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Wrongful Death Attorney in Berwyn

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About Carlson Bier Associates

In the aftermath of a devastating wrongful death, justice and fair compensation become pillars that provide some solace. At Carlson Bier, we shoulder this responsibility with dedication and experience rooted in Illinois law to navigate through these challenging scenarios. Concentrating on wrongful death cases is our strength, allowing us to fight relentlessly for your rightful claims. Our reputation as formidable advocates gives us an upper hand while dealing with complex legal systems or stubborn insurance companies unwilling to pay justified amounts. The resilience of Carlson Bier attorneys knows no geographical boundaries; our commitment sustains regardless of your location being Berwyn or elsewhere within the state boundaries. We understand how such losses can rattle lives both emotionally and financially; thus offering compassion along with refined acumen becomes second nature here at Carlson Bier. With us fighting by your side, you will realize why countless clients who embarked on similar journeys hold regard for what we deliver- nothing short than excellence wrapped in empathy during distressful times.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Berwyn Illinois

At Carlson Bier, we uncompromisingly champion for the rights of individuals and families who have suffered devastating losses through wrongful death incidents. Strategically based in Illinois, our skilled team of personal injury attorneys wholeheartedly understand the emotional torment parties involved go through when a loved one needlessly crosses the bounds of life due to another party’s negligence or misconduct. More importantly, we realize that no amount of compensation can reel back the clock on your loss; however, it can support you in dealing with medical bills, lost income and other unforeseen expenses tied to this implausible tragedy.

When we speak about Wrongful Death, it pertains to legal actions brought forth by surviving family members against those deemed responsible for an individual’s death. Usually attributed to negligence where someone died as a direct consequence of another person’s carelessness, each state has unique laws covering these cases but all intend to hold people accountable for their acts, prevent future occurrences and provide some level of pecuniary relief for affected families.

Upon seeking representation from us at Carlson Bier:

• We empower you with comprehensive guidance regarding your rights under the law

• You are represented by experienced and dedicated attorneys committed to obtaining maximum compensation

• Personalized litigation strategy optimized towards winning your case

• Honest communication ensuring you remain informed throughout every step

It is essential to clarify possible grounds upon which a wrongful death claim evolves:

-The defendant owes a duty of care: For instance, motorists are tasked with adhering to specific regulations guaranteeing public road safety.

-Default on duty: As seen when drivers disregard traffic laws leading to car accidents.

-Direct causation: Where an individual’s irresponsible conduct directly correlates with victim’s fatality.

-Damages incurred: The deceased’s estate or beneficiaries demonstrating monetary impact from death.

Seeking professional direction concerning wrongful death claims sanctions understanding that these lawsuits are fought fiercely since they typically involve large sums. Our vast experience enables us to decode legal complexities, allowing us to build solid cases adherent to stringent timelines dictated by the Illinois Statute of Limitations.

Time is a crucial factor in performing comprehensive investigations and preparing compelling arguments. The Variances in Wrongful Death Laws are another aspect that individuals often encounter difficulty with; each state presents unique regulations on the standing of claimants, damage caps, and verdicts derived from jury trials versus judge rulings. Carlson Bier’s adeptness in handling these discrepancies provides assurance for swift and precise navigation through intricate processes.

So why partner with Carlson Bier? We do not merely represent you as our client; we fight at your corner! With a proven track record of success bolstered by incisive capability to analyze medical evidence, accident reports coupled with persuasively presenting arguments before guardians of justice- insurance adjusters, juries or judges; echoes our singular objective – JUSTICE FOR YOU.

Understandably so, navigating through wrongful death litigation can be daunting given the medley emotions twirling around while familiarizing yourself with new jargon and deadlines. Having represented multitudes across Illinois- families like yours equips us with an intimate comprehension of what means being at your end of the spectrum: Grief-struck yet seeking justice!

In conclusion, our invitation stretches out straightforwardly towards steering through this painful phase together- Your Struggle Transforms Into Our Battle! Should you choose to take this bold stride forward with us – regardless whether it’s negotiating settlements or pursuing court trials rest assured that your case receives uncompromised attention while positioned strategically for maximum success rate upon filling proceedings. Carlson Bier’s commitment remains rock-solid – relentlessly pursuing full compensation justified under IL law for survivors riddled by premature demise’s toll.

For further clarity concerning wrongful death claims specific to your situation or assessing how much exactly your case could potentially fetch as compensation hit on button below – Let us guide you amidst this obscured path re-establishing some peace in an otherwise tempest life chapter. Take that first step today!

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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 Berwyn

Areas of Practice in Berwyn

Bike Incidents

Expert in legal support for individuals injured in bicycle accidents due to others' negligence or perilous conditions.

Thermal Burns

Extending specialist legal services for victims of major burn injuries caused by events or negligence.

Hospital Malpractice

Delivering dedicated legal assistance for patients affected by medical malpractice, including surgical errors.

Commodities Responsibility

Handling cases involving unsafe products, providing skilled legal support to customers affected by harmful products.

Nursing Home Malpractice

Supporting the rights of aged individuals who have been subjected to misconduct in elderly care environments, ensuring compensation.

Trip & Tumble Mishaps

Adept in managing stumble accident cases, providing legal support to clients seeking restitution for their damages.

Neonatal Wounds

Offering legal help for kin affected by medical incompetence resulting in birth injuries.

Motor Accidents

Crashes: Committed to assisting patients of car accidents secure appropriate remuneration for harms and harm.

Two-Wheeler Collisions

Committed to providing representation for riders involved in bike accidents, ensuring fair compensation for traumas.

Trucking Mishap

Extending expert legal support for victims involved in semi accidents, focusing on securing just compensation for damages.

Worksite Collisions

Dedicated to supporting employees or bystanders injured in construction site accidents due to carelessness or misconduct.

Cognitive Harms

Expert in delivering professional legal representation for individuals suffering from cerebral injuries due to accidents.

K9 Assault Wounds

Adept at addressing cases for clients who have suffered harms from puppy bites or animal attacks.

Jogger Incidents

Expert in legal services for foot-travelers involved in accidents, providing expert advice for recovering compensation.

Unfair Demise

Working for bereaved affected by a wrongful death, delivering caring and skilled legal assistance to ensure justice.

Neural Trauma

Committed to assisting patients with paralysis, offering expert legal services 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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