Wrongful Death Attorney in Bolingbrook

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About Carlson Bier Associates

Dealing with the tragic loss of a loved one is a painful experience. It becomes even more stressful when caused by someone else’s negligence or wrongdoing. This complicated circumstance necessitates seeking assistance from a competent and compassionate law firm like Carlson Bier, renowned for its success in Wrongful Death lawsuits across Illinois. Their expert attorneys are skilled at navigating complex legal terrain to pursue justice for their clients relentlessly. Committed to Bolingbrook community residents, they adeptly handle complications related to Wrongful Death cases such as dealing with insurance companies’ denial tactics, conducting professional independent investigations, and skillfully demonstrating liability before the judiciary system on their client’s behalf.

Rest assured that every case gains individualized attention, handled meticulously towards maximizing your claims potential while ensuring that justice prevails swiftly when wronged parties succumb because of negligent acts resulting in wrongful death consequences within the Illinois jurisdiction where you live – be it Bolingbrook or elsewhere. Trust Carlson Bier – garnering your rightful compensation is our commitment!

About Carlson Bier

Wrongful Death Lawyers in Bolingbrook Illinois

At Carlson Bier, we specialize in various aspects of personal injury law, including handling cases of wrongful death with tact, professionalism, and utmost respect for the grieving families. Wrongful death claims—claims made when a loved one has lost their life due to someone else’s negligence or misconduct—warrant diligent legal representation. Our devoted team provides precisely that in spades.

Wrongful deaths can transpire from several situations:

• Automobile accidents caused by reckless or drunk driving

• Medical malpractice resulting from healthcare professionals’ careless actions

• Workplace accidents, particularly in high-risk industries such as construction

• Premises liability occurrences where property owners failed to maintain safe conditions

These unfortunate scenarios require not just empathy but stern advocacy seeking justice. At Carlson Bier, our trained attorneys bring both to the table.

We understand that processing these traumatic losses can be challenging on multiple fronts—from emotional devastation to financial hardship—as funeral costs and potential income loss mount up. We proclaim it vital to provide you comprehensive knowledge regarding your rights and support you through this process, with the assistance of an experienced attorney who can navigate Illinois’ complex justice system.

To initiate a wrongful death claim, here are key steps involved:

• Proof of Death: Providing significant evidence like official death certificates.

• Validity Check: Showcasing how another’s misconduct resulted in the decedent’s demise.

• Assignation of Responsibility: Explicitly identify the party whose negligence led to the tragic event.

• Calculation of Damages: Calculating financial loss suffered because of an untimely departure is vital for compensatory damages.

Each wrongful death scenario differs; therefore individualized strategies prove imperative to uphold your claim successfully. Carlson Bier ensures optimal guidance throughout this complicated ordeal while safeguarding your rights—at solace as well as economic level—to facilitate maximum compensation deserved under Illinois law.

Illinois’ statute allows only specific family members eligible for filling Wrongful Death lawsuits – typically, the decedent’s surviving spouse and children. However, parents of deceased minors or even adult children can claim if the deceased was not married. Also, Illinois follows ‘modified comparative negligence’ rule implying that if your loved one was partially at fault for their demise, it could influence any potential suit’s result.

Timing also plays a crucial role in filing a successful wrongful death claim. In Illinois, the statute of limitations for such lawsuits is generally two years from the date of death. This time limit demonstrates why acting promptly to secure legal representation becomes so significant in securing justice and necessary compensation.

Importantly, we never forget that though we deal with such cases daily, each client’s case involves unique suffering—unique human loss—that necessitates handled with personalized sensitivity and adamant prosecution.

Remember – personal injury law can be overwhelming. It demands legal expertize to triumph over deceptive insurance companies who frequently employ strategies intending to reduce their payout or discard culpability altogether.

Choosing Carlson Bier means choosing an experienced representative proficiently versed in wrongful death claims intricacies—a team committed to securing maximum possible compensation while comforting you during an utterly distressing phase.

Embarking this battle should not deepen your struggle but alleviate it towards reclaiming some semblance of order—an aspect our attorneys stubbornly strive for; compassionately accompaniment every step alongside relentless pursuit underpinning your rightful justice serve!

We cordially invite you now: Harness Carlson Bier commitment—proven track record—to safeguard your rights proactively! Click on the button below right now! Let us help determine what you may potentially realize as just recoupment without further burdening yourself over unfamiliar terrains. Even as grief needs acknowledging; simultaneously enabling fair reparation isn’t solely a requirement—it’s a firm declaration! We stand ready—it’s time—are you? Start by calculating how much might your cause worth singularly beckoning…Here – click away indeed!

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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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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 Bolingbrook

Areas of Practice in Bolingbrook

Bicycle Mishaps

Focused on legal assistance for persons injured in bicycle accidents due to other parties' lack of care or dangerous conditions.

Fire Traumas

Offering adept legal help for people of major burn injuries caused by mishaps or recklessness.

Physician Carelessness

Delivering experienced legal representation for persons affected by medical malpractice, including misdiagnosis.

Products Obligation

Addressing cases involving unsafe products, providing expert legal support to clients affected by harmful products.

Senior Misconduct

Defending the rights of nursing home residents who have been subjected to neglect in nursing homes environments, ensuring compensation.

Slip & Stumble Accidents

Specialist in handling tumble accident cases, providing legal support to individuals seeking restitution for their harm.

Newborn Wounds

Offering legal assistance for kin affected by medical misconduct resulting in neonatal injuries.

Automobile Crashes

Accidents: Devoted to aiding clients of car accidents gain just payout for damages and destruction.

Motorcycle Collisions

Specializing in providing representation for victims involved in scooter accidents, ensuring adequate recompense for harm.

Trucking Crash

Delivering expert legal advice for clients involved in trucking accidents, focusing on securing appropriate recovery for hurts.

Worksite Crashes

Concentrated on supporting staff or bystanders injured in construction site accidents due to recklessness or misconduct.

Cerebral Traumas

Committed to providing dedicated legal representation for individuals suffering from head injuries due to accidents.

Dog Attack Injuries

Skilled in dealing with cases for people who have suffered injuries from puppy bites or animal assaults.

Pedestrian Mishaps

Specializing in legal services for joggers involved in accidents, providing dedicated assistance for recovering restitution.

Wrongful Passing

Standing up for families affected by a wrongful death, extending understanding and adept legal guidance to ensure restitution.

Backbone Injury

Expert in representing persons with paralysis, offering dedicated legal services to secure settlement.

Contact Us Today if you need a Person Injury Lawyer