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Wrongful Death Attorney in Darien

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When faced with the unthinkable tragedy of a wrongful death, it’s crucial to turn to a trusted and experienced law firm. Carlson Bier offers compassionate support coupled with relentless legal representation in the field of wrongful death. With proven results across Illinois, our team affirms its commitment and diligence regarding such heart-wrenching matters. Our extensive understanding ensures you receive not just comprehensive guidance but also heartfelt empathy during this difficult journey toward justice. We aim to alleviate your stress, lighten your load and steer towards an outcome that serves rightful restitution for lives unjustly lost or devastated due to others’ negligence or misconduct. Carlson Bier’s goal is not only about seeking financial compensation; it’s primarily about safeguarding dignity and integrity after life-altering losses attributed to wrongful death incidents – ultimately striving for awareness which can deter future instances from occurring again while vindicating those wrongfully affected today.

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About Carlson Bier

Wrongful Death Lawyers in Darien Illinois

When a loved one’s life abruptly ends due to another person’s negligence or wrongful act, it can be devastating. Yet, the law provides a solemn recourse in such circumstances – the wrongful death claim. At Carlson Bier, we provide legal representation for personal injury victims and families affected by wrongful deaths across Illinois— offering an amalgam of empathy, expertise, and commitment towards achieving justice for our clients.

Wrongful death refers to situations where an individual dies as a direct result of someone else’s negligent or otherwise wrongful act. Usually, these claims are managed on behalf of the deceased’s estate (often represented by surviving family members). This aids in holding responsible parties accountable and compensating survivors for economic and non-economic damages associated.

Three significant points define how Wrongful Death functions:

• Timeframe: In Illinois, you have two years from the date of your loved one’s passing to file a wrongful death lawsuit.

• Burden Of Proof: It is essential to demonstrate that alleged party’s negligence directly caused the fatality.

• Damages Evaluation: The ability to quantify accurately both tangible losses (like lost income) and intangible harms (pain & suffering).

Understanding these facets is imperative during litigation. However, they only scratch the surface of this complex area of law.

At Carlson Bier Associates LLC., our team boasts experienced attorneys with profound knowledge about local laws applicable in different regions across Illinois; thus providing personalized service per case specifics. To secure rightful compensation often involves intricately piecing together shreds of evidence and presenting compelling arguments against those responsible- tasks demanding vast legal experience combined with versatile advocacy skills which precisely represent our strong forte.

In terms of compensable damages potential under Illinois’ Wrongful Death Act encompasses:

• Losses suffered by decedent leading up to their demise such as loss wages if applicable;

• Pain endured by surviving family;

• Sorrows faced involving losing companionship;

• Funeral expenses burdening bereaved kin.

The wrongful death territory tends to be legally complex and emotionally charged. When the ultimate loss is suffered, grief and strain challenge regular functioning making legal scenarios even more daunting. Carlson Bier assures that, combined with our accomplished lawyers’ undivided attention catering to your case intricacies, you also receive ample emotional support during this unbearable period.

The difficult journey seeking justice in wrongful death cases needs precise navigation powered by expert guidance. Our attorneys galvanize every resource necessary—whether accessing critical information or orchestrating negotiations or trials—to protect your rights and secure optimal results for both economic and non-economic damages. Ultimately, we aim for benefitting clients beyond mere monetary awards- alternatively helping them achieve closure on painful chapters of their lives coupled with restoring semblance through just resolutions

Our commitment reflects profoundly via our transparent cost structure as well: we don’t charge any upfront fees; instead, Carlson Bier works strictly on “contingency fee” criteria – implying you pay only if compensations are awarded suiting your claim details!

At this juncture reflecting upon life-changing consequences following a loved one’s untimely loss due to another person’s negligence—a myriad of questions might cloud thoughts while sowing seeds of doubts about future course of actions. We assure never letting such disconcert bothersome ruminations hinder your rightful quest towards justice! To help uncover exact potential inherent within your valid claim click on the button below to assess what it could precisely be worth – grounding decisions on facts rather than haphazard speculations! Together let’s define ideal outcomes emanating from bleak circumstances setting stages for brighter tomorrows! Embark now upon this earnest journey aimed at comfortingly aiding through these trying times with rightfully adequate solutions backed by Carlson Bier expertise

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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 Darien

Areas of Practice in Darien

Bike Accidents

Expert in legal assistance for clients injured in bicycle accidents due to others' lack of care or risky conditions.

Burn Traumas

Offering professional legal services for patients of severe burn injuries caused by events or carelessness.

Healthcare Misconduct

Offering specialist legal advice for patients affected by physician malpractice, including misdiagnosis.

Merchandise Obligation

Dealing with cases involving defective products, offering expert legal assistance to consumers affected by faulty goods.

Aged Malpractice

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

Tumble & Fall Occurrences

Specialist in addressing fall and trip accident cases, providing legal services to victims seeking redress for their harm.

Childbirth Injuries

Providing legal aid for households affected by medical negligence resulting in birth injuries.

Vehicle Incidents

Collisions: Focused on helping patients of car accidents gain fair compensation for hurts and destruction.

Scooter Crashes

Specializing in providing legal assistance for victims involved in scooter accidents, ensuring adequate recompense for traumas.

Big Rig Mishap

Delivering expert legal representation for clients involved in trucking accidents, focusing on securing adequate claims for injuries.

Construction Incidents

Committed to assisting employees or bystanders injured in construction site accidents due to negligence or negligence.

Head Traumas

Dedicated to extending professional legal assistance for patients suffering from brain injuries due to carelessness.

Canine Attack Wounds

Expertise in handling cases for persons who have suffered injuries from dog bites or creature assaults.

Foot-traveler Accidents

Dedicated to legal services for pedestrians involved in accidents, providing effective representation for recovering damages.

Unfair Death

Advocating for relatives affected by a wrongful death, supplying understanding and adept legal services to ensure compensation.

Backbone Trauma

Specializing in assisting clients with spine impairments, offering expert legal services to secure justice.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440