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Wrongful Death Attorney in Bethany

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When facing the harsh reality of a wrongful death, you need steadfast legal support to guide you through complex litigation. Choosing Carlson Bier as your dedicated Wrongful Death attorney ensures compassionate handling of your case backed by an unwavering commitment to securing justice for you and your loved ones in Bethany. We specialize in Wrongful Death cases, offering unparalleled expertise honed over years of successfully representing clients who suffered immense loss due to someone else’s negligence or misconduct. Our dedication extends beyond courtroom victories—we aim for comprehensive resolution, ensuring beneficiaries secure the rightful compensation they deserve during such an emotionally challenging time. With clear understanding of Illinois state laws governing Wrongful Death suits coupled with our strategic negotiation techniques and thorough trial preparation methodology—Carlson Bier stands as a bastion in protecting clients’ rights against powerful adversaries while relentlessly pursuing accountability on behalf our client’s profound loss. Choose Carlson Bier- where trust and experience converge; Let us champion your cause towards obtaining rightful justice.

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About Carlson Bier

Wrongful Death Lawyers in Bethany Illinois

Understanding the profound nature of wrongful death litigation, Carlson Bier, a preeminent personal injury law firm based in Illinois, is committed to providing comprehensive legal representation designed to meet your unique and sensitive needs. Wrongful death claims are complex, emotionally charged areas of law that demand meticulous attention and empathetic handling. As experienced wrongful death attorneys at Carlson Bier, we use our wealth of knowledge and understanding to guide you through this challenging time.

Wrongful death arises when a person loses their life due to the negligence or intentional actions of another party. These cases often surface after fatal car crashes, medical malpractice incidents, work-related mishaps among others – all tragic occurrences that leave families devastated and outmatched financially. Our team avows to stand by your side every step of the way – from clarifying Illinois state laws on wrongful death suits to ensuring you attain maximum compensation for funeral expenses, lost wages, emotional trauma and all other related damages.

To break down the primary aspects of wrongful death cases:

– Determining Liability: One must prove beyond reasonable doubt that defendant’s negligence caused the victim’s untimely demise.

– Monetary Compensation: The objective is establishing concrete evidence for deserving financial aid covering income deficit among other losses accrued.

– Statute Of Limitations: It’s essential understanding timing regulations applied on filing these cases – usually within two years following victim’s passing.

– Survival Actions versus Wrongful Death Claims: Diverseiating between moneys received targeting medical expenditures or compensating for pain endured by deceased prior passing (survival action), as opposed to covering losses suffered by surviving dependents (wrongful death claim).

While lesser-known than car accidents or workplace injuries, survival actions are equally significant subjects in personal injury law where we’ve honed expertise.

At Carlson Bier we harness proactive litigation while revealing insights scaled upon years spent advocating for victims’ rights; offering services pivoted towards fostering justice coupled with comforting presence. This assistance alleviates burdensome legalese, allows taking inventory of personal losses beyond rigid courtroom settings.

Lastly, securing rightful compensation in a wrongful death case has both financial and emotional implications—providing closure to aquiring financial stability amidst fluctuating grief posits itself as vital journey prongs. Understanding internal turmoil surviving family members wrestle with following loss of loved ones, you are not alone; Carlson Bier will firmly stand beside you throughout this tumultuous chapter.

Navigating such complex law veil without guided assistance can prove challenging; our target is simplifying same through high-quality professional counseling that creates a larger canvas for understanding the legal landscape enveloping wrongful death suits– tendered from unparalleled expertise amassed over years inside courtrooms dealing with similar cases.

Our dedication extends past providing essential details regarding wrongful death litigation – we’re steadfast ensuring justice prevails whilst guaranteeing victims recover fair damages riddled along their grievous trails. Recognize value encapsulated within competent representation today; learn more about promising compensatory returns your claim might hold by clicking the button below, thus actively steering towards unveiling much-deserved compensation tied to your case’s unique intricacies. At Carlson Bier, we’re devoted towards illuminating paths paving way for equipped journeys down litigation’s convoluting corridors -aimed at relentessly fighting for justice you were wrongfully deprived.

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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 Bethany

Areas of Practice in Bethany

Cycling Accidents

Dedicated to legal advocacy for victims injured in bicycle accidents due to others's lack of care or perilous conditions.

Burn Damages

Supplying expert legal advice for patients of severe burn injuries caused by events or negligence.

Medical Negligence

Offering experienced legal services for clients affected by medical malpractice, including surgical errors.

Products Obligation

Taking on cases involving unsafe products, extending expert legal assistance to individuals affected by harmful products.

Aged Neglect

Advocating for the rights of aged individuals who have been subjected to neglect in nursing homes environments, ensuring compensation.

Fall and Fall Accidents

Skilled in handling trip accident cases, providing legal services to sufferers seeking redress for their harm.

Newborn Damages

Supplying legal help for kin affected by medical carelessness resulting in neonatal injuries.

Automobile Mishaps

Accidents: Dedicated to aiding clients of car accidents get reasonable compensation for hurts and losses.

Motorbike Accidents

Dedicated to providing legal support for motorcyclists involved in scooter accidents, ensuring adequate recompense for damages.

Trucking Collision

Offering professional legal support for persons involved in trucking accidents, focusing on securing just settlement for damages.

Construction Incidents

Focused on supporting workers or bystanders injured in construction site accidents due to recklessness or recklessness.

Neurological Traumas

Expert in providing dedicated legal advice for clients suffering from neurological injuries due to accidents.

K9 Assault Traumas

Specialized in dealing with cases for individuals who have suffered wounds from canine attacks or animal attacks.

Pedestrian Crashes

Dedicated to legal services for cross-walkers involved in accidents, providing effective representation for recovering restitution.

Unjust Loss

Fighting for loved ones affected by a wrongful death, delivering sensitive and expert legal guidance to ensure redress.

Neural Trauma

Specializing in assisting individuals with spine impairments, offering expert legal guidance to secure redress.

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