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Wrongful Death Attorney in Batavia

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Carlson Bier - 14 W Superior St Ste. 1503, Chicago, Il 60654, United States

About Carlson Bier Associates

When facing the devastating experience of a wrongful death case in Batavia, the expertise and guidance of Carlson Bier is invaluable. Their established track record as premier personal injury attorneys demonstrates their commitment to pursuing justice and providing compassionate support to those navigating this challenging journey. The skilled lawyers at Carlson Bier understand that each case uniquely impacts families, thus they tailor strategic approaches to ensure optimal outcomes. Their deep understanding of Illinois law coupled with years of courtroom experience equips them with the necessary tools needed for these complex cases. Moreover, their reputable negotiation skills can potentially save clients the emotional distress tied to lengthy court proceedings while securing fair compensation for damages suffered. Above all else, your peace of mind matters here – Carlson Bier’s wrong death attorney team prioritizes empathetic attention toward every client alongside aggressive advocacy in courtrooms on behalf of lost loved ones’ rights. Trustworthy, reliable and persistent—the qualities which have made Carlson Bier recommended choice when grappling with unfortunate wrongful death circumstances.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Batavia Illinois

At the masterful law firm of Carlson Bier, we harbor an intimate understanding of and profound passion for providing our clients with superior personal injury legal representation. Our dedicated focus is within the scope of Wrongful Death Law in Illinois.

Wrongful death claims are pursued when a person loses their life due to negligence or misconduct by another individual or entity. It’s an already painful grieving process intensified by unjust circumstances. With decades of collective experience, we have assisted families across Illinois who find themselves navigating through such trying times.

In comprehending key aspects involved in wrongful death cases, these points are essential:

• The defendant must have directly caused the victim’s death.

• The defendant was negligent or strictly liable for the victim’s death.

• There is a surviving spouse, children, beneficiaries or dependents that incurred monetary damages as a result of the victim’s demise.

• A personal representative has been appointed for the deceased’s estate.

Each wrongful death case possesses its unique circumstances requiring tailored strategies that both align with Illinois law and showcase relentless pursuit of rightful compensation. At Carlson Bier, our empathetic and knowledgeable attorneys tirelessly investigate every detail to develop strategic approaches. We work toward ensuring you receive justice while bringing your family solace during this devastating period.

How does one quantify life’s worth? As lawyers at Carlson Bier, it’s indeed part of our job to shrewdly negotiate on behalf of our clients given factors like lost wages, loss of companionship or consortium alongside physical and emotional pain —the absence which leaves notable impacts on survivors’ lives. Navigating through these elements can be challenging on your own but allows us to carry this burden instead; it is where our expertise comes into play so you can concentrate more wholly on grieving process itself.

One crucial component to mention: according to Illinois law, recovery in Wrongful Death suits include medical bills from injuries leading up – ultimately causing – wrongful deaths; essentially bridging Personal Injury and Wrongful Death Laws. With us, you have attorneys who cross this bridge with ease and grace; law professionals who wear their hearts on their sleeves as they invoke the rule of justice for your loved ones.

At Carlson Bier, we understand that handling a wrongful death lawsuit can be emotionally challenging and complicated. We make it our obligation to inform you about all aspects of your case while providing emotional support throughout the journey. Moreover, we operate strictly on a contingency fee basis, which means you owe us nothing unless we win compensatory damages in your favor.

As closure, remember: like an unfathomable pain hidden beneath tranquil ocean surfaces, substantial compensation may sometimes lurk beneath intricate legal wrongdoings causing wrongful deaths. Our dedication at Carlson Bier is towards helping clients plunge deep into these waters – hand-in-hand – to ensure they rightfully receive what’s tentatively out of sight.

With comprehensive knowledge about Wrongful Death Law in Illinois, rest assured our team at Carlson Bier is equipped to provide brilliant guidance and strong advocacy well set within the confines of integrity and empathy.

Allow us – experienced lawyers with a rare flair for empathic representation- to analyze your case requirement earnestly and help evaluate its worth sans any monetary commitments from you initially. Click on the button below to find out how much could potentially be owed for navigating through such unfair circumstances compacted with grief that seems insurmountable due to a beloved’s wrongful demise caused by another’s negligence or misconduct—the exact space where law meets soulfulness.

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 Batavia

Areas of Practice in Batavia

Cycling Collisions

Expert in legal assistance for people injured in bicycle accidents due to others's negligence or perilous conditions.

Fire Traumas

Giving skilled legal services for people of intense burn injuries caused by accidents or carelessness.

Physician Misconduct

Offering expert legal services for individuals affected by medical malpractice, including misdiagnosis.

Products Accountability

Handling cases involving problematic products, offering specialist legal services to customers affected by faulty goods.

Senior Mistreatment

Supporting the rights of the elderly who have been subjected to neglect in senior centers environments, ensuring protection.

Trip & Stumble Injuries

Specialist in addressing tumble accident cases, providing legal assistance to victims seeking recovery for their injuries.

Birth Damages

Providing legal support for kin affected by medical incompetence resulting in childbirth injuries.

Automobile Accidents

Accidents: Concentrated on assisting patients of car accidents get just compensation for wounds and losses.

Scooter Accidents

Committed to providing legal services for victims involved in scooter accidents, ensuring fair compensation for damages.

Semi Accident

Extending specialist legal support for drivers involved in trucking accidents, focusing on securing appropriate settlement for injuries.

Building Collisions

Dedicated to representing laborers or bystanders injured in construction site accidents due to safety violations or negligence.

Brain Impairments

Focused on ensuring compassionate legal representation for victims suffering from cognitive injuries due to negligence.

Dog Attack Wounds

Specialized in dealing with cases for people who have suffered harms from dog attacks or wildlife encounters.

Jogger Incidents

Expert in legal services for cross-walkers involved in accidents, providing professional services for recovering compensation.

Undeserved Death

Working for grieving parties affected by a wrongful death, delivering empathetic and experienced legal services to ensure compensation.

Vertebral Harm

Committed to supporting clients with backbone trauma, offering specialized legal services to secure justice.

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312-313-2440