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Wrongful Death Attorney in Carol Stream

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About Carlson Bier Associates

Facing the tragedy of wrongful death can be incredibly overwhelming, navigating through legal complexities in such painful times necessitates proficient assistance. Carlson Bier ensures that sensitivity to your grief is paired with robust pursuit for justice. Our track record as Wrongful Death attorneys speaks volumes about our commitment and expertise. While providing support to numerous families in Carol Stream, we have demonstrated tremendous success handling complex cases, working tirelessly towards favorable verdicts or settlements for clients. Our comprehensive understanding of Illinois laws guarantees diligent case evaluation and solid strategies formation; ensuring victim’s rights are preserved while seeking maximum compensation for damages incurred through negligence-based deaths. With an unyielding focus on serving impacted individuals, achieving justice remains pivotal at Carlson Bier – competence accompanies compassion here! If you want experienced wrongful death attorneys firmly committed to fighting for your cause timeously, making all neccesary efforts under the state law provisions until satisfactory resolution is obtained – look no further than Carlson Bier’s proven proficiency in this sensitive legal arena.

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About Carlson Bier

Wrongful Death Lawyers in Carol Stream Illinois

Seeking justice to complicate the unimaginable pain of a tragic loss is a vital course that Carlson Bier prides itself in assisting clients with. As dedicated and compassionate personal injury attorneys, we aim to provide substantial light on what wrongful death lawsuits entail within the expanse of Illinois law.

Touched by tragedy, families face an overwhelming landscape of hardships—a steep reality that may necessitate legal action. A wrongful death occurs when someone’s negligent or deliberate actions result in fatal consequences where if the person who passed away could pursue a personal injury claim, then their surviving family members could file for a wrongful death lawsuit.

When dealing with this tumultuous sea of grief and ensuing legal matters, understanding several key points relevant to your case can dramatically affect its outcome:

• Grounds for filing: Only specific relatives have the right to file such claims – spouses, children, parents (if deceased was a minor), and dependent blood relatives and step-siblings.

• Wrongful Death Damages: In general terms, compensation from these suits typically covers medical expenses related to terminal care before passing, lost income potential/future earnings (adjusted for inflation), emotional distress damages such as sorrow & mental suffering plus reimbursement for any property damage associated with accident/sequence leading up to demise.

• Time limitations: Illinois Statute of Limitations generally allows 2 years from date of death for loved ones left behind to launch personal injury litigation.

At Carlson Bier, understanding our client’s devastating loss motivates us daily. Our experienced team navigates through intricate State laws vehemently defending your rights while seeking comprehensive financial restitution.

In most cases analyzed under Illinois statute premises slate various degrees of fault which predicates upon either intentional acts or negligence contributing factor towards death. This might include any reckless operation like driving under influence causing road accident manslaughter or else neglecting safety rules at work site thereby causing industrial accidents.

Pursuing rightful compensation demands significant evidence connecting defendant’s culpability to demise. Detailed documentation is essential which encapsulates police reports, medical accounts, testimonies from expert witnesses – all collated to corroborate your claims.

We realize misfortunes do not always occur during office hours and precious time could slip by limiting crucial actions needed towards filing a claim in Illinois’s stringent timeline for wrongful death cases. This is why Carlson Bier ensures constant support for our clients around the clock.

Taking prompt action can curb future legal predicaments despite contending with traumatic loss simultaneously. Even though no amount of money could ever possibly replace your beloved kin, having financial backing in this dire hour will fill some holes exposed by sudden departure while you start mending shattered lives slowly yet surely.

At Carlson Bier, we ensure utmost transparency at every step; unfortunately, tragedy confines no particular zip code as well as jurisdictional boundaries within our practice which means we reignite hope across varying communities fell swoop throughout several counties staunched deep within Prairie State’s lush heartland rather than specifically residing where streets buzz lively Carol Streamward or else neighboring cities hum sumptuously under Chicago’s vibrant skyline.

Helping accident victims receive full & fair reward deserved following a loved one’s tragic passing remains our crucial initiative chartering paths through complicated law maze ultimately achieving hard-fought restitution on behalf of deserving families across Illinois riding strong tides confronting unimaginable sorrow head-on facing storm unflinchingly while claiming their legitimate rights justifiably given per stringent constitutional codes bestowed generously by state laws statewide.

Our ultimate goal at Carlson Bier is to alleviate much of your burden when faced with such a distressing life event. As productive members of this active community rooted firmly in serving justice over decades within diverse neighborhoods strewn wonderfully across fantastically designed county borders coursing freely through bountiful landscapes bounded closely onto Illinoian soil without restraining any citizen’s lawfully provisioned privileges extended equally far and wide spinning compass regardless subtlety pointing cardinal directions flitting limber lightning bugs in cool sommer.

Your loved ones deserve justice and you deserve peace of mind. Please, take the next crucial step towards securing these by allowing our dedicated team to assess your case’s true worth. We invite you to click on the button below and let the professionals at Carlson Bier map out a detailed plan aiming for maximum rightful returns given what you’re faced with today – it’s why we are here.

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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 Carol Stream

Areas of Practice in Carol Stream

Bike Mishaps

Specializing in legal representation for individuals injured in bicycle accidents due to other parties' recklessness or unsafe conditions.

Burn Damages

Extending skilled legal services for patients of serious burn injuries caused by accidents or misconduct.

Medical Negligence

Delivering expert legal support for individuals affected by clinical malpractice, including surgical errors.

Goods Fault

Dealing with cases involving dangerous products, delivering adept legal help to victims affected by defective items.

Aged Misconduct

Supporting the rights of the elderly who have been subjected to malpractice in nursing homes environments, ensuring protection.

Slip and Fall Injuries

Specialist in handling tumble accident cases, providing legal support to persons seeking compensation for their losses.

Birth Damages

Delivering legal assistance for kin affected by medical incompetence resulting in birth injuries.

Auto Mishaps

Incidents: Concentrated on helping individuals of car accidents obtain just compensation for wounds and destruction.

Two-Wheeler Accidents

Expert in providing legal assistance for bikers involved in bike accidents, ensuring justice for damages.

Trucking Crash

Offering expert legal services for victims involved in big rig accidents, focusing on securing rightful settlement for damages.

Construction Site Crashes

Focused on representing laborers or bystanders injured in construction site accidents due to safety violations or recklessness.

Neurological Harms

Focused on delivering professional legal assistance for patients suffering from brain injuries due to carelessness.

K9 Assault Traumas

Expertise in managing cases for clients who have suffered harms from K9 assaults or animal attacks.

Pedestrian Accidents

Dedicated to legal advocacy for pedestrians involved in accidents, providing comprehensive support for recovering damages.

Unfair Demise

Working for relatives affected by a wrongful death, extending empathetic and professional legal guidance to ensure fairness.

Spinal Cord Damage

Expert in defending individuals with paralysis, offering expert legal services 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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