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Wrongful Death Attorney in Benld

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the heartbreaking event of a wrongful death, Carlson Bier is ready to champion your cause with comprehensive legal expertise and genuine compassion. As leading personal injury attorneys in Illinois, we understand when tragedy strikes close to home. Wrongful death cases involve complex laws and require meticulous navigation—we implement an aggressive approach so that justice can swiftly be served for your loved one’s untimely demise. Our firm’s reputation revolves around achieving successful outcomes even amidst challenging circumstances in Benld or any other locality within Illinois state lines. Carlson Bier stands by our commitment not just as lawyers but as empathetic partners who relentlessly steer towards gaining rightful compensation while offering constant support through every step of this difficult path. We analyze every distinct detail surrounding the case at hand and develop tailored strategies based on individual merits—seeking maximum recovery from parties liable for inflicting avoidable harm on families left behind to mourn. With decades worth experience with diverse wrongful death suits; trust Carlson Bier – where impeccable legal proficiency meets heartfelt advocacy during trying times.

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About Carlson Bier

Wrongful Death Lawyers in Benld Illinois

At Carlson Bier, we specialize in the complex arena of personal injury law and particularly focus on addressing cases linked to wrongful death. As an Illinois-based group of highly accomplished attorneys, our commitment is a continuous pursuit of justice for victims who have suffered undue losses due to another party’s negligence or intentional harm.

Wrongful death is a situation where someone dies due to the fault, error, omission or negligent act of another entity or person. This can cover a broad spectrum as it may include cases arising from medical malpractice, motor vehicle accidents, defective products resulting in fatal injuries, assaults leading to death and similar situations that cause the victim’s untimely demise. In these circumstances, state law allows claimants to file a lawsuit seeking compensation for their significant loss.

In Illinois specifically, lawsuits pertaining to wrongful death must be filed by a personal representative on behalf of surviving family members who have sustained direct damages because of the victim’s demise. This often includes spouses or children but can extend to parents if there are no immediate dependents. However following intricacies:

• The claim needs to be filed within two years from the date of the decedent’s passing.

• If minors are involved as beneficiaries they cannot pursue legal action unless represented by an adult.

• Compensation may include loss of financial support (income potential), relational deprivation – companionship, love and guidance besides others.

• Only ‘pecuniary’ damages (those which affect finances) will be considered while calculating claims.

Here at Carlson Bier where expertise meets compassion in our quest for justice; our approach goes beyond mere legal representation. We recognize that clients coming with wrongful death concerns not only need thorough professional advice but also require emotional backing during such challenging times.

We work in unity with clients using delicate empathy coupled with aggressive investigation strategies when needed. Every element including careful analysis of incident sites, scrutinizing available evidence meticulously and securing expert witness statements is undertaken diligently providing you with the robust representation your case demands. Our diligent exploration extends to monetary compensation totaling medical bills, funeral costs, estate administration expenses and even punitive damages when appropriate thereby ensuring full coverage in the fight for justice.

We also engage in pre-litigation negotiations putting forth our client’s best interests before deciding on proceeding towards a court trial. We’re acutely aware that wrongful death cases can be mentally exhausting and emotionally heavy which is why with our expertise, we aim to provide expedited results without compromising on rightful claims.

In conclusion, Carlson Bier offers unparalleled service ensuring wrongful death victims do not face their time of reckoning alone but have a powerful ally fighting beside them in their quest for justice. With years of experience under our belt and an unwavering commitment towards delivering solutions using strategic legal manoeuvres – you are assured professional assistance every step of the way presenting an unambiguous path towards securing justice quickly and efficiently.

As champions at unravelling intricate legal issues surging around wrongful deaths; Carlson Bier embodies professionalism combined with acute understanding providing comprehensive guidance facilitating informed decisions while concurrently preserving clients’ rights faithfully. Now take one decisive step ahead— click on the button below to find out what your case is worth from Illinois’s venerated personal injury attorneys: us! With Carlson Bier backing you, breathe relief knowing you’re in safe hands guaranteed formidable advocacy like no other.

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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 Benld

Areas of Practice in Benld

Pedal Cycle Mishaps

Dedicated to legal services for individuals injured in bicycle accidents due to responsible parties' lack of care or unsafe conditions.

Fire Wounds

Giving adept legal advice for sufferers of major burn injuries caused by mishaps or carelessness.

Clinical Malpractice

Ensuring expert legal support for persons affected by medical malpractice, including negligent care.

Merchandise Fault

Dealing with cases involving faulty products, providing expert legal assistance to victims affected by defective items.

Senior Neglect

Representing the rights of aged individuals who have been subjected to malpractice in aged care environments, ensuring compensation.

Trip & Slip Mishaps

Professional in addressing stumble accident cases, providing legal advice to persons seeking recovery for their injuries.

Childbirth Traumas

Delivering legal support for relatives affected by medical incompetence resulting in neonatal injuries.

Motor Accidents

Crashes: Committed to assisting victims of car accidents obtain appropriate settlement for wounds and harm.

Scooter Incidents

Committed to providing legal advice for riders involved in motorcycle accidents, ensuring justice for losses.

Semi Mishap

Offering adept legal assistance for persons involved in truck accidents, focusing on securing appropriate claims for losses.

Building Incidents

Dedicated to supporting staff or bystanders injured in construction site accidents due to oversights or irresponsibility.

Cerebral Traumas

Focused on delivering dedicated legal assistance for patients suffering from brain injuries due to negligence.

Dog Bite Injuries

Proficient in tackling cases for individuals who have suffered harms from canine attacks or creature assaults.

Pedestrian Collisions

Committed to legal advocacy for joggers involved in accidents, providing expert advice for recovering recovery.

Unwarranted Death

Standing up for grieving parties affected by a wrongful death, providing compassionate and adept legal representation to ensure redress.

Spinal Cord Harm

Dedicated to supporting victims with spinal cord injuries, offering specialized legal support 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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