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Wrongful Death Attorney in Carrollton

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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

When dealing with the tragic loss of a loved one due to wrongful death, you need a steadfast advocate in your corner. The highly experienced lawyers at Carlson Bier are not just attorneys; they’re genuine guardians of justice who consistently fight for fairness and truth. Specialized in Wrongful Death legal matters, our firm compassionately handles each case with utmost dedication and professionalism – staunchly advocating on behalf of Carrollton families confronted with such devastating circumstances. We believe that making amends should never be out-of-reach for any family afflicted by an untimely demise caused by someone’s negligence or ill intent. Therefore, we strive to ensure rightful compensation sought is attained expediently yet judiciously—alleviating some burden off grieving families while facilitating their healing journey. Our considerable knowledge encompassing Illinois law significantly bolsters cases too – proving instrumental in securing favorable outcomes time and again under various complex scenarios we’ve adeptly navigated over the years.Choose Carlson Bier as your companion through turbulent times- because our commitment runs deep beyond being a mere legal service provider; we sincerely care about doing right by you.

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About Carlson Bier

Wrongful Death Lawyers in Carrollton Illinois

When a loved one loses their life due to the negligence or wrongful actions of another person, it can be an incredibly painful and challenging time. At Carlson Bier, as expert personal injury attorneys based in Illinois, we empathize with your situation and understand that no amount of compensation can replace the loss you’ve experienced. However, under Illinois law you have the right to seek justice through a process called ‘Wrongful Death’ litigation.

A wrongful death claim is a civil lawsuit typically filed by close relatives such as spouses, children, or parents. The objective is not to hold the responsible party criminally liable instead; it seeks to provide financial relief to family members burdened by sudden expenses associated with unanticipated loss like medical bills and funeral costs.

To help you better understand Wrongful Death claims in Illinois:

• A wrongful death lawsuit must demonstrate that: The defendant acted negligently or intentionally, these actions were direct cause of death and had the decedent survived they would have grounds for a personal injury claim.

• Claims for wrongful deaths are generally made due to fatalities from car accidents caused by DUIs or reckless driving; Medical malpractice where standard care protocols were breached could result in such suits too.

• It becomes essential when calculating damages in a wrongful death case to consider factors such as lost income (potential earnings that the deceased would have made if they lived expected lifetime), medical expenses incurred before dying due to negligence, conscious pain suffered before passing away and reasonable funeral/burial expenditures among others.

At Carlson Bier imbursement after losing their loved ones often find assurance knowing they don’t need compromise on future living standards because of uncalled-for tragedies.Knowing already how overwhelming this period could be for you distinctively offers legal services build around two main philosophies: compassion transparency. No matter complex factual issues involved we ensure clarity every stage proceedings guidance throughout journey recovery along pursuit accountability responsible party

It’s more than just navigating through the legal complexities of a Wrongful Death claim or translating complex legalese into layman’s terms; at Carlson Bier group, we commit ourselves to be your advocate and guide. We are here to answer every question you have, provide all information you seek, making sure that any decision made feels confident.

As it is with many aspects of life, time plays a critical role in these situations too. The Illinois Statute of Limitations stipulates that wrongful death claims must be filed within two years post occurrence-it means understanding options delivering swift action become paramount importance for potential case success.

We invite you click on button below estimate what your might worth short no-obligation consultation team professionals experienced personal injury attorneys This not commitment just opportunity explore possible compensation avenues strengthen financial security amidst uncertainty Don’t allow delay add stress already amplified by grief Let us shoulder burden contact today join countless individuals whom proudly served throughout our illustrious career

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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 Carrollton

Areas of Practice in Carrollton

Pedal Cycle Mishaps

Focused on legal advocacy for people injured in bicycle accidents due to others's carelessness or perilous conditions.

Fire Injuries

Supplying expert legal help for patients of intense burn injuries caused by accidents or indifference.

Hospital Misconduct

Offering specialist legal services for persons affected by medical malpractice, including wrong treatment.

Products Responsibility

Addressing cases involving faulty products, delivering expert legal help to consumers affected by faulty goods.

Geriatric Misconduct

Defending the rights of elders who have been subjected to mistreatment in elderly care environments, ensuring fairness.

Fall & Stumble Accidents

Skilled in dealing with tumble accident cases, providing legal assistance to persons seeking recovery for their damages.

Newborn Harms

Offering legal guidance for households affected by medical incompetence resulting in childbirth injuries.

Auto Mishaps

Collisions: Focused on helping individuals of car accidents receive just settlement for damages and destruction.

Bike Accidents

Dedicated to providing legal support for motorcyclists involved in two-wheeler accidents, ensuring fair compensation for harm.

Big Rig Incident

Delivering adept legal assistance for clients involved in semi accidents, focusing on securing rightful compensation for damages.

Construction Site Accidents

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

Cerebral Harms

Dedicated to extending compassionate legal advice for clients suffering from cerebral injuries due to accidents.

Dog Bite Damages

Adept at addressing cases for clients who have suffered damages from K9 assaults or beast attacks.

Foot-traveler Crashes

Specializing in legal advocacy for foot-travelers involved in accidents, providing comprehensive support for recovering claims.

Unwarranted Passing

Standing up for loved ones affected by a wrongful death, extending sensitive and professional legal representation to ensure justice.

Neural Damage

Dedicated to assisting patients with vertebral damage, offering professional legal guidance to secure justice.

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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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