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Wrongful Death Attorney in Clarendon Hills

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About Carlson Bier Associates

When grappling with the tragic aftermath of a wrongful death incident, consider Carlson Bier – your dedicated advocates in Illinois. Our specialized Wrongful Death attorneys serve Clarendon Hills and nearby areas, relentlessly seeking justice for grieving families. We endeavor to ease the burden thrust upon you by viciously pursuing compensation on every possible medium permitted by law. When handling wrongful death cases in Clarendon Hills, we meticulously investigate every aspect of the incident – from large-scale road accidents to minor workplace injuries which unfortunately resulted into fatal consequences – we cover it all! The combination of our keen eye for details and tenacity ensures that responsible parties are held accountable. Alongside our robust legal team is a civic consultancy dimension ensuring your case garners attention beyond litigation boundaries; enhancing chances of rightful restitution manifold. It’s time you chose Carlson Bier: an ally synonymous with resilience, expertise, compassion — committed unwaveringly towards justice for those lost due to tragic circumstances in Clarendon HIlls and surround areas.

About Carlson Bier

Wrongful Death Lawyers in Clarendon Hills Illinois

At Carlson Bier, we understand the profound emotional toll that wrongful death cases take on bereaved families. Experiencing the loss of a loved one due to another’s negligence presents an extraordinary burden. Situated in the heart of Illinois, our expert team of personal injury attorneys endeavors to provide understanding support combined with vigorous legal representation. We are committed to providing clear, user-friendly content and offer this informative guide about Wrongful Death to benefit readers like you.

Wrongful Death is a legal term referring to a scenario when an individual loses their life as a direct consequence of another party’s reckless or negligent behavior. The owners and staff at Carlson Bier have spent decades accumulating extensive knowledge in this field and it has brought us to the realization that litigants often grapple with confusion regarding what qualifies as wrongful death. It includes but is not limited to circumstances such as car accidents caused by intoxicated drivers, medical malpractice where healthcare providers demonstrate gross negligence leading to fatality or even situations involving faulty manufacturing which result in deadly product failures.

Awareness is power. To help further your understanding, here’s some key aspects:

• Wrongful Death lawsuits intend solely for obtaining justice for the deceased by holding perpetrators accountable.

• Successful litigation can result in financial compensation intended to cover funeral expenses, lost wages and other related costs.

• Plaintiffs are typically immediate family members who must present compelling proof linking alleged negligent party directly with the death incurred.

Effective Legal Representation – This phrase resonates deeply within every fiber of our ethos at Carlson Bier. Supporting distraught families through emotionally draining trials requires more than just expertise; it demands sensitivity accompanied by compassion which we promise each client that seeks our service. We believe firmly that education empowers people during such challenging times consequently making complex legal jargon comprehensible remains one of our top priorities.

While verifying liability forms an essential aspect of these cases, demonstrating evidence-based linkages between defendant’s behavior and victim’s resulting demise is critical. This element commonly known as ‘Causation’ forms the core of wrongful death cases. A sound understanding of these intricacies facilitates better comprehension and greater preparedness during the entire legal process.

Taking on an Illinois-based negligent entity amidst emotional turbulence can be daunting; another aspect that makes representation by experienced attorneys indispensable. At Carlson Bier, we maintain consistent communication throughout proceedings ensuring our clients stay well-informed because we aren’t merely your lawyers but partners seeking justice for you.

In conclusion, grappling with a loved one’s loss consequent to another’s negligence is tough enough without having to navigate through complex legal labyrinths alone. Our team at Carlson Bier has successfully represented numerous families across Illinois obtain justice translating into compensation most rightfully deserved thus earning us recognition in personal injury practice areas involving wrongful deaths.

Now it’s time to translate this knowledge into action. If you or someone you love has been affected by a similar case, remember – you are not alone, and there’s help available just a click away! Discover more about your potential case value right now by clicking on the button below. Join hands with us at Carlson Bier; let us guide you towards justice most rightly 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 Clarendon Hills

Areas of Practice in Clarendon Hills

Cycling Incidents

Dedicated to legal advocacy for people injured in bicycle accidents due to responsible parties' negligence or hazardous conditions.

Burn Burns

Offering specialist legal support for people of intense burn injuries caused by events or indifference.

Physician Malpractice

Providing expert legal representation for individuals affected by hospital malpractice, including medication mistakes.

Items Responsibility

Managing cases involving dangerous products, offering adept legal help to consumers affected by product malfunctions.

Nursing Home Malpractice

Defending the rights of seniors who have been subjected to neglect in nursing homes environments, ensuring protection.

Stumble and Slip Injuries

Specialist in dealing with slip and fall accident cases, providing legal advice to persons seeking compensation for their suffering.

Childbirth Traumas

Providing legal support for households affected by medical misconduct resulting in birth injuries.

Vehicle Crashes

Collisions: Concentrated on aiding individuals of car accidents obtain reasonable recompense for wounds and damages.

Bike Collisions

Dedicated to providing representation for individuals involved in motorcycle accidents, ensuring fair compensation for traumas.

18-Wheeler Accident

Extending experienced legal services for clients involved in lorry accidents, focusing on securing rightful settlement for damages.

Construction Collisions

Focused on supporting staff or bystanders injured in construction site accidents due to safety violations or negligence.

Brain Traumas

Specializing in delivering expert legal support for victims suffering from cerebral injuries due to carelessness.

K9 Assault Traumas

Proficient in dealing with cases for victims who have suffered damages from puppy bites or beast attacks.

Jogger Crashes

Expert in legal services for pedestrians involved in accidents, providing effective representation for recovering restitution.

Unfair Loss

Working for loved ones affected by a wrongful death, supplying compassionate and skilled legal support to ensure fairness.

Backbone Damage

Specializing in advocating for individuals with spinal cord injuries, offering compassionate legal guidance to secure justice.

Contact Us Today if you need a Person Injury Lawyer