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Wrongful Death Attorney in Downers Grove

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About Carlson Bier Associates

When facing the devastating aftermath of a wrongful death, residents in Downers Grove can rely on Carlson Bier to provide compassionate and robust legal representation. Our experienced team at Carlson Bier understands the emotional turmoil and financial stress that accompanies such tragedy. We are dedicated to relentlessly pursuing justice for your loved one while easing your hardship. With proven proficiency in Illinois Wrongful Death Law, we deliver unrivaled advocacy honed by years of victorious verdicts and settlements. Our commitment is evident – we leave no stone unturned investigating every aspect of each case, obtaining compelling evidence to ensure maximum recompense for our clients’ lived experience loss, financial detriment or sustained torment tied to their heartbreaking circumstances. At Carlson Bier, you’re not just a client; you’re family—and when part of our family hurts; it motivates us to fight fiercer than ever before until justice has prevailed! Choose us as your wrongful death attorneys—choose dedication, professionalism & unwavering determination for justice!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Downers Grove Illinois

At Carlson Bier, we strive to offer leading legal support for wrongful death cases. Based in Illinois, our group of expert personal injury attorneys is committed to helping you navigate the complex landscape of wrongful death laws. Our intrinsic understanding and seasoned experience in this area permit us to provide high-quality services that aim at prioritizing your interests.

The term ‘Wrongful Death’ refers to a situation where someone’s negligent or deliberate actions lead to another person’s death. The victim’s loved ones are often left grappling with emotional trauma and financial instability due to lost income, medical bills among other expenses. While no amount of money can ever compensate for the loss of a loved one, filing a wrongful death claim can help relieve this financial burden and serve as acknowledgment that the deceased need not have died in vain.

Here are some critical aspects pertinent to wrongful death claims:

• Legal Standing: Not everyone has the authority or right under Illinois law to file a wrongful death lawsuit – typically it’s reserved for immediate family members or legal representatives of the deceased’s estate.

• Burden of Proof: It is essential that clear evidence exists showing negligence or intentional harm by the defendant that directly led to the victim’s demise.

• Compensation: Wrongful death lawsuits often seek damages for funeral costs, lost wages, distress caused by loss of companionship/society amongst others.

Navigating these requirements alone can be overwhelming without professional legal guidance. At Carlson Bier, we intricately understand these principles inherent within Illinois’ Wrongful Death Act and commit ourselves tirelessly towards achieving client satisfaction across every case we take on board.

Our skilled team will fight relentlessly while advocating for your rights. With an unprecedented commitment toward understanding every facet personalized your unique case – we work meticulously advancing with strategic analyses enabling us keep damage specifics quantifiable easing equitable settlement negotiations process before trial proceedings initiated If despite those efforts litigation proves inevitable – fear not confident courtroom presence force reckoned lawyers serve unwavering representation upholding quest justice every phase thereby empowering you with the best fighting chance possible.

We are also aware that no two wrongful death cases are identical. Every situation has its unique aspects and circumstances. Our skilled personal injury attorneys take a personalized approach towards each case, aiming to integrate our expert knowledge with innovative strategies. With an exceptional mastery over wrongful death regulations, statutes, and litigation procedures, we guide victims’ families toward reliable legal remedies that align with Illinois law.

At Carlson Bier, transparency is paramount. We operate on a contingency basis meaning unless there’s recovery for you; we do not get paid – alleviating financial burden off your shoulders during already trying times adding much-needed peace mind by opposing additional stressors might come with seeking legal redress after such traumatic experience Focus instead on healing Let us carry heavyweight fight holding those responsible accountable their actions providing compensation due recklessly negligent party has caused untimely demise loved one.

Ultimately, the team at Carlson Bier aims to relieve the stresses associated with navigating this complex terrain while providing services designed your real-world practical needs so you can focus energy where it’s needed most – in grieving memory dear departed For anyone seeking clear-cut answers wrapped professional expertise supplemented compassionate understanding handling sensitive nature claims encourage click button below determine how much potentially worth together explore feasible steps ensuring rights interests preserved throughout process irrespective whether negotiation trial route ensues Our goal remains consistently aligned empowering push through challenging, uncertain periods along road creating better brighter tomorrow amidst unfortunate circumstance triumph over adversity.

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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 Downers Grove

Areas of Practice in Downers Grove

Two-Wheeler Accidents

Proficient in legal services for individuals injured in bicycle accidents due to others's lack of care or risky conditions.

Scald Injuries

Providing expert legal assistance for patients of major burn injuries caused by mishaps or carelessness.

Healthcare Incompetence

Ensuring expert legal advice for victims affected by healthcare malpractice, including negligent care.

Items Liability

Taking on cases involving unsafe products, delivering expert legal help to customers affected by harmful products.

Elder Malpractice

Supporting the rights of elders who have been subjected to abuse in senior centers environments, ensuring justice.

Slip and Stumble Mishaps

Professional in dealing with fall and trip accident cases, providing legal services to sufferers seeking redress for their suffering.

Birth Traumas

Extending legal aid for households affected by medical incompetence resulting in infant injuries.

Motor Mishaps

Crashes: Dedicated to helping individuals of car accidents obtain just recompense for wounds and damages.

Two-Wheeler Accidents

Committed to providing legal assistance for riders involved in motorbike accidents, ensuring fair compensation for traumas.

Truck Crash

Delivering experienced legal services for persons involved in trucking accidents, focusing on securing adequate claims for harms.

Building Crashes

Focused on representing laborers or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Neurological Harms

Specializing in offering expert legal assistance for individuals suffering from neurological injuries due to misconduct.

K9 Assault Injuries

Specialized in managing cases for persons who have suffered injuries from K9 assaults or animal assaults.

Foot-traveler Incidents

Expert in legal support for pedestrians involved in accidents, providing comprehensive support for recovering damages.

Unfair Passing

Striving for bereaved affected by a wrongful death, supplying caring and experienced legal services to ensure restitution.

Spine Injury

Committed to defending clients with backbone trauma, offering professional legal support 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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