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Wrongful Death Attorney in Boulder Hill

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About Carlson Bier Associates

When dealing with a case of wrongful death in Boulder Hill, finding experienced legal representation is crucial. Carlson Bier provides expert guidance through this complex field of law, ensuring the rights and concerns of our clients are prioritized. Our team has an unrivaled success rate on behalf of grieving Illinois families, skillfully navigating these emotionally charged cases to secure rightful compensation for lost loved ones. The combined wealth of experience at Carlson Bier equips us proficiently to challenge large corporations and powerful insurance firms that seek to undermine your claim. Acknowledged for demonstrating compassion alongside astute negotiation techniques, we strive relentlessly towards justice for those wronged by another’s negligence or misconduct in Boulder Hill area. Professionalism and commitment underscore everything we do – allowing families impacted by injustices the space they need to grieve while we fight diligently on their behalf. Let us be your advocates during this challenging stage as you navigate wrongful death litigation; choose Carlson Bier – where pursuing justice is not just our profession but also our mission.

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Wrongful Death Lawyers in Boulder Hill Illinois

Wrongful death claims are one of the most serious legal issues arising from personal injury incidents. It can be a painful and difficult situation to navigate, especially without the right professional guidance. At Carlson Bier, we specialize in wrongful death cases in Illinois, demonstrating a strong commitment to serving justice for our clients and their deceased loved ones.

Wrongful death refers to circumstances where someone dies due to the negligence or intentional actions of another person or entity. Not everyone realizes that they have the right to take legal action in these situations; think of it as a personal injury claim that is pursued posthumously. If your loved one’s unfortunate passing satisfies this definition, you may have grounds for a wrongful death lawsuit.

It is crucial to defining who is considered eligible for filing this kind of claim before proceeding further – every state has its way of determining rightful parties. In Illinois, by law, only “the surviving spouse and next of kin” are allowed to act as plaintiffs. This includes children or parents if there is no spouse or children involved.

There are key factors that determine whether wrongful death has occurred:

• Proving negligence: The defendant acted carelessly leading up to the fatal event.

• Breach of duty: The plaintiff must provide evidence showing how the defendant owed a duty to deceased, but failed.

• Causation: It should be demonstrated how this breach directly caused the death.

• Damages: Show conclusive proof of financial impact from loss.

We then calculate damages comprehensively using several components such as loss income potential and both pecuniary losses like medical expenses incurred prior and non-pecuniary which revolve around emotional distress resulting from losing someone prematurely because those left behind deserve compensation also based on the quality (emotional value) life had held at time when taken away unfairly

Understanding that grief prevents many families from jumping straight into prolonged litigation after suffering such loss—this route isn’t typically chosen lightly—it’s why we at Carlson Bier take utmost care while handling these cases. Our committed team strives to bring you some semblance of relief during such trying times by ensuring that the legal process is one burden less for you to shoulder, providing attentive and compassionate support throughout.

In light of this complex landscape of ‘wrongful death’ cases in Illinois, it can be incredibly helpful to have a professional navigate this unfamiliar terrain. Trusting our experienced personal injury attorneys at Carlson Bier will enable you to focus on healing and dealing with your personal loss while we handle the legal issues surrounding your case – advocating for justice through every step of the way until closure is reached.

The statute limitations also play an essential role; residents of Illinois have only two years within which they must file their lawsuit from when death took place – exceptions do apply; however, working hand-in-hand with our professional team ensures timely action, preparing necessary documents thereby preserving crucial evidence aiding in building robust defense resulting into desirable compensation.

We pride ourselves on dedicating time to comprehensively understand each unique case so as best position for insurance claim negotiations or even trial if necessary – all in line achieving maximum potential settlement possible ultimately bringing certain degree peace knowing that justice has been served loved ones who left too soon deserve nothing less than absolute commitment fulfilling this guarantee caregiving you chance start rebuilding life part by part after terrible tragedy forces shift gears unexpectedly mid-way.

As tremendously challenging as navigating wrongful death legalities may seem now; let us assure you: You’re not alone! Injured due to someone’s negligence? Concerned about managing medical costs coupled with unwarranted suffering? Reach out – Let Carlson Bier guide. Partner up with us right now – just click on the button below and find out what your case could worth. Empower yourself today by taking first steps towards securing fair compensatory retribution for irreplaceable loss endured due unexpected passing cherished beloved either owing unintended reckless actions another party.

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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 Boulder Hill

Areas of Practice in Boulder Hill

Bike Collisions

Proficient in legal advocacy for people injured in bicycle accidents due to other parties' carelessness or unsafe conditions.

Fire Wounds

Giving adept legal services for victims of severe burn injuries caused by mishaps or misconduct.

Clinical Malpractice

Offering specialist legal services for persons affected by hospital malpractice, including medication mistakes.

Merchandise Accountability

Addressing cases involving unsafe products, providing expert legal support to customers affected by product-related injuries.

Geriatric Mistreatment

Supporting the rights of the elderly who have been subjected to misconduct in senior centers environments, ensuring justice.

Stumble & Slip Mishaps

Expert in handling trip accident cases, providing legal services to clients seeking compensation for their losses.

Newborn Harms

Supplying legal aid for kin affected by medical incompetence resulting in birth injuries.

Car Accidents

Mishaps: Focused on aiding clients of car accidents get equitable settlement for hurts and impairment.

Motorcycle Mishaps

Specializing in providing legal services for riders involved in motorbike accidents, ensuring rightful claims for losses.

Big Rig Crash

Extending experienced legal services for individuals involved in truck accidents, focusing on securing fair recovery for damages.

Construction Site Incidents

Concentrated on assisting workmen or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Cognitive Harms

Dedicated to offering expert legal representation for victims suffering from head injuries due to incidents.

Canine Attack Damages

Expertise in tackling cases for victims who have suffered wounds from dog attacks or wildlife encounters.

Foot-traveler Collisions

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

Wrongful Fatality

Striving for loved ones affected by a wrongful death, offering caring and skilled legal support to ensure redress.

Neural Injury

Expert in defending clients with vertebral damage, offering expert legal support to secure settlement.

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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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