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Wrongful Death Attorney in Brookfield

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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

The sudden loss of a loved one can be overwhelming. Pursuing legal action during such emotionally grueling times might seem daunting, yet it’s often necessary given the financial burdens that accompany wrongful death cases. This is where Carlson Bier Attorneys at Law step in to lighten your load. We stand tall in Illinois, specializing in personal injury law while emphasizing on Wrongful Death cases specifically for Brookfield residents. Our team of dedicated attorneys has established an impressive track record by fervently advocating for those left behind and securing the compensation rightfully theirs under state laws. With extensive experience handling complex litigation matters and a deep understanding of regulations unique to Brookfield, we navigate through these intricate issues with adept guidance and compassionate care towards our clients’ grief-stricken journey towards justice. As advocates committed to preserving your rights while minimizing undue stress, seeking professional help from Carlson Bier signifies entrusting your case into highly skilled hands well-versed with navigating both courtrooms and negotiations alike – truly the best consideration when you need someone standing up for what’s right during impossibly challenging times.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Brookfield Illinois

The Carlson Bier team diligently serves the people of Illinois, providing top-notch personal injury law services to those in need. As a premier Personal Injury Law Firm in the state, we specialize in several areas of practice, including wrongful death cases.

Wrongful death is defined as when one loses their life due to legal fault on part of another entity or person. This could vary from car accidents and medical mistakes to defective products and negligent execution of duties leading to fatal injuries. In such instances, the survivor is entitled to file a lawsuit seeking justice for their lost loved one—a process that can undeniably be overwhelming, but vital nonetheless.

• It’s crucial first to understand your eligibility: Close relatives such as spouses, children, adopted kids, parents (biological or adopted) are typically recognized claimants.

• Before filing a suit, gather a sufficient body of compelling evidence that pins responsibility on the defendant.

• The compensations sought could include loss of earnings and consortium (companionship), mental trauma incurred besides funeral expenses.

At Carlson Bier, our experienced attorneys serve with compassion and dedication for each case they represent. We remain accessible at all times throughout this often complicated legal procedure offering guidance based exclusively on decades worth accumulated knowledge specific to such claims.

Illinois law emphasizes primarily two aspects about wrongful death suits:

• Act quickly: Within a year from when the unfortunate incident occurred or date upon which it was discovered who was at fault.

• The Burden of Proof: Unlike criminal cases where guilt must be proven beyond reasonable doubt; civil lawsuits employ ‘preponderance’ principle—meaning if there’s above 50 percent chance that accused party caused stated harm they can face judgment accordingly.

When dealing with these complex laws surrounding wrongful deaths it becomes imperative you engage only an accomplished attorney like ourselves—who not just interprets these correctly but also builds persuasive arguments upholding your interests optimally. Our lawyers strive relentlessly debating facts tirelessly with opponent’s counsel; fiercely negotiating insurance companies thereby considerably increasing chances of successful outcome.

The effects of a wrongful death are devastating and often leave unspeakable voids in lives. As attorney partners, Carlson Bier is committed to bringing you justice, offering experienced counsel in your time of need. We understand that no monetary compensation can truly make up for the loss, but it can instead help manage financial burdens resulting from this tragedy.

Our interaction with clients goes beyond just legal consultation—we offer moral support during these trying times too.We inform about rights awarded by state legislature ensuring they never feel alone as they travese this painful journey. Our relentless commitment to fairness encourages us develop personalized legal strategies on each case basis—optimizing success rates at least financially if not emotionally mitigating accrued damages substantially.

By entrusting your case to us, you ensure the best representation and increase your chances of securing a favorable judgement or settlement—lifting some burden off grieving hearts while giving room for rightful closure. Welcome to our family—a place of empathy and professionalism where every client’s needs are valued immensely; handled diligently till justice prevails!

While navigating through the unfortunate circumstance of losing a loved one due to negligence or recklessness, arm yourself with knowledge and enlist expertise ensuring rightful compensations don’t remain unclaimed. Considering our vast experience and positive track record in representing such claims we believe we’re well-placed partner lending strength during troubling junctures like these…Don’t face the fight alone; let us stand strong alongside protecting interests relentlessly.

Take an important first step towards restitution by finding out how much potentially your case could fetch – click on the ‘Calculate my claim’ button below retaining confidence that at Carlson Bier we’ll advocate tirelessly until justice served!

Find Out How Much Your Case is Worth
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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 Brookfield

Areas of Practice in Brookfield

Pedal Cycle Accidents

Specializing in legal services for victims injured in bicycle accidents due to others's carelessness or dangerous conditions.

Fire Wounds

Extending expert legal advice for people of serious burn injuries caused by occurrences or negligence.

Medical Misconduct

Offering dedicated legal support for patients affected by medical malpractice, including negligent care.

Items Fault

Addressing cases involving defective products, extending adept legal services to individuals affected by product malfunctions.

Nursing Home Abuse

Representing the rights of nursing home residents who have been subjected to malpractice in nursing homes environments, ensuring protection.

Fall and Fall Incidents

Adept in handling stumble accident cases, providing legal services to individuals seeking restitution for their harm.

Neonatal Traumas

Providing legal help for loved ones affected by medical malpractice resulting in neonatal injuries.

Auto Mishaps

Mishaps: Dedicated to aiding individuals of car accidents receive equitable settlement for wounds and destruction.

Motorbike Accidents

Committed to providing legal advice for individuals involved in two-wheeler accidents, ensuring adequate recompense for injuries.

18-Wheeler Mishap

Extending professional legal representation for drivers involved in big rig accidents, focusing on securing just claims for harms.

Building Incidents

Engaged in supporting employees or bystanders injured in construction site accidents due to negligence or negligence.

Head Damages

Specializing in extending compassionate legal advice for victims suffering from brain injuries due to negligence.

Dog Attack Wounds

Expertise in managing cases for persons who have suffered wounds from K9 assaults or animal assaults.

Jogger Mishaps

Dedicated to legal services for cross-walkers involved in accidents, providing comprehensive support for recovering compensation.

Undeserved Loss

Standing up for grieving parties affected by a wrongful death, delivering caring and skilled legal support to ensure redress.

Spinal Cord Trauma

Committed to defending clients with backbone trauma, offering dedicated legal representation to secure recovery.

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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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