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Wrongful Death Attorney in Des Plaines

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

As wrongful death lawyers, Carlson Bier draws on an extensive depth of knowledge to serve families in Des Plaines. Navigating a wrongful death case can be distressing and complex, but our team is committed to guiding you through the legal system with compassion, clarity and confidence. Understanding state specific legislation is critical – it’s here where our Illinois-based expertise becomes invaluable. Our experience across a spectrum of cases allows us to deal with every unique detail associated with your claim professionally and efficiently. We have the necessary skill set to alleviate burdens that come aligned with daunting paperwork requirements – allowing you time for healing without compromising on the pursuit of justice for your loved one lost under tragic circumstances. Trust in Carlson Bier’s reputation; we are esteemed as leaders in this field because we demonstrate not just thorough understanding of law but also care deeply about the communities such as Des Plaines that we serve. Choosing us translates into entrusting us with something invaluable – agency over your path from personal loss towards resolution.

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About Carlson Bier

Wrongful Death Lawyers in Des Plaines Illinois

In the multifarious arena of personal injury law, one specific component often stands as vital yet somber – wrongful death. Suffering the loss of a loved one due to another’s negligence delivers a profound and life-altering blow that reverberates through life’s subsequent chapters. We at Carlson Bier, an experienced personal injury law firm based in Illinois, understand this painful anguish at our core.

Wrongful death forms itself when a person dies due to the legal fault or misconduct of another individual or entity. These cases often stem from motor vehicle accidents directly caused by negligent drivers, hazardous work conditions resulting in fatal accidents, defective products leading to tragic incidents, and inadequate medical care causing preventable deaths. Navigation within these complexities necessitates legal expertise sought and found at firms like Carlson Bier.

Having elucidated what constitutes wrongful death, it is equally essential to comprehend who can file such claims under Illinois law. This prerogative primarily comes into possession for immediate family members including surviving spouses or children of the deceased. Under some provisions paralleled with certain circumstances, siblings or parents may too possess eligibility to seek justice against their heartrending losses.

• Surviving Spouse

• Child(ren)

• Legal dependents (in some situations)

• Parents (in case of minor child’s demise)

Pivoting towards damages obtained upon successful prosecution of these cases illuminates dual aspects – economic and non-economic damages.Economic damages encapsulates monetary losses suffered as result of your loved ones passing which include but are not limited to:

• Loss of income

• Medical expenses

• Funeral costs

Conversely, non-economic damages deal largely with less quantifiable losses: pain and suffering, loss in consortium comprehended amongst others.To ascertain accurate values aligns consequentially alongside proficient representation.

Optimally focused on delivering concentrated attention you merit rather than stretching thin over numerous cities across Illinois; Our dedicated group at Carlson Bier brings forth immense personal injury experience. Through meticulous investigation, strategic negotiation, and vigorous courtroom representation, we aim to channel our expertise in assertion of your rightful dues.

Our partnership ensures that you feel enlightened through every stage – from understanding nuances cementing wrongful death cases to familiarizing Illinois’s lawful semantics or exploring possible routes for filing claims. Albeit information presented has sought simplification alignments towards easing comprehension; legal facets retain inherent complexities. We at Carlson Bier believe in collaborative approach where our prowess meets your innate courage thereby endeavouring together towards procuring justice and compensation warranted by you.

The loss accompanying wrongful deaths is immense and irreplaceable; nonetheless the monetary burden inflicted can be challenging under such emotionally stinging episodes.A dedicated team equipped with a wealth of knowledge about multiple dimensional aspects insulting such cases at Carlson Bier stands firm committed to promising systemic navigation while ensuring well-deserved benefits.

Embarking upon this journey may seem daunting initially but with assured dedication alongside driven expertise from Carlson Bier Personal Injury Attorneys Group; Every step unfolds with growing clarity.Genius lies in details and those are precisely what we pride in mastering over.

After enduring terse overview laden informative elements cultivating understandings encircling wrongful deaths,to absorb complete spectrum paired unravelling detailed applicability happens best via symbiotic alliances.We urge you therefore,to tap on the button below.Let’s discover the true worth behind your case.Allow us to assist in turning this turbulence into pursuit towards deserved justice and reparation.Make haste in securing one-on-one consultation with our adept attorneys manifesting significant years spent garnering pertinent expertise.Encourage untying knots entangled deeply within lawfully engrained rightfulness seeking journey.Hence click that button,your first stepping stone awaits unveiling leading path toward justified conclusions!

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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 Des Plaines

Areas of Practice in Des Plaines

Bicycle Crashes

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

Flame Burns

Giving specialist legal help for people of grave burn injuries caused by incidents or indifference.

Healthcare Malpractice

Extending experienced legal assistance for clients affected by healthcare malpractice, including medication mistakes.

Products Liability

Taking on cases involving problematic products, supplying skilled legal services to consumers affected by defective items.

Aged Malpractice

Protecting the rights of the elderly who have been subjected to malpractice in elderly care environments, ensuring fairness.

Slip & Fall Injuries

Professional in addressing fall and trip accident cases, providing legal support to individuals seeking justice for their damages.

Infant Traumas

Delivering legal guidance for households affected by medical negligence resulting in infant injuries.

Auto Mishaps

Mishaps: Focused on assisting patients of car accidents secure reasonable compensation for damages and destruction.

Two-Wheeler Incidents

Specializing in providing legal support for bikers involved in motorbike accidents, ensuring adequate recompense for traumas.

Semi Incident

Providing specialist legal support for drivers involved in trucking accidents, focusing on securing adequate recompense for harms.

Construction Site Incidents

Engaged in advocating for staff or bystanders injured in construction site accidents due to carelessness or carelessness.

Neurological Impairments

Focused on providing expert legal support for persons suffering from brain injuries due to carelessness.

Canine Attack Wounds

Adept at handling cases for persons who have suffered harms from dog bites or animal assaults.

Jogger Accidents

Dedicated to legal support for foot-travelers involved in accidents, providing professional services for recovering recovery.

Wrongful Passing

Striving for bereaved affected by a wrongful death, delivering understanding and skilled legal assistance to ensure compensation.

Spine Harm

Dedicated to advocating for individuals with paralysis, offering compassionate legal assistance to secure settlement.

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