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Wrongful Death Attorney in Carpentersville

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About Carlson Bier Associates

In the distressing aftermath of a wrongful death, all you yearn for is justice. At Carlson Bier, we provide steadfast representation to help clients in Carpentersville navigate this complex path towards closure. Our seasoned attorneys have a proven track record and strong standing before Illinois courts in litigating wrongful death claims and securing deserved compensation for their clients. Why choose us? Our proficient team genuinely cares about your pain; not just as legal advocates but also compassionate professionals who understand what losing a loved one means. We meticulously analyze every detail of your case ensuring no overlooked elements affect your rightful recovery adversely. Though financial amends cannot replace a lost loved one, it can certainly aid in easing some burdens that may emerge amid such tragic circumstances. The commitment we have displayed when representing our clients serves as validation why Carlson Bier should be considered during these challenging times — upholding fairness while gracefully managing emotionally charged court processes inherent to wrongful deaths cases.

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About Carlson Bier

Wrongful Death Lawyers in Carpentersville Illinois

If you’re seeking an established and reputable legal representative to handle your wrongful death case, then Carlson Bier is the personal injury attorney group for you. Based in Illinois, our experienced attorneys are proficient at handling such cases with both sensitivity and dedication. Choosing to work with us ensures you receive not only top-tier representation but also unwavering support throughout this challenging period in your life.

Wrongful death cases arise from a multitude of circumstances; these can include medical malpractice, auto accidents, workplace mishaps amongst others. However intricate or straightforward they may appear on the surface, each case requires a keen eye for detail and thorough understanding of labyrinthine legal processes.

Three major concepts typically apply when it comes to determining liability in wrongful death cases;

• Duty of Care: This refers to the responsibility every individual has not to harm others or put them at risk.

• Breach of Duty: If someone’s actions – or lack thereof – put another person at risk or causes harm to them without adequate justification, they have breached their duty of care.

• Causation: It must be proven that the breach directly caused the damage or injury leading to death alluded as ’cause-in-fact’, proving direct causation and ‘proximate cause’ highlighting any indirect causes resulting from anticipated risks aligned with negligent behavior .

Understanding these three principles provides critical foundation knowledge concerning wrongful deaths, particularly in demystifying terminology often perceived as complex jargon solely reserved for lawyers. At Carlson Bier, we believe in empowering our clients through education; demystifying legalese is certainly one of many ways we deliver exceptional client service.

Besides determination of liability are several other facets associated lawsuit process including asset evaluation ensuring fair monetary compensation accounts depth hurt inflicted upon surviving family members , comprehending significance evidence gathering its impact overall strength case among others . Whether you’re new world personal injury law veteran who merely skimmed weeds past rest assured eons worth collective experience team can guide you through process start finish.

Illinois has a specific statute of limitations – that is, time limits for bringing wrongful death claims. Typically, these lawsuits have to be filed within two years from the day of the deceased individual’s passing; again emphasizing exigency accessing legal counsel soon after tragedy strikes arm you requisite knowledge ensuring your case doesn’t falter due mere technicalities like expiration statue timeframe .

When dealing with such devastating losses and complex litigation procedures, having an advocate by your side who comprehensively understands the ins and outs and provides relentless representation is paramount. The attorneys at Carlson Bier are committed to upholding this standard while maintaining crucial compassion throughout our dealings. We prioritize offering comprehensive support to families experiencing unimaginable loss, assisting them in achieving justice for their loved ones whilst simultaneously relieving some kind of financial strain.

Your actions today can significantly impact future proceedings related wrongful death lawsuit . That’s why we encourage you not only seek immediate medical professional attention press charges at earliest convenience but also reach out seasoned attorney help navigate storms potentially facing down line . By choosing us at Carlson Bier, opening up new world resources bearings benefit immensely beyond professional legal representation .

Whether it’s forming strategic plans action grounded extensive experience personal injury law , exercising rigorous approach gathering compelling evidence presenting riveting arguments facilitate successful outcome fighting tooth nail ensure rights protected importantly respected , becoming part Carlson Bier family availing yourself expert guidance navigation every step way towards journey justice closure .

While suffering a tragic loss can feel overwhelming, keep in mind that taking decisive actions may enable compensation that supports recovery efforts. While no amount replaces your dearly departed or eases inherent pain associated with such profund loss right course action facilitated timely involve competent will help establish life ‘normalcy’ albeit new navigating aftermath .

At Carlson Bier we’re here stand beside lifting daunting weight legal formalities shoulders allowing focus what matters most healing emotional wounds mending broken pieces left behind wake unfortunate events . We assure utmost dedication compassion working earnest towards optimal compensation deserved .

Intrigued find out potential worth of your case? Don’t hesitate. Involve us in your fight for justice today by clicking the button below to start this journey together with Carlson Bier, where we value and champion your interests above all else—we’re committed to securing the best possible result 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 Carpentersville

Areas of Practice in Carpentersville

Bicycle Incidents

Focused on legal representation for people injured in bicycle accidents due to responsible parties' negligence or unsafe conditions.

Flame Damages

Giving specialist legal assistance for individuals of serious burn injuries caused by accidents or misconduct.

Clinical Misconduct

Extending experienced legal support for clients affected by clinical malpractice, including surgical errors.

Goods Liability

Taking on cases involving problematic products, offering adept legal help to consumers affected by harmful products.

Senior Mistreatment

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

Slip and Slip Mishaps

Specialist in handling tumble accident cases, providing legal assistance to clients seeking restitution for their suffering.

Newborn Injuries

Delivering legal assistance for relatives affected by medical misconduct resulting in neonatal injuries.

Vehicle Collisions

Mishaps: Devoted to assisting clients of car accidents obtain just payout for damages and destruction.

Motorcycle Mishaps

Focused on providing legal assistance for bikers involved in motorbike accidents, ensuring fair compensation for traumas.

Semi Crash

Providing specialist legal advice for drivers involved in truck accidents, focusing on securing appropriate settlement for harms.

Building Incidents

Committed to advocating for laborers or bystanders injured in construction site accidents due to carelessness or carelessness.

Neurological Injuries

Specializing in delivering expert legal support for individuals suffering from brain injuries due to carelessness.

Canine Attack Injuries

Adept at managing cases for clients who have suffered damages from puppy bites or creature assaults.

Jogger Accidents

Focused on legal assistance for foot-travelers involved in accidents, providing dedicated assistance for recovering claims.

Undeserved Demise

Standing up for bereaved affected by a wrongful death, offering compassionate and expert legal representation to ensure restitution.

Neural Impairment

Dedicated to advocating for patients with spinal cord injuries, offering expert legal assistance 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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