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Wrongful Death Attorney in Chester

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About Carlson Bier Associates

Have you experienced an unexpected and devastating loss due to someone’s negligence? At Carlson Bier, we specialize in Wrongful Death litigation. Our highly skilled lawyers, rooted in Chester community legal concerns, have a profound understanding of Illinois state laws pertaining to such tragedies. We extend our empathetic expertise beyond geographical boundaries and into hearts bereaved by wrongful death events. It is during these difficult times when the experienced counsel of Carlson Bier becomes integral – ensuring thorough exploration of all possible avenues for recompense under Illinois law. Striving for justice with unyielding determination allows us to convert grief into rightful compensation for your unspeakable losses. With decades-long legacy of triumphs in complex cases surrounding wrongful deaths, we are fueled by client success stories that serve as testaments to our unwavering commitment towards achieving favourable outcomes — making us a strong choice irrespective of your locality within Illinois.

Remember — time left unanswered only helps the opposition – trust in Carlson Bier’s seasoned prowess!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Chester Illinois

At Carlson Bier, we bring a deep understanding and extensive experience to the complex realm of personal injury law. Specializing in Wrongful Death cases, our dedicated team provides effective legal representation throughout the state of Illinois. We understand that suffering a loss is one of the most distressing experiences anyone could face. When this loss happens due to another person’s negligent action or failure to act, it has devastating effects on families and loved ones.

Wrongful death is a case that arises when a person loses their life as an outcome attributed directly to someone else’s intentional harm or negligence. Some instances where wrongful death occurs involve car accidents, medical malpractice, workplace mishaps or even defective products amongst others.

In lieu of these occurrences, there are certain elements which determine if these cases qualify for compensation. These could be:

• Proving negligence: For any wrongful death claim to be viable, the accused must have acted carelessly.

• Breach of Duty: It must be established that the defendant had a duty that he/she failed to fulfill.

• Causation: The plaintiff needs proof showing how the defendant’s negligence caused his/her loved one’s demise.

• Damages: The deceased must have accrued damages such as hospitalization costs, funeral and burial expenses, loss of income and potential earnings.

Acquiring adequate compensation requires persuasive argumentation skills against insurance companies who are continuously devising means not to pay accident victims what they deserve legally. Our team at Carlson Bier combines diligence with relentless determination while representing clients in court proceedings ensuring maximum verdicts or settlements possible under Illinois Personal Injury Law.

We strive vigorously pursuing not just justice but also establishing ties with our clients; hence direct communication with your attorney is always guaranteed – no middlemen involved! If you need any queries answered concerning litigation process associated with wrongful death claims in Illinois specifically tailored towards your case scenario – please do not hesitate call us today!

Illinois State law provides different categories for damages, both economic and non-economic. Economic encompasses the tangible financial losses due to wrongful death including funeral expenses, loss of income and possible inheritance. The intangible or non-economic damages could range from pain and suffering before death, loss of companionship or emotional distress.

Never second guess your legal rights when dealing with wrongful deaths by obtaining rightful legal representation. It’s crucial to get skilled personal injury attorneys who can pick apart the intricate elements involved in wrongful death occurrences ensuring clients’ best interests are taken care of throughout litigation process.

At Carlson Bier, we empathize that no amount of money can replace a loved one lost as it does little to heal such excruciating heartache! But rest assured our commitment is focused on making sure justice prevails – bringing those responsible for this unbearable pain to account!

We’re ready to fight alongside you through what might undoubtedly be emotionally tumultuous times helping navigate murky waters towards brighter days ahead clearly highlighted in new beginnings after successfully concluding each presented case.

Feel free to consult us now! Your immediate action may very well be difference between receiving full compensation rightfully owed under Illinois law against lacking adequate proof required leading probably missed out reward opportunity. Click on the button below to arrange an appointment today evaluating how much your case could potentially be worth!

Remember at Carlson Bier; we advocate strongly for families so they can focus squarely facing aftermaths left behind tragic incidents focusing healing emotional wounds incurred while leaving time-consuming task sorting ensuing legal battles onto our able hands. So why wait? Consult us today let’s begin journey towards finding closure enabling you start fresh life chapter head held high!

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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 Chester

Areas of Practice in Chester

Two-Wheeler Crashes

Focused on legal assistance for victims injured in bicycle accidents due to negligent parties' carelessness or unsafe conditions.

Flame Traumas

Supplying professional legal services for individuals of intense burn injuries caused by events or indifference.

Hospital Negligence

Extending expert legal support for victims affected by clinical malpractice, including medication mistakes.

Products Responsibility

Managing cases involving faulty products, supplying expert legal services to individuals affected by faulty goods.

Geriatric Malpractice

Advocating for the rights of the elderly who have been subjected to neglect in care facilities environments, ensuring compensation.

Slip and Tumble Accidents

Expert in managing trip accident cases, providing legal support to sufferers seeking redress for their damages.

Infant Harms

Supplying legal aid for families affected by medical negligence resulting in birth injuries.

Vehicle Incidents

Crashes: Committed to assisting sufferers of car accidents secure reasonable recompense for injuries and harm.

Two-Wheeler Incidents

Expert in providing legal services for bikers involved in bike accidents, ensuring fair compensation for damages.

Big Rig Accident

Providing adept legal support for individuals involved in semi accidents, focusing on securing adequate recompense for hurts.

Building Site Accidents

Dedicated to assisting staff or bystanders injured in construction site accidents due to negligence or carelessness.

Cognitive Damages

Expert in extending specialized legal advice for clients suffering from neurological injuries due to accidents.

Dog Attack Harms

Specialized in tackling cases for clients who have suffered injuries from puppy bites or wildlife encounters.

Cross-walker Incidents

Specializing in legal representation for cross-walkers involved in accidents, providing professional services for recovering damages.

Unjust Death

Working for bereaved affected by a wrongful death, offering understanding and skilled legal services to ensure restitution.

Vertebral Harm

Committed to defending victims with spine impairments, offering compassionate legal assistance to secure compensation.

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Contact Us Today if you need a Person Injury Lawyer

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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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