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Wrongful Death Attorney in DeKalb

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About Carlson Bier Associates

Navigating the unparalleled pain of losing a loved one due to wrongful death can be laborious. It is, therefore, essential that you entrust your legal battles with a practice as dedicated and seasoned as Carlson Bier. Renowned in DeKalb for their staunch advocacy and comprehensive understanding of Wrongful Death Law in Illinois, they meticulously work to protect your rights. The compassionate team at Carlson Bier invests ample time into every case to ensure personalized handling guided by empathy and professional insight. Excellence underscores Carlson Bier’s approach; they are always prepared for any contingency building an aggressive strategy customized for each unique situation till justice reaches its maximum potential outcome – whether through settlements or trial verdicts. Trustworthiness sets them apart: consultations remain absolutely confidential while incredibly accessible legal counsel married harmoniously with second-to-none litigation skills attests why choosing Carson Bier sets course towards optimal resolution during this most challenging season. Catering specifically to residents within DeKalb city limits needing formidable representation after experiencing wrongful death incidents – without fail, there remains hands down no better choice than imparting trust into this stalwart defender’s well-equipped hands.

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About Carlson Bier

Wrongful Death Lawyers in DeKalb Illinois

At Carlson Bier, we are an accomplished group of Personal Injury Attorneys based in Illinois where our principal focus is on Wrongful Death cases. Having substantial proficiency within this sphere of law, we have made it our mission to bring knowledge and enlightenment to the community concerning wrongful death tragedies.

Wrongful death tends to occur when an individual dies due to negligence or misconduct by another person or entity. More often than not, such negligent actions can involve medical malpractice, vehicular accidents, workplace hazards among others. The gravity surrounding lives lost through a preventable death calls for civil action aimed at seeking justice and compensation for bereaved families.

Understandably, following such heart-wrenching events there prevails confusion regarding legal steps which may seem complex & intimidating. However, with Carlson Bier Law Firm at your corner advocating for you, finding answers becomes a less daunting ordeal. Our combined years of experience & profound understanding of Illinois state laws equip us with proven strategies that invariably lead to success in wrongful death lawsuits.

One critical aspect commonly overlooked is the limitation period within which one should file their case also known as ‘statute limitations’. Under Illinois laws, this period spans up to two years subsequent to the deceased’s date of passing. Filing a lawsuit beyond this time framework will likely see your claim deemed invalid by courts hence why immediate actions are paramount.

Furthermore:

• Value of life for computation purposes: While no monetary value can replace a loved one’s loss under any circumstance; compensation availed seeks to cater for financial costs incurred as well as cushion against income loss previously provided by the deceased.

• Defendant Responsibility: Establishing defendant liability requires demonstrating their negligence caused the plaintiff’s demise thus bearing responsibility being resolved suitably during trial proceedings.

• Hiring Competent Counsel: Engaging knowledgeable & professional attorneys forms an indispensable part towards successful cases completion who would aggressively fight towards securing deserved compensation satisfaction.

Particularly at Carlson Bier; we understand wrongful death lawsuits go beyond providing compensation value but additionally giving families closure while ensuring that similar occurrences get prevented in the future. We couple our thoughtful empathy with our legal expertise to provide you proficient representation through every step of your pursuit for legal redress.

Our commitment is apparent in how we treat our clients – our team sees beyond a case file and builds bespoke solutions tailored to individual cases’ needs, allowing us to assist hundreds of bereaved families obtain justice. In each successful settlement or trial verdict, we find renewed vigor to further serve and shed light on wrongful death intricacies continuously.

Undoubtedly no amount of money can ever be truly adequate for losing someone you hold dear; nevertheless obtaining deserved compensation aids in relieving financial strains brought about by sudden losses hence easing recovery journey forward eventually.

Now that you’ve learned about Wrongful Death from this comprehensive guide, the Carlson Bier team stands ready to help drill down into specifics relative to your unique situation. Let us deploy our vast knowledge base and resource arsenal built over years of diligent practice in personal injury law towards making sense out of the emotional whirlwind you’re grappling with presently. Click on the button below now to determine approximately what compensation value your wrongful death lawsuit might potentially attract in Illinois courts should you choose us as your attorney group.

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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 DeKalb

Areas of Practice in DeKalb

Two-Wheeler Collisions

Proficient in legal support for persons injured in bicycle accidents due to others' lack of care or dangerous conditions.

Thermal Injuries

Giving adept legal assistance for sufferers of grave burn injuries caused by mishaps or negligence.

Hospital Incompetence

Delivering experienced legal advice for individuals affected by hospital malpractice, including negligent care.

Goods Liability

Managing cases involving defective products, providing expert legal services to clients affected by product-related injuries.

Elder Malpractice

Protecting the rights of the elderly who have been subjected to misconduct in senior centers environments, ensuring protection.

Trip and Stumble Mishaps

Adept in addressing stumble accident cases, providing legal assistance to victims seeking redress for their injuries.

Newborn Traumas

Offering legal help for relatives affected by medical malpractice resulting in neonatal injuries.

Automobile Collisions

Accidents: Committed to assisting victims of car accidents receive fair payout for hurts and harm.

Motorcycle Accidents

Committed to providing legal assistance for individuals involved in motorcycle accidents, ensuring fair compensation for harm.

Big Rig Incident

Extending specialist legal advice for victims involved in truck accidents, focusing on securing appropriate recompense for hurts.

Building Crashes

Concentrated on representing laborers or bystanders injured in construction site accidents due to oversights or irresponsibility.

Head Traumas

Dedicated to ensuring expert legal services for victims suffering from cerebral injuries due to misconduct.

Dog Bite Harms

Proficient in dealing with cases for people who have suffered injuries from dog bites or beast attacks.

Foot-traveler Crashes

Expert in legal services for joggers involved in accidents, providing professional services for recovering compensation.

Wrongful Demise

Striving for relatives affected by a wrongful death, extending understanding and professional legal services to ensure justice.

Spinal Cord Trauma

Focused on advocating for victims with spine impairments, offering dedicated legal services to secure recovery.

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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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