injury-related cases. One such area that we specialize in is Wrongful Death lawsuits – an often complex segment of personal injury law.

Wrongful Death refers to an instance where a person’s death is caused by someone else’s negligence, recklessness or intentional act – be it an individual or corporation. That could be due to medical malpractice, traffic accidents caused by drunk drivers or manufacturing defects resulting in fatal incidents. It deeply affects those left behind and can plunge families into financial turmoil as well as emotional distress.

The magnitude of impact following the sudden loss of your loved one can lead to significant emotional ramifications including grief, depression and anxiety. On top of these issues come other major concerns like:

– Loss of income from the deceased family member

– Funeral expenses

– Medical bills preceding their passing

Surviving members might not realize they have rights after such tragic circumstances. In Illinois, the laws surrounding wrongful deaths are clear; if your loved one died because someone else acted negligently or irresponsibly, you have strong grounds for legal recourse.

A wrongful death claim seeks compensation for more than just funeral costs and lost income; Those eligible can also receive restitution for:

– Emotional suffering caused by the loss

– Loss of companionship

– Punitive damages (In instances where a defendant’s behavior was particularly harmful)

But to successfully secure these compensations involves adhering to specific legal nuances particular to Illinois State Law making expert guidance indispensable. Here at Carlson Bier, we combine compassion with rigorous legal prowess when advocating on behalf our clients dealing with wrongful death cases.

Our team provides unwavering support through what tends to be a very difficult period emotionally and financially while asserting your rightful claims under the law. Our law firm is equipped with experienced personal injury attorneys that are competent in crafting strong cases bolstered by solid evidence which guarantees the best possible outcome for our clients.

Why stake your claim with Carlson Bier? Here’s what sets us apart:

– Experienced representation: Handling wrongful death cases require both sensitivity and legal acumen – we offer both.

– High Success rate: Our track record of favorable settlements speaks for itself

– Personalized attention: Every case is unique, as is every client; you can trust us to give your case the attention it deserves.

– Knowledge on Illinois Laws: Our expertise lies in comprehending Illinois’ intricate personal injury laws, ensuring optimal results for our clients.

Dealing with a sudden loss caused by someone else’s negligence can be daunting. Identifying how and why it happened, determining who is legally responsible, filing a lawsuit—all these can add up to an overwhelming pressure. But you don’t have to face this alone. If you or someone you know has suffered from such tragic circumstances in Illinois, reach out to us immediately.

Learn about your rights under Illinois’ Wrongful Death Act today by reaching out to one of our dedicated attorneys at Carlson Bier. We take pride in standing up against those accountable for such devastating losses, endeavoring towards achieving justice on behalf of the deceased and their families.

Remember – it costs nothing initially to discuss your potential case with us but could mean considerably more if determined successful. Click on the button below now and let us assess how much you may potentially receive because when tragedy strikes, justice doesn’t have to follow far behind.

Find Out How Much Your Case is 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 Aviston

Areas of Practice in Aviston

Bicycle Crashes

Dedicated to legal services for individuals injured in bicycle accidents due to others's indifference or dangerous conditions.

Burn Traumas

Supplying expert legal assistance for victims of grave burn injuries caused by occurrences or recklessness.

Clinical Misconduct

Ensuring specialist legal representation for patients affected by hospital malpractice, including negligent care.

Commodities Fault

Handling cases involving defective products, delivering expert legal help to individuals affected by product-related injuries.

Nursing Home Malpractice

Defending the rights of elders who have been subjected to mistreatment in nursing homes environments, ensuring compensation.

Trip & Trip Accidents

Adept in addressing fall and trip accident cases, providing legal assistance to individuals seeking compensation for their losses.

Neonatal Traumas

Extending legal help for loved ones affected by medical misconduct resulting in childbirth injuries.

Automobile Accidents

Mishaps: Devoted to assisting victims of car accidents receive fair payout for damages and harm.

Bike Accidents

Committed to providing legal assistance for victims involved in motorbike accidents, ensuring rightful claims for losses.

Trucking Mishap

Providing expert legal representation for persons involved in big rig accidents, focusing on securing adequate settlement for injuries.

Building Site Accidents

Engaged in assisting staff or bystanders injured in construction site accidents due to carelessness or recklessness.

Cognitive Impairments

Specializing in extending compassionate legal advice for clients suffering from cerebral injuries due to incidents.

Canine Attack Injuries

Skilled in dealing with cases for individuals who have suffered injuries from K9 assaults or beast attacks.

Jogger Crashes

Specializing in legal assistance for pedestrians involved in accidents, providing effective representation for recovering compensation.

Unwarranted Passing

Striving for bereaved affected by a wrongful death, supplying empathetic and experienced legal support to ensure fairness.

Backbone Injury

Specializing in representing victims with spinal cord injuries, offering dedicated legal assistance 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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