Wrongful Death Attorney in Edgewater

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About Carlson Bier Associates

When facing the harsh reality of a wrongful death incident within your family, act with utmost due diligence and consult Carlson Bier to protect your rights. As seasoned lawyers specialized in Wrongful Death cases, we thoroughly understand Illinois law and work relentlessly to help our clients get justice. Strongly recommended by various law associations within Edgewater for handling such sensitive matters with utmost professionalism yet personal touch. We at Carlson Bier strive to interpret legal complexities and alleviate the stress off your shoulders while seeking the best possible outcome for you. Our deep-rooted expertise, compassionate approach coupled with aggressive representation transforms distressing situations into a productive course towards justice. Recapitulating justice is not easy; that’s why you need an authentic ally during these turbulent times: Trust Carlson Bier -our proven track record speaks volumes about our commitment to serving those who are wrongfully bereaved.

About Carlson Bier

Wrongful Death Lawyers in Edgewater Illinois

Within the realm of Personal Injury law, one area that often leaves many grappling for answers is Wrongful Death. The team at Carlson Bier understand the profound sense of grief and loss that follows losing a loved one – simultaneously navigating through legal terms and processes can be nothing short of overwhelming. Our team not only strives to provide you with expert legal counsel but also endeavors to support and guide you during this challenging time.

Wrongful death claims are grounded generally in negligence; it asserts that a person’s death was caused by another party’s negligent action or failure to act adequately. This party could include individuals, corporations, educational insitutions or even government organizations. Generally these cases proceed when actions leading up to the tragic incident displayed carelessness, recklessness or intent to harm.

A wide range of incidents can give rise to wrongful death claims:

• Motor vehicle accidents

• Workplace accidents

• Medical malpractice

• Product liability

• Premises liabilities–accidents due to unsafe conditions on public or private properties

Unlike murder or manslaughter which come under criminal jurisdiction therefore dealt by prosecutors advocating societal interest, wrongful death claims are filed by decedent’s family members seeking civil remedies –typically monetary damages–for emotional pain and suffering, lost wages, medical expenses among others.

Although community standards might consider certain catastrophes as ‘wrongful’, Illinois state law doesn’t grant redressability in every such circumstance. There exist elaborative rules determining who may sue for wrongful death and what compensations they may solicit. Surviving spouse and next-of-kin are immediately eligible though minor dependants too have recourse under certain situations.

Critically important here is establishing the standard evidence: Duty of Care owed by defendant; Deficiency thereof; Direct causation between this lack and resultant fatal incident; And tangible damages suffered by survivors owing thereto. Cumbersome as it sounds, at Carlson Bier we aim make this entire process as simple as possible for you, patiently explaining the principles without resorting to foreign legal jargon.

Remember though that wrongful death claims follow a statute of limitations. In Illinois specifically, delegates have two-years from date of decedent’s demise unless qualified exceptions come into play extending this limit.

Compensation sought varies with each case and could include but are not limited to:

• Medical bills prior to passing

• Funeral and burial expenses

• Loss of future earnings / inheritance etc.

• Grief and sorrow, loss of society, companionship and consortium among others

Operating out of Illinois as expert personal injury attorney firm Carlson Bier – our job is easing our clients’ journeys through these crises. We stand besides you offering every bit of reassurance while striving relentlessly towards securing maximum adequate compensation against your losses.

Wrongful death cases can be intensely complex making it pivotal to rope in experienced legal professionals like ourselves who appreciate intricate nuances they hold. Over the years we’ve stood fiercely advocating victim rights over courtroom battles; always placing our clients’ needs at the centre – ethically advising-yet-respecting their choices even when decisions seemed unprofitable upfront for us.

And while no amount will replace losing a loved one, holding responsible parties accountable may deter repetition thus protecting others in future whilst bringing closure helping survivors heal more effectively.

To better understand how much compensation your case might command under existing Illinois state law could be an effective first-stage step towards redressability- justice even if so wished. Therefore we encourage you to click on the button below – find out potentially how much your case could be worth. Remember justice delayed is often justice denied; don’t hesitate seeking rightful damages due within legally permitted timeframes. At Carlson Bier, we’re here for YOU because WE CARE!

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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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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 Edgewater

Areas of Practice in Edgewater

Two-Wheeler Incidents

Specializing in legal advocacy for people injured in bicycle accidents due to others's lack of care or unsafe conditions.

Flame Injuries

Giving specialist legal services for people of severe burn injuries caused by mishaps or misconduct.

Medical Negligence

Offering dedicated legal support for clients affected by clinical malpractice, including surgical errors.

Items Fault

Handling cases involving defective products, delivering specialist legal help to consumers affected by product malfunctions.

Senior Abuse

Advocating for the rights of elders who have been subjected to abuse in care facilities environments, ensuring fairness.

Trip & Tumble Accidents

Expert in handling fall and trip accident cases, providing legal representation to persons seeking recovery for their losses.

Newborn Wounds

Supplying legal guidance for households affected by medical carelessness resulting in childbirth injuries.

Motor Mishaps

Crashes: Dedicated to assisting victims of car accidents receive reasonable compensation for hurts and destruction.

Two-Wheeler Collisions

Expert in providing representation for motorcyclists involved in motorbike accidents, ensuring justice for harm.

Truck Incident

Ensuring specialist legal advice for victims involved in trucking accidents, focusing on securing rightful compensation for injuries.

Construction Site Collisions

Committed to defending workmen or bystanders injured in construction site accidents due to oversights or misconduct.

Head Harms

Committed to extending specialized legal support for clients suffering from head injuries due to incidents.

Dog Attack Traumas

Skilled in handling cases for clients who have suffered injuries from canine attacks or animal assaults.

Foot-traveler Incidents

Dedicated to legal representation for foot-travelers involved in accidents, providing dedicated assistance for recovering compensation.

Undeserved Death

Working for grieving parties affected by a wrongful death, providing understanding and adept legal support to ensure compensation.

Vertebral Harm

Dedicated to defending patients with spine impairments, offering compassionate legal support to secure recovery.

Contact Us Today if you need a Person Injury Lawyer