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Wrongful Death Attorney in Buffalo Grove

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Navigating the difficult path of a wrongful death claim requires skilled guidance. In Buffalo Grove and surrounding Illinois areas, Carlson Bier has earned a distinguished reputation in handling such complex matters with unwavering dedication to their clients’ best interests. Advocacy is an art honed through experience, meticulous examination of the law’s intricacies, and steadfast representation in every level of court – these elements define our approach at Carlson Bier. Our tenacious team willingly confronts insurance companies and rigorously engages all aspects related with wrongful death claims – medical costs, bereavement support or estate matters – ensuring you receive deserved compensation coupled with justice. Relying on our comprehensive knowledge of Illinois’ civil laws offers peace during distressing times as we professionally organize your pursuit for recompense without compromising compassion or respect for your grief journey’s delicacy. Yes, regrettably loved ones have been lost; however pursuing rightful justice ought not to compound one’s loss but assuage it instead – that’s the promise offered by us at Carlson Bier when representing your wrongful death case.

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About Carlson Bier

Wrongful Death Lawyers in Buffalo Grove Illinois

Welcome to the esteemed law firm of Carlson Bier, renowned Personal Injury attorneys in Illinois. We compassionately represent victims of negligence and their families, striving for justice in the most emotionally challenging circumstances of wrongful death.

Wrongful death cases are deeply sensitive, involving grave loss under negligent conditions such as automotive accidents, medical malpractice or workplace dangers. A wrongful death lawsuit seeks compensation on behalf of the deceased’s estate and family members impacted by this devastating loss. It differs from criminal lawsuits as it doesn’t intend to prove ‘guilt’ but aims at establishing negligence which led to fatal injury thus engaging a different realm of laws and procedures.

• Legal Grounds: In order to commence a successful wrongful death claim in Illinois, it is crucial that:

– The death was caused either fully or partly by defendant’s neglect or intentional actions.

– The defendant should be liable for the victim’s demise.

– There must be surviving beneficiaries or dependents according to state law.

– There must arise monetary damages associated with victim’s demise.

The success of subsequent litigation depends significantly upon scrupulous evidence based presentation crafted by your legal representative attracting compensations for lost prospects inclusive of wages and benefits forecasted through reasonably anticipated lifespan Besides these emotional damage like pain, suffering & loss of companionship are covered too.

Amongst the complexities of Illinois wrongful death act rests an important timeline called Statute Of Limitations which typically grants only two years from date when knowledge about negligent cause became certain unless exceptions occur due to many factors including type & place where incident occurred etc., thereby creating urgency in consulting appropriate litigating professionals soon after suffering such unfortunate occurrence.

• Law Interpretation Specificity: Details matter significantly hence choice of attorney drives case outcomes given how each minor segment may yield major interpretation variances consequently sculpting alternate rulings ensuing infinite possibilities then demands hiring personal injury lawyers owning well substantiated experience manipulating too often arid legislation language into definitive settlements aiming client’s rightful interest.

At Carlson Bier, we pride ourselves in possessing this precise expertise to serve families affected by wrongful death. Our fight is not just for compensation but to hold those at fault accountable thus paving way for deterred future occurrences too.

• Cost specifics: Factoring financial aspects means considerable understanding about many line components that include legal fees (mostly contingent upon success), various out-of-pocket expenses incurred during the process such as expert charges, document fee etc – all necessitating open & lucid communication with potential attorney ensuring clarity about ultimate monetary proceedings thereby encouraging confident decision making regarding course of action.

We assert absolute transparency over our work methodology and financial considerations, believing it forms trust enhancing cornerstone between client and us becoming thereby indispensable factor constructing winnable cases eventually.

Navigating through a wrongful death lawsuit can be overwhelming. Grief-stricken individuals often find themselves unprepared to deal with complicated legalities tied up in these emotional roller coaster rides. That’s where Carlson Bier steps in; easing burdens on your heart while relentlessly pursuing justice on your behalf.

If you have unfortunately lost a loved one due to negligent or intentional conduct of another individual or entity, please confide in us amidst these testing times while allowing our empathetic demeanor soothe stressful moments ahead served instantly with concrete plan fostering peaceful process contemplation towards securing legitimate rights abundance as an effort bringing some solace recognizing dear ones unfortunate departure.

For a comprehensive evaluation encompassing intricate case elements determining how much your case could potentially worth, please click on the button below. Let Carlson Bier spearhead this journey alongside offering comforting respite from taxing paperwork leading thereafter fighting incessantly until establishing deserved justice restoring thereupon today’s loss into tomorrow’s dignified resolution meant exclusively for you!

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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 Buffalo Grove

Areas of Practice in Buffalo Grove

Pedal Cycle Mishaps

Proficient in legal advocacy for clients injured in bicycle accidents due to responsible parties' recklessness or risky conditions.

Fire Traumas

Offering skilled legal advice for individuals of major burn injuries caused by accidents or carelessness.

Medical Misconduct

Providing expert legal assistance for victims affected by clinical malpractice, including medication mistakes.

Commodities Accountability

Addressing cases involving problematic products, delivering expert legal assistance to customers affected by defective items.

Nursing Home Mistreatment

Advocating for the rights of aged individuals who have been subjected to mistreatment in aged care environments, ensuring protection.

Stumble & Stumble Occurrences

Skilled in addressing trip accident cases, providing legal services to sufferers seeking restitution for their damages.

Newborn Wounds

Offering legal aid for families affected by medical misconduct resulting in infant injuries.

Vehicle Accidents

Crashes: Dedicated to supporting clients of car accidents gain fair compensation for damages and harm.

Motorcycle Crashes

Dedicated to providing legal advice for individuals involved in two-wheeler accidents, ensuring fair compensation for damages.

Truck Collision

Ensuring specialist legal support for persons involved in semi accidents, focusing on securing just settlement for injuries.

Construction Site Accidents

Focused on defending staff or bystanders injured in construction site accidents due to recklessness or negligence.

Cerebral Harms

Expert in delivering specialized legal representation for individuals suffering from brain injuries due to accidents.

Dog Bite Wounds

Expertise in handling cases for people who have suffered injuries from puppy bites or animal attacks.

Foot-traveler Crashes

Committed to legal support for foot-travelers involved in accidents, providing expert advice for recovering claims.

Unwarranted Demise

Striving for relatives affected by a wrongful death, providing sensitive and skilled legal representation to ensure fairness.

Spinal Cord Impairment

Dedicated to representing clients with spine impairments, offering expert legal services to secure compensation.

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