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Wrongful Death Attorney in Bellwood

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

If you’re grappling with the tragedy of a wrongful death in Bellwood, look no further than Carlson Bier. This established law firm is renowned for its expertise in handling such sensitive matters with utmost dedication and sincerity. When it comes to navigating through the challenging intricacies of wrongful death cases, Carlson Bier steps up to provide strong legal representation for their clients. Their team comprises skilled attorneys who possess an exceptional depth of knowledge about Illinois’ Wrongful Death Act. They understand that compensation can never replace your lost one; however, they relentlessly strive to acquire fair restitution on behalf of their clients dealing with insurmountable loss and heartache. Furthermore, they provide compassionate assistance every step along this difficult path while ensuring that liable parties are held accountable for their negligent actions leading to untimely demises.Be assured that entrusting your case to Carlson Bier means partnering with relentless advocates who will tirelessly seek justice by your side –an unwavering pillar within tumultuous times.

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About Carlson Bier

Wrongful Death Lawyers in Bellwood Illinois

As a premier law firm focused on personal injury litigation, Carlson Bier champions the rights of individuals and families who have suffered due to wrongful death. Wrongful death cases are complex and intensely personal in nature. We understand that no amount of compensation can truly replace your loved one, but we firmly believe in obtaining justice for unnecessary losses caused by others’ negligence.

Wrongful death encompasses various circumstances where an individual’s demise is attributable to a negligent or wrongful act of another entity or person. It could happen because of car accidents, medical malpractice, product defects, among other instances. The specific factors underlying these cases require technical legal thoughtfulness facilitated seamlessly at Carlson Bier.

In Illinois law, plaintiffs have two years from the date of their loved one’s passing to file a wrongful death claim. Here are some vital points worth considering when dealing with wrongful death cases:

• Identifying liable parties: Precisely determining responsibility is imperative for successful claims.

• Proving Negligence: Plaintiffs should conclusively demonstrate that the defendant’s negligence resulted in the fatality.

• Formulating Damages: Damages broadly include pecuniary loss (like medical expenses), loss of consortium/companionship/society, loss of earnings or potential income among other considerations.

At Carlson Bier, our proficient attorneys invest copious amounts of time in understanding your case specifics – not just restricting themselves to facts and numbers but also acknowledging mental trauma you might be enduring throughout this painful process.

Economic damages, Non-economic damages as well as Punitive damages represent three categories recognized under Illinois Law wherein compensation can be claimed post a jury-decision favoring the plaintiff/s:

• Economic damages are calculable financial losses such as lost future earnings and earning capacity from date-of-death till average life expectancy age.

• Non-economic damages address elements like emotional pain & suffering consequent to traumatic incidents leading up to deaths; value deprivation due to absence (also known as loss of consortium) etc.

• Punitive damages aim at punishing the defendant for egregiously harmful behavior and serve to prevent similar conduct in the future.

We also understand that grieving families often worry about costs. Rest assured, Carlson Bier operates on a contingency fee basis. Simply put, you don’t pay unless we win your case. Our objectives align with yours – secure the maximum possible compensation for wrongful deaths caused due to carelessness of others’.

While we can’t promise a specific outcome, our commitment to providing comprehensive and compassionate legal representation is absolute. It’s not just our obligation but indeed an honor to provide this higher level of professional service consistently.

Lastly, Carlson Bier encourages individuals seeking justice for their unfortunate circumstances to inquire further regarding possibly pursuing a wrongful death claim. By clicking the button below, you’d get insights into realistic worth of potential claims based on specific variables associated with each unique case situation. This process is absolutely free & no obligations are attached thereto; it’s merely our version of extending expertise in hopes that it might alleviate some prevailing anguish by assisting in decision-making during these challenging times.

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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 Bellwood

Areas of Practice in Bellwood

Bicycle Incidents

Dedicated to legal assistance for victims injured in bicycle accidents due to others' indifference or perilous conditions.

Fire Injuries

Providing professional legal support for individuals of serious burn injuries caused by occurrences or indifference.

Healthcare Malpractice

Providing dedicated legal advice for patients affected by physician malpractice, including surgical errors.

Goods Accountability

Dealing with cases involving faulty products, delivering professional legal guidance to consumers affected by defective items.

Nursing Home Neglect

Defending the rights of the elderly who have been subjected to misconduct in nursing homes environments, ensuring fairness.

Slip & Stumble Accidents

Adept in managing stumble accident cases, providing legal support to victims seeking redress for their injuries.

Neonatal Traumas

Delivering legal support for relatives affected by medical misconduct resulting in infant injuries.

Motor Crashes

Accidents: Concentrated on aiding victims of car accidents get reasonable compensation for harms and destruction.

Scooter Accidents

Dedicated to providing legal advice for riders involved in bike accidents, ensuring fair compensation for harm.

Semi Accident

Delivering adept legal assistance for drivers involved in trucking accidents, focusing on securing rightful recompense for damages.

Construction Collisions

Concentrated on advocating for staff or bystanders injured in construction site accidents due to carelessness or misconduct.

Cognitive Harms

Focused on ensuring professional legal advice for victims suffering from cerebral injuries due to incidents.

K9 Assault Injuries

Expertise in handling cases for persons who have suffered damages from dog bites or animal assaults.

Foot-traveler Incidents

Focused on legal support for joggers involved in accidents, providing effective representation for recovering recovery.

Unjust Passing

Striving for families affected by a wrongful death, offering empathetic and expert legal services to ensure compensation.

Neural Harm

Dedicated to advocating for clients with vertebral damage, offering compassionate legal guidance to secure settlement.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440