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Wrongful Death Attorney in Cary

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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 navigating the complexities of a wrongful death case in Cary, Illinois, it is crucial to have a knowledgeable and trustworthy partner. Carlson Bier, an established law firm specializing in personal injury cases including wrongful death events, provides such reliable legal support. Excelling with their distinguished record and client-oriented approach, they expertly manage the intricate navigation of these weighty matters. The loss of a loved one is distressful enough – entrusting your case to experts proficiently mitigates added hardship linked with legal proceedings. Reliable and compassionate staffing distinguishes Carlson Bier; they stand prepared to fight for deserved justice against responsible parties. Offering years of experience handling personal injury cases exclusive to Illinois laws gives them notable edge over others firms operating on broader terrains or lacking specialized portfolios in personal injuries related disputes thus making Carlson Bier an ideal choice when seeking representation for wrongful deaths within Illinois’s boundary lines. Choosing them means choosing comprehensive execution capabilities grounded firmly on reliable professional acumen and ethical standing.

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About Carlson Bier

Wrongful Death Lawyers in Cary Illinois

Carlson Bier – Your Advocate for Wrongful Death Cases in Illinois

When faced with the unexpected loss of a loved one attributed to negligence or intentional harm, it could be a painful ordeal that burdens your family. Not only are you grappling with emotional trauma but accompanying financial difficulties may amplify distress. Here at Carlson Bier, we understand these challenges and strive to seek justice for victims of wrongful death in Illinois.

Wrongful death refers to situations where a person’s untimely demise is caused by another party’s negligently irresponsible actions or deliberate harm. The causes can range widely from automobile accidents, workplace accidents, medical malpractice, product liability accidents to incidents related to violent crimes.

In Illinois law, surviving family members (spouse, children or parents) have the right to file a wrongful death claim against the responsible individual(s) or entity(ies). This civil lawsuit aims not only for obtaining monetary compensation but also holding those accountable who’ve shattered lives.

Key considerations involved in an Illinois Wrongful Death Lawsuit:

• Demonstrating proof of negligence: Claimants must establish that the guilty party’s reckless conduct led to their loved one’s untimely demise.

• Statute of limitations: As per Illinois law, heirs have two years from the date of death within which they must file such lawsuits.

• Potential compensation: Surviving spouse or next kin may receive financial recompense including expenses like funeral costs and medical bills apart from lost wages and companionship.

At Carlson Bier, our personal injury attorneys are skilled negotiators armed with extensive experience in dealing tactfully yet aggressively with insurance companies and opposing counsel. We ensure a comprehensive representation focusing on proving necessary elements – establishing fault; demonstrating causation between misconduct and fatality; calculating coverages against damages suffered so that bereaved families are fully compensated as per their legal rights.

Navigating through this complex process comes naturally to us at Carlson Bier where our diligent team puts forth a relentless pursuit for justice. We deploy rigorous investigative strategies, collect compelling evidence and enlist expert witnesses to build strong cases backed by unassailable facts.

Our personalised approach extends to supporting each client through the daunting legal procedures with empathy while ensuring their voices are heard in courtrooms. As your trusted advocate, Carlson Bier ensures that you do not bear unnecessary hardships during these challenging times even as discerning judges and unsympathetic defendants pose hurdles at every turn.

Lastly, it’s important to remember that litigation outcomes largely hinge on recognizing specific case nuances early. Therefore, prompt action is crucial for grieving families wishing to seek redressal via wrongful death lawsuits. Our goal is simple – deliver top-notch representation while maximizing victims’ compensation under Illinois wrongful death law.

In essence, at Carlson Bier, we don’t merely serve as your legal representative; we stand beside you throughout this arduous journey towards achieving closure and obtaining deserved retribution against those who wrested away a valuable life from you unfairly.

We invite you to take the next vital step – Connect with us today! Click on the button below for assessing potential case worth based on an honest evaluation matching your unique circumstances. Let Carlson Bier be the reliable partner in your fight seeking rightful reparations marking your cherished one’s untimely loss.

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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 Cary

Areas of Practice in Cary

Pedal Cycle Collisions

Specializing in legal support for victims injured in bicycle accidents due to others's negligence or risky conditions.

Burn Injuries

Providing adept legal services for victims of serious burn injuries caused by incidents or misconduct.

Hospital Misconduct

Extending experienced legal assistance for individuals affected by physician malpractice, including wrong treatment.

Merchandise Fault

Dealing with cases involving unsafe products, extending specialist legal assistance to clients affected by harmful products.

Aged Abuse

Protecting the rights of nursing home residents who have been subjected to mistreatment in nursing homes environments, ensuring compensation.

Stumble and Slip Injuries

Expert in dealing with slip and fall accident cases, providing legal representation to victims seeking restitution for their losses.

Childbirth Injuries

Providing legal aid for relatives affected by medical misconduct resulting in newborn injuries.

Vehicle Mishaps

Incidents: Focused on assisting clients of car accidents get fair settlement for wounds and destruction.

Motorcycle Crashes

Expert in providing legal support for victims involved in motorbike accidents, ensuring fair compensation for injuries.

Semi Accident

Extending adept legal services for victims involved in trucking accidents, focusing on securing adequate compensation for damages.

Building Site Crashes

Dedicated to assisting laborers or bystanders injured in construction site accidents due to recklessness or misconduct.

Head Impairments

Specializing in ensuring professional legal services for victims suffering from cognitive injuries due to incidents.

K9 Assault Harms

Adept at dealing with cases for individuals who have suffered traumas from K9 assaults or beast attacks.

Jogger Mishaps

Expert in legal representation for pedestrians involved in accidents, providing expert advice for recovering damages.

Undeserved Fatality

Standing up for relatives affected by a wrongful death, delivering empathetic and adept legal services to ensure compensation.

Neural Damage

Focused on advocating for clients with vertebral damage, offering dedicated 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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