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Wrongful Death Attorney in Barrington Hills

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When facing the unbearable pain of losing a loved one due to another’s negligence, you need legal champions like Carlson Bier. We offer exceptional services in wrongful death representation across Illinois, including Barrington Hills. Our team is comprised of seasoned Wrongful Death attorneys who operate with empathy and brilliance. Every case we handle undergoes rigorous evaluation for us to construct strategically sound litigation strategies that put our clients’ interest at the core. Whether it involves medical malpractice, car accidents or workplace injuries, your distress deserves justice and we fight tenaciously towards this end goal. At Carlson Bier, we prioritize transparency and bring clear-cut communication into every aspect of our practice – aiming to make legalities easier for you during your time of grief. Excellence marks our reputation hence families across Barrington Hills considering taking advanced action against wrongful deaths trust in us bravely walking them through this challenging journey while aggressively seeking compensation they are rightfully owed by law.

About Carlson Bier

Wrongful Death Lawyers in Barrington Hills Illinois

At Carlson Bier, your trusted Illinois-based personal injury lawyers, we understand that navigating the legal process after the loss of a loved one can be overwhelming. Our skilled attorneys specialize in Wrongful Death cases and are dedicated to fighting for justice on behalf of you and your family. In such instances, profound grief is often accompanied by unforeseen financial burdens due to loss of income, medical bills or funeral expenses.

Wrongful Death claims arise when an individual’s demise has been caused either directly or indirectly by the negligent, reckless or deliberate conduct of another. Understanding what constitutes wrongful death is crucial for determining the feasibility of pursuing a legal claim:

– The passing occurred as a direct result of someone else’s negligence

– There exist survivors suffering monetary injuries from this death (such as spouses or children)

– A representative has been appointed for the decedent’s estate

Illinois law makes provisions for various damages that may apply in these unfortunate situations including: medical costs associated with the incident; burial expenses; compensation for lost wages; loss of consortium or companionship and even punitive damages in certain circumstances.

The challenge lies not only in proving negligence but also in accurately quantifying these damages which are unique to each case. Therefore it becomes essential to employ professional services like ours at Carlson Bier who bring unrivaled depth and breadth of experience along with absolute commitment toward representing our clients’ best interests.

Time limits known as Statutes of Limitations apply to filing Wrongful Death lawsuits making immediate action imperative post any tragic event. Although nothing can truly alleviate the monumental grief following a wrongful death prosecution does afford closure to many families besides lightening their substantial financial load.

Navigating complex legal frameworks is incredibly challenging especially during times of crisis making knowledgeable guidance invaluable. Achieving successful outcomes in wrongful death litigation requires detailed understanding about intricate regulations combined with expertise in aggressive negotiations against insurance companies all geared towards protecting your rights while securing your future.

Our holistic approach at Carlson Bier entails personalized service understanding that every case is distinct with its own specific challenges and provocations. Alongside providing robust professional support we acknowledge our clients’ emotional upheaval designing strategies accordingly aimed at obtaining the maximum compensation under law.

At Carlson Bier, our dedicated team of personal injury attorneys unified by their commitment toward seeking justice provides you this assurance: We will handle your case with a singular focus on your exclusive needs while ensuring ultimate discretion and confidentiality. Trust us to diligently pursue every legal avenue for holding accountable those responsible thereby fostering fairness coupled with swift resolution towards restoring some semblance of normalcy in the lives deeply affected by such tragedy.

In today’s challenging times having an experienced compassionate lawyer by your side could make all the difference. If you have lost a loved one owing to someone else’s negligence or disregard remember time crucially plays a factor in filing wrongful death claims.

As daunting as it seems embarking on this journey starting from understanding complex regulations culminating into securing rightful compensation does not have to be this intimidating. Reach out to us at (contact details) for scheduling a no obligation informative consultation where our esteemed attorneys might shed light upon how much your unique circumstances may potentially yield administratively speaking making recovery physically, emotionally and financially feasible.

Don’t let financial worries overburden you in these testing times. Now is definitely not too soon nor too late for exploring ways towards achieving just remediation honourably taking care of subsequent necessities after your devastating loss without imposing additional strain on yourself or your family. For finding out precisely how much your case may hold intrinsic value click on the button below empowering you with essential information enabling informed decision-making benefitting future prospects markedly reducing further distress caused due to abundance of unknown factors permeating this situation currently confronting you. Remember caringly handled communication can significantly lighten the burden making recovery less overwhelming both practically and psychologically which is what we endeavour to facilitate relentlessly at Carlson Bier because here YOUR wellbeing matters!

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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 Barrington Hills

Areas of Practice in Barrington Hills

Bicycle Mishaps

Specializing in legal support for clients injured in bicycle accidents due to responsible parties' negligence or hazardous conditions.

Burn Damages

Offering expert legal services for individuals of grave burn injuries caused by events or misconduct.

Healthcare Negligence

Ensuring specialist legal assistance for persons affected by medical malpractice, including surgical errors.

Products Fault

Handling cases involving dangerous products, offering specialist legal guidance to victims affected by harmful products.

Nursing Home Mistreatment

Advocating for the rights of elders who have been subjected to mistreatment in nursing homes environments, ensuring justice.

Fall & Tumble Injuries

Professional in addressing stumble accident cases, providing legal representation to individuals seeking compensation for their suffering.

Newborn Traumas

Offering legal support for loved ones affected by medical incompetence resulting in neonatal injuries.

Motor Incidents

Incidents: Focused on assisting individuals of car accidents get just payout for injuries and damages.

Bike Crashes

Expert in providing legal assistance for bikers involved in motorbike accidents, ensuring adequate recompense for damages.

Trucking Collision

Delivering specialist legal support for victims involved in lorry accidents, focusing on securing rightful recovery for harms.

Worksite Mishaps

Engaged in defending staff or bystanders injured in construction site accidents due to safety violations or misconduct.

Brain Impairments

Focused on extending professional legal advice for patients suffering from head injuries due to carelessness.

K9 Assault Harms

Proficient in tackling cases for persons who have suffered damages from dog attacks or animal assaults.

Cross-walker Collisions

Focused on legal advocacy for cross-walkers involved in accidents, providing professional services for recovering restitution.

Wrongful Loss

Fighting for families affected by a wrongful death, delivering caring and adept legal representation to ensure restitution.

Backbone Harm

Dedicated to representing individuals with spine impairments, offering compassionate legal representation to secure compensation.

Contact Us Today if you need a Person Injury Lawyer