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Wrongful Death Attorney in Crestwood

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About Carlson Bier Associates

In the tragic circumstances of a wrongful death, securing experienced legal representation is critical. You need a team capable of strident advocacy and compassionate client service – Carlson Bier embodies this dedication. Servicing Crestwood clientele, we specialize in handling complex wrongful death cases with tenacity and precision. Our meticulous investigation skills define our results, unraveling all possible avenues for justice for your lost loved one. What makes us an optimal choice? Proven expertise underpinned by numerous successful verdicts, proving every day that we strive to protect families touched by personal tragedy against potential injustices or negligence causing painful loss. Our skilled attorneys understand Illinois law intricacies thoroughly — seeking rightful compensation becomes more achievable when you collaborate with Carlson Bier’s diligent team. We assist pain-stricken families navigate their new reality sensitively yet assertively relentlessly pursuing truth and accountability on your behalf over their deceased loved one’s avoidable demise—trust only on Carlson Bier when facing such considerable adversity in Crestwood.

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About Carlson Bier

Wrongful Death Lawyers in Crestwood Illinois

Wrongful death cases, though rooted in tragedy, are sadly commonplace. At Carlson Bier, we focus our expertise on providing exceptional legal support to victims’ families during these trying times. As a premier personal injury law firm based in Illinois, we hold a deep understanding of the intricacies and complexities surrounding wrongful death lawsuits.

Firstly, it’s imperative for you to know what wrongful death is. Simply put, wrongful death occurs when a person loses their life due to the negligence or misconduct of another person or entity. When such unfortunate incidents transpire, surviving family members have the right to seek just compensation under the Illinois Wrongful Death Act.

The aim of these claims is not just about financial remuneration but also serving justice by holding responsible parties accountable. While nothing can alleviate the pain of losing your beloved one, financial stability can definitely help deal with unexpected expenditures and allow families time and space to heal.

Several elements must be established in order to successfully prove wrongful death:

• A human being was killed

• The death resulted from another’s negligent act or intent to cause harm

• Surviving family members are suffering monetary damage as a result

• A personal representative has been appointed for the decedent’s estate

Wrongful deaths can arise from various situations including medical malpractice where healthcare providers fail in their duty of care; workplace accidents where safety procedures have lapsed; motor vehicle accidents caused by reckless drivers; defective products when manufacturers fall short in ensuring product safety and more.

Understandably, navigating through this intricate space could appear daunting for grieving families grappling with emotional trauma while keeping pace with procedural timelines.

That’s when Carlson Bier comes into play – ensuring that your journey towards claiming rightful compensation remains frictionless.

As per Illinois laws, damages awarded differ on case-to-case basis depending primarily on tangible factors like:

• Pre-death pain and suffering endured by victim

• Medical costs incurred prior to demise

• Funeral and burial expenses

• Loss of income anticipated over lifetime

• Value of services the deceased would have provided

And importantly, intangible aspects too are taken into consideration encompassing:

• Loss of companionship

• Mental / emotional distress endured by family members

But take heart in knowing that Illinois law doesn’t impose any caps on worthwhile claims – this means there is no upper limit to potential damage awards. Our experienced team at Carlson Bier works meticulously uncovering every piece of available evidence to maximize your rightfully deserved compensation.

Time plays a critical role here as well; Illinois Statute of Limitations necessitates filing wrongful death suits within 1-2 years from the date of death (although exceptions may apply depending upon specific circumstances) – making it all-the-more crucial for you to promptly seek legal advice.

While no amount of financial remuneration can compensate for your irreparable loss, achieving justice in courtrooms stands symbolic not only as tribute to the deceased but also serves societal purpose deterring future negligent acts.

But remember: every lawsuit inherently carries uncertainties and presumed outcome isn’t guaranteed. Rest assured though – with us standing shoulder-to-shoulder with you, we help transform overwhelming complexities into winning possibilities thereby bringing some consolation during these challenging times.

Our commitment towards dispensing unwavering support through highest standards of integrity, understanding and respect really sets us apart. The team at Carlson Bier relentlessly champions defending families affected by wrongful deaths ensuring an empathetic approach underpinned by expert legal acumen.

Do bear in mind concerning Illinois advertising regulations that our office location resides only where physically evident serving faithfully without false localization implications.

Lastly, always cognize this fact – You don’t have just another case…you have OUR case!

Curious about how much your case could potentially be worth? We invite you to explore further details. Please click on the button below to find out more information which could bring comfort during unsettling times. Let’s work together on this journey, liaising legal expertise and compassionate assistance towards illumination amidst darkness.

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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 Crestwood

Areas of Practice in Crestwood

Bicycle Collisions

Expert in legal advocacy for persons injured in bicycle accidents due to other parties' recklessness or unsafe conditions.

Thermal Burns

Supplying skilled legal services for victims of serious burn injuries caused by accidents or recklessness.

Physician Carelessness

Ensuring experienced legal advice for clients affected by medical malpractice, including negligent care.

Goods Accountability

Managing cases involving dangerous products, offering skilled legal support to victims affected by product malfunctions.

Aged Mistreatment

Supporting the rights of seniors who have been subjected to misconduct in aged care environments, ensuring compensation.

Tumble and Trip Accidents

Adept in managing tumble accident cases, providing legal services to clients seeking recovery for their injuries.

Birth Injuries

Offering legal help for households affected by medical negligence resulting in childbirth injuries.

Automobile Collisions

Crashes: Concentrated on aiding patients of car accidents get reasonable compensation for harms and harm.

Motorcycle Incidents

Committed to providing legal advice for bikers involved in scooter accidents, ensuring rightful claims for losses.

Trucking Incident

Offering expert legal representation for individuals involved in lorry accidents, focusing on securing rightful recompense for hurts.

Construction Incidents

Committed to defending workers or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Brain Injuries

Committed to offering professional legal assistance for victims suffering from brain injuries due to accidents.

K9 Assault Traumas

Skilled in handling cases for people who have suffered damages from puppy bites or wildlife encounters.

Foot-traveler Mishaps

Specializing in legal representation for foot-travelers involved in accidents, providing professional services for recovering compensation.

Undeserved Loss

Striving for relatives affected by a wrongful death, extending sensitive and expert legal representation to ensure compensation.

Spinal Cord Damage

Committed to advocating for clients with spinal cord injuries, offering specialized legal support 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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