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Wrongful Death Attorney in Clifton

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About Carlson Bier Associates

When faced with the tragedy of wrongful death, you need someone who understands Illinois law and will fight for your rights. The team at Carlson Bier is dedicated to providing compassionate, relentless representation to clients wrestling with such a heavy burden. Our deep-rooted expertise in wrongful death cases positions us uniquely to take on complex litigation, ensuring that our clients’ interests are protected every step of the way. Wrongful death claims can be intricate but having Carlson Bier by your side ensures all aspects of state-specific legalities are handled professionally. We prioritize open communication and absolute transparency while working tirelessly towards securing compensation commensurate with your loss. Choosing the right attorney can alleviate some pressure during these particularly difficult times – make it Carlson Bier because we go above and beyond representing not just a case file but a life marked by loss too soon. Trust us as advocates dedicated to helping seek justice; our reputation speaks volumes about what we offer in uncompromised commitment and skilful advocacy.

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About Carlson Bier

Wrongful Death Lawyers in Clifton Illinois

At Carlson Bier, excellence and dedication form the cornerstone of our practice within the personal injury law landscape in Illinois. We specialize in representing clients who have endured tragic losses due to Wrongful Death—a legal term referring to a loss of life caused directly by another party’s negligence or intentional harm. Our thorough knowledge in this complex area of law ensures that we provide profound advice and vigorous representation for families seeking justice.

Wrongful death claims can arise from various circumstances such as medical malpractice, fatal car accidents, work-related accidents, criminal behavior, product liability among others. Each situation calls for an understanding of specific laws surrounding each cause—guidance that the adept team at Carlson Bier is adequately equipped to offer.

One crucial issue relating to wrongful death is proving liability or attributing fault. To win a wrongful death case:

• Duty of care must be established – This implies that the offender had a responsibility not to harm the victim;

• Breach of duty should be proven – Evidence should indicate that through either action or indifference, the perpetrator breached their duty;

• The breach resulted in a fatality – Clear connection between the offender’s actions (or lack thereof) and resulting loss.

Our experienced personal injury attorneys will meticulously gather compelling evidence, ingeniously structure it into an unassailable argument thereby upholding your rights while ensuring recourse for your immeasurable loss.

Another key element when engaging with wrongful death cases is compensation estimation which can prove challenging as it involves quantifying emotional pain and future lost income amongst other factors. At Carlson Bier we:

• Preserve all evidential material connected with future earnings potential;

• Procure expert testimonies trustworthy enough to stand under judicial scrutiny;

• Negotiate assertively on behalf of our clients throughout settlement processing.

Choosing qualified representation ensures rightful claim amounts are awarded reflecting true extent of pain suffered–an expertise you find readily available at Carlson Bier.

Illinois State Laws distinctly mandate timelines within which wrongful death claims ought to be filed—often two years from the day of death. However, deviations might occur subject to different circumstances carried by each individual case. As accredited personal injury attorneys in Illinois, we can confidently guide you through such legal intricacies while ensuring adherence to all statutory requirements.

Additionally, inherent complexities residing within wrongful death laws – such as allowance for punitive damages or the impassive statute of limitations – necessitate detailed briefing and mindful strategizing. A pledge you find fulfilled with the lawyers at Carlson Bier guiding your quest for justice providing reassurance every step of the way.

Above all else, choosing Carlson Bier means benefiting from a partnership built on trust, transparency and unwavering resolve—an essential triumvirate when charting dispiriting landscapes laid out by Wrongful Death cases. Our robust experience combined with comprehensive domain knowledge distinguishes our panel as one capable of delivering best possible outcomes under distressing circumstances.

Time is often crucial when faced with potential wrongful death litigation. The timeliness and thoroughness with which evidence gets collected can markedly impact compensatory amounts awarded—a task demanding immediate action. So empower yourself today; take charge; make that call you know can initiate change.

Join hands with us as your trusted legal allies in seeking justice and remuneration that rightfully belongs to you. Remember—it’s not just about winning a case; it’s also about reaffirming life amidst despair and mourning—an endeavor worth pursuing always!

Click on the button below now – let’s discover together what we at Carlson Bier could potentially achieve on behalf of your family because everyone deserves certain closure after suffering an unspeakable tragedy like wrongful death.

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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 Clifton

Areas of Practice in Clifton

Two-Wheeler Accidents

Expert in legal services for victims injured in bicycle accidents due to negligent parties' lack of care or dangerous conditions.

Fire Wounds

Offering professional legal help for sufferers of intense burn injuries caused by incidents or negligence.

Clinical Negligence

Delivering expert legal advice for individuals affected by physician malpractice, including medication mistakes.

Merchandise Fault

Managing cases involving dangerous products, offering specialist legal support to clients affected by faulty goods.

Geriatric Mistreatment

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

Fall & Stumble Mishaps

Specialist in handling trip accident cases, providing legal support to clients seeking restitution for their injuries.

Birth Injuries

Delivering legal assistance for households affected by medical incompetence resulting in neonatal injuries.

Automobile Mishaps

Crashes: Devoted to assisting patients of car accidents gain appropriate remuneration for damages and damages.

Two-Wheeler Mishaps

Expert in providing legal advice for victims involved in two-wheeler accidents, ensuring justice for damages.

18-Wheeler Accident

Providing adept legal advice for individuals involved in semi accidents, focusing on securing appropriate recovery for harms.

Building Accidents

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

Head Harms

Dedicated to ensuring dedicated legal representation for persons suffering from cerebral injuries due to incidents.

Dog Bite Wounds

Adept at dealing with cases for victims who have suffered wounds from puppy bites or animal assaults.

Jogger Incidents

Specializing in legal representation for foot-travelers involved in accidents, providing dedicated assistance for recovering damages.

Unwarranted Loss

Fighting for relatives affected by a wrongful death, delivering sensitive and experienced legal guidance to ensure redress.

Spinal Cord Harm

Specializing in assisting clients with vertebral damage, offering dedicated 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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