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Wrongful Death Attorney in Christopher

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Are you coping with a loved one’s unexpected departure due to someone else’s negligence? At Carlson Bier, we understand the depth of your loss and acknowledge that no compensation can truly make restitution for this kind of tragedy. Nevertheless, it remains our mission to help you ensure justice is served. Renowned as expert lawyers in Wrongful Death cases across Illinois, including Christopher; Carlson Bier offers professionalism with empathetic counsel necessary during such devastating times. We have established long-standing credibility through successful outcomes for countless aggrieved families. Our knowledgeable attorneys scrutinize every detail around each occurrence ensuring strong representation in court. Turning dramaturgies into coherent arguments makes us stand out from other law firms dealing with Wrongful Death lawsuits; tying every possible thread to hold those accountable who caused unprecedented harm to your family member under wrongful circumstances affecting their life expectancy negligently or intentionally contributing towards their untimely death – proving beyond reasonable doubt in an Illinois Courtroom why they deserve rightful reparation for the bereaved next-of-kin.

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About Carlson Bier

Wrongful Death Lawyers in Christopher Illinois

At Carlson Bier, we understand the devastating impact a wrongful death can bring to an individual and family. Our firm, based in Illinois, is dedicated to providing expert legal services for clients dealing with this unfortunate situation. We believe that knowledge is power; hence, we have assembled this detailed guide on understanding Wrongful Death within the context of personal injury law.

Wrongful death occurs when a person dies due to negligence or intentional harm from another party. It’s often related cases such as car accidents, medical malpractice, workplace incidents or product liability issues. While no amount of compensation can replace the loss of a loved one, it helps cover financial obligations and provides future security for dependents left behind.

• The first key step in pursuing a wrongful death claim is establishing “duty of care.” The defendant should have been in a position where they were required by law to maintain the safety and well-being of the deceased.

• One must then demonstrate that there was a breach in this duty. This means providing evidence that actions taken (or not taken) did not align with the expected level of care.

• Thirdly it’s crucial to prove causation – showing beyond doubt that the breach directly led to your loved one’s demise.

• Lastly, you must present clear proof of damages resulting from the death. These could range from funeral costs to lost income or even emotional trauma faced by survivors.

As challenging as these may sound, rest assured you do not have to face them alone- our attorneys at Carlson Bier are skilled professionals equipped with comprehensive knowledge about Illinois’ wrongful-death laws ready to help attain justice for your tragic loss.

Unlike other states where damage awards may be limited or capped, Illinois allows plaintiffs seeking compensation through wrongful death claims full possibility towards monetary recovery since no caps exist concerning potential compensatory rewards. Understanding each aspect along with experienced representation significantly enhances success chances in achieving substantial verdicts or settlements.

In case proceedings go into trial, the law in Illinois requires a unanimous decision from all jurors. However, most wrongful death claims tend to reach settlements before getting to trial – something our skilled attorneys strive for, ensuring minimal stress for grieving family members.

Having an experienced attorney can make a significant difference when dealing with insurance companies who aim to minimize payouts or other responsible parties looking to evade blame. At Carlson Bier, we assure you that aggressive representation and relentless pursuit of justice will be prioritized while also acknowledging your need for compassion during such tragic times.

Furthermore, it’s crucial not to wait too long after the incident occurs due to the Statute of Limitations implemented by Illinois Law – typically two years from date of death. It’s advisable to seek legal assistance promptly which also allows gathering evidence whilst still fresh significantly boosting chances of successful claim resolution.

At Carlson Bier, we understand that no amount of money can replace a loved one. Still, we believe survivors should receive justice and deserved compensation. Our primary duty is representing you through intricate legal landscapes while providing sincere emotional support instrumental during these devastating moments. We have tried-and-true strategies tailored towards maximizing compensatory benefits in wrongful death cases.

Navigating this stressful period may seem overwhelming beyond description; however, knowing what actions need to be taken alleviates some burden off your shoulders allowing focusing on personal recovery without compromising possible justice for your lost loved one.

We invite you now to click on the button below and find out how much value your case holds at a no-cost obligation consultation session with us at Carlson Bier – where empathy meets exquisite expertise in wrongful death litigation built over several years’ commitment towards outstanding client service within Illinois jurisdiction area. Remember, each step forward brings closer closure sought…and closer justice rightfully deserved.

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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 Christopher

Areas of Practice in Christopher

Bicycle Accidents

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

Thermal Wounds

Providing expert legal help for patients of major burn injuries caused by incidents or carelessness.

Clinical Misconduct

Extending dedicated legal support for individuals affected by physician malpractice, including medication mistakes.

Items Fault

Dealing with cases involving defective products, providing adept legal assistance to victims affected by faulty goods.

Geriatric Misconduct

Defending the rights of the elderly who have been subjected to abuse in elderly care environments, ensuring protection.

Trip and Fall Occurrences

Adept in tackling stumble accident cases, providing legal support to victims seeking compensation for their losses.

Neonatal Wounds

Providing legal help for loved ones affected by medical incompetence resulting in newborn injuries.

Car Incidents

Mishaps: Focused on supporting victims of car accidents gain reasonable remuneration for harms and damages.

Motorbike Collisions

Specializing in providing legal support for victims involved in bike accidents, ensuring justice for harm.

Truck Accident

Providing specialist legal support for individuals involved in lorry accidents, focusing on securing appropriate recompense for losses.

Worksite Collisions

Committed to advocating for workmen or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Brain Damages

Dedicated to delivering specialized legal support for persons suffering from brain injuries due to carelessness.

K9 Assault Wounds

Proficient in managing cases for persons who have suffered injuries from dog attacks or animal assaults.

Foot-traveler Crashes

Committed to legal advocacy for joggers involved in accidents, providing professional services for recovering recovery.

Undeserved Passing

Advocating for relatives affected by a wrongful death, offering understanding and professional legal representation to ensure compensation.

Spinal Cord Damage

Specializing in advocating for victims with paralysis, offering professional legal assistance to secure redress.

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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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