FREE CASE CONSULTATION
312-622-2900
Facebook-f Linkedin Google Instagram

Wrongful Death Attorney in Elburn

Let Carlson Bier Fight For You

Over $50 Million in Recoveries

Carlson Bier Reviews And Ratings 5 Stars Google Reviews - Best Personal Injury Law Firm In Chicago
Find Out if You Have a Case in 10 Seconds
Jeff Bier – Founding Partner At Carlson Bier Best Personal Injury Lawyer In Chicago
Carlson Bier - 14 W Superior St Ste. 1503, Chicago, Il 60654, United States

About Carlson Bier Associates

In the midst of dealing with the tragic loss of a loved one, it can be daunting to navigate through the complexities of Illinois’s wrongful death laws. That’s where Carlson Bier steps in. Recognized as an experienced beacon within this field, our firm compassionately shoulders your legal burden during these trying times. Serving Elburn and surrounding areas, we wield expertise honed from years practicing personal injury law in diverse cases – especially wrongful death scenarios brokered by negligence or intentional harm. Our qualified attorneys work relentlessly to bring justice for your loved ones amid devastating circumstances by ensuring their voice is heard loud and clear inside courtroom walls; achieving fair compensation for irreversible damages inflicted upon you isn’t just our priority – it is our guarantee at Carlson Bier. Never face such an ordeal alone; let us stand by you throughout this journey, offering keen counsel coupled with unyielding representation tailored specifically to each unique circumstance presented in every case under our stewardship.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Elburn Illinois

At Carlson Bier, we specialize in personal injury law with a particular focus on cases involving wrongful death. Translated directly, wrongful death refers to situations where the negligence or misconduct of another results in an individual’s premature passing. Families caught up in such circumstances not only deal with grief and loss but also navigate legal complexities that can be overwhelming.

Understanding Illinois law is critical when faced with a wrongful death case. Essentially, you have two years from the date of your loved one’s passing to file a suit. Yet, every situation has its unique intricacies and exceptions which require expert navigation for potential success in court.

• One provision allows extension if there was fraudulent concealment, delaying the discovery of cause-of-death facts.

• Additionally, minors have until their 20th birthday to bring a claim forward regarding the death of parent(s).

• If multiple defendants are liable and not everyone could be identified within the statutory period, additional time may be allowed.

Successful claims must prove four vital elements:

1) Existence Of Duty: The respondent owed the deceased person a duty—for instance; motorists have obligations toward pedestrians that they responsibly operate their vehicles.

2) Breach Of Duty: You must demonstrate that this responsibility was breached through negligent actions or failure to act appropriately.

3) Causation Link: It should also be proven that this breach resulted directly in harm or casualty.

4) Quantifiable Damage: From lost earnings to pain and suffering before demise—it needs demonstration how these injuries caused significant damages.

Each lawsuit inherently presents its own diversity across elements & finding an experienced wrongful death attorney who is well-versed both in substantive state law as well local practices becomes indispensable.

Carlson Bier rightfully assumes pride over our meticulous approach towards building each case—from gathering necessary documentation for establishing causality to utilizing suitable experts for reinforcing arguments—we remain committed to ensuring justice prevails for families devastated by untimely demises due potentially avoidable accidents. With us, you get a winning combination of knowledge, experience, and resources.

Our wrongful death attorneys have honed their skills at crafting compelling arguments before jurors, explaining complex terminology in layman’s terms while empathetically expressing your suffering. Our reputation for achieving substantial settlements testifies to our unwavering commitment towards providing exemplary representation each grieving family rightfully deserves.

Our legal consultations are free—an opportunity for understanding how Carlson Bier’s dedicated team can support you during such sorrowful times—providing insights into the complicated procedures involving Illinois’ Wrongful Death Act & Survival Statute; while easing you through this emotionally-draining process with minimal disruption to your personal life.

Let us alleviate your burden by adeptly managing these intricate legal intricacies—we invite readers who require assistance with wrongful deaths stemming from motor vehicle accidents, medical malpractice scenarios, defective product issues, or construction site mishaps to explore our services further.

In truth, assigning monetary value to lost lives emanates considerable challenges due mainly on numerous socioeconomic variables. Conducting a comprehensive case review will give us insights into your specific situation; after which we are better equipped toward developing an initial projection regarding probable compensation fallouts – they could possibly encompass loss of companionship (consortium), loss of financial support besides funeral expenses and grief counseling costs.

By clicking the button below—you’re one step closer toward compensating for the significant damages inflicted upon your family due to another party’s negligent actions. Armed with experienced Illinois attorneys from Carlson Bier alongside navigating complex statewide statutes has never been easier—ultimately aiding you realize potential benefits faster than typically anticipated allowing focussed healing post such traumatic life experiences.

Find Out How Much Your Case is Worth
Testimonials from Clients

Your Success Is Our Success

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.
Education & Information

Resources For Elburn Residents

Links

Legal Associations and Lawyer Services

Online Legal Resources and Directories

Specialized Services and Educational Resources

Legal Blogs
SEE MORE

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 Elburn

Areas of Practice in Elburn

Bicycle Mishaps

Dedicated to legal services for victims injured in bicycle accidents due to others's indifference or hazardous conditions.

Scald Wounds

Extending skilled legal assistance for sufferers of grave burn injuries caused by occurrences or carelessness.

Physician Malpractice

Delivering expert legal representation for victims affected by physician malpractice, including negligent care.

Commodities Fault

Dealing with cases involving faulty products, extending expert legal support to individuals affected by defective items.

Aged Neglect

Supporting the rights of nursing home residents who have been subjected to misconduct in aged care environments, ensuring protection.

Stumble & Tumble Injuries

Skilled in handling slip and fall accident cases, providing legal advice to individuals seeking justice for their suffering.

Childbirth Damages

Delivering legal guidance for kin affected by medical carelessness resulting in infant injuries.

Auto Mishaps

Mishaps: Dedicated to aiding patients of car accidents obtain fair payout for damages and damages.

Motorcycle Mishaps

Dedicated to providing legal advice for victims involved in motorcycle accidents, ensuring fair compensation for injuries.

Big Rig Incident

Offering expert legal representation for victims involved in big rig accidents, focusing on securing rightful settlement for damages.

Building Accidents

Dedicated to supporting workmen or bystanders injured in construction site accidents due to negligence or irresponsibility.

Head Traumas

Committed to delivering specialized legal advice for persons suffering from neurological injuries due to misconduct.

K9 Assault Harms

Adept at handling cases for victims who have suffered wounds from dog bites or animal attacks.

Foot-traveler Mishaps

Expert in legal support for walkers involved in accidents, providing expert advice for recovering claims.

Unwarranted Demise

Advocating for loved ones affected by a wrongful death, delivering sensitive and adept legal assistance to ensure redress.

Backbone Damage

Expert in advocating for victims with backbone trauma, offering expert legal services to secure compensation.

Instant Case Evaluation

Contact Us Today if you need a Person Injury Lawyer

312-313-2440