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Wrongful Death Attorney in Elk Grove

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About Carlson Bier Associates

When loss of life results from another’s negligence or misconduct in Elk Grove, the trusted attorneys at Carlson Bier are prepared to provide compassionate assistance and skilled advocacy. Our firm specializes in Wrongful Death claims, aiming to prove liability and secure justice for grieving families. The dedicated team at Carlson Bier vigilantly works on your behalf as we navigate a complex legal system together during such an emotive period. We deliver comprehensive support by diligently preparing every case for trial while also thoroughly exploring all settlement options that serve our clients’ best interests. With detailed knowledge of Illinois laws surrounding wrongful death cases, coupled with solid negotiation skills gained over decades of practice, Carlson Bier attorneys can guide you through this challenging time with integrity and professionalism. You deserve a law firm whose singular focus is providing personalized attention tailored to help cope with the aftermath of tragedy – confidently choose Carlson Bier for your wrongful death claim needs in Elk Grove.

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About Carlson Bier

Wrongful Death Lawyers in Elk Grove Illinois

Welcome to Carlson Bier, a dedicated group of esteemed personal injury attorneys operating within Illinois. Our firm specializes in various aspects of personal injury law including, but not limited to, Wrongful Death cases. The topic of Wrongful Death can be daunting and complex; however, we aim to simplify this subject by providing comprehensive and easy-to-understand information.

Wrongful death is a legal term referring to the act of causing another person’s death through negligence or intentional harm. In these situations, the surviving family members may seek justice for their immeasurable loss by filing a wrongful death claim. The primary intent is not merely retribution but also securing crucial compensation that can cover medical expenses, funeral costs, lost future earnings, pain and suffering among other damages unique to such circumstances.

Navigating the specifics of wrongful death claims poses numerous challenges even under normal circumstances – which are elevated in periods of grief:

• Establishing Liability: To make a successful claim it must be proven that the defendant negligently or intentionally caused the victim’s death.

• Statute Limitations: In Illinois, you have only two years following from date of death in which to bring forward your claim.

• Damage Assessment: Evaluating economic damages such as lost income requires expert input and understanding.

We at Carlson Bier are here to help you tackle these hurdles with confidence. We offer personalized advice on how best present your case while simultaneously guiding you through every step involved in submitting and winning a Wrongful Death lawsuit.

Claimants often grapple with quantifying non-economic losses, which refer primarily to emotional distress they experience due to absence of their loved ones. Arguing for these more abstract damages successfully demands an empathetic approach bolstered by solid legal tactics – representing key strengths inherent in our strategy here at Carlson Bier.

In addition to helping clients navigate legal complexities surrounding wrongful deaths suits like time constraints attached per jurisdictions (statutes) limit set respective states where actions might be taken, our attorneys will also help you ascertain all potential avenues for recovery so that no stone remains unturned when seeking justice from those who’ve inflicted harm.

Below are some key pointers when considering a Wrongful Death claim:

• Remember to act promptly, given the limited timeframe.

• Document and preserve any evidence related to your case.

• Reach out to us at Carlson Bier as soon as possible – swift professional guidance is critical.

Our seasoned personal injury lawyers at Carlson Bier bring not only their legal expertise, but also their compassion and understanding to every case we handle. We understand how overwhelming it can be dealing with grief while trying to seek justice for your loved one’s untimely demise. This is why we commit ourselves fully in assisting you throughout the process; providing reassurance, much-needed answers, and peace of mind.

The journey towards claiming what’s rightfully yours starts from an understanding of how much your wrongful death case may potentially be worth – which often hinges on intricate details unique to each situation. Click on the button below for an expert evaluation of your particular scenario with guaranteed confidentiality and zero obligations. Trust in Carlson Bier: where empathy meets legal mastery, let’s navigate this journey together and reclaim your rightful compensation.

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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 Elk Grove

Areas of Practice in Elk Grove

Bicycle Accidents

Specializing in legal advocacy for people injured in bicycle accidents due to responsible parties' recklessness or hazardous conditions.

Fire Wounds

Offering specialist legal services for people of severe burn injuries caused by accidents or indifference.

Hospital Incompetence

Providing experienced legal representation for patients affected by clinical malpractice, including wrong treatment.

Commodities Responsibility

Addressing cases involving unsafe products, offering professional legal support to consumers affected by defective items.

Senior Malpractice

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

Trip and Slip Accidents

Skilled in addressing trip accident cases, providing legal representation to sufferers seeking restitution for their injuries.

Birth Injuries

Supplying legal support for kin affected by medical negligence resulting in birth injuries.

Vehicle Incidents

Crashes: Devoted to aiding individuals of car accidents gain appropriate settlement for hurts and damages.

Motorcycle Incidents

Committed to providing legal services for riders involved in two-wheeler accidents, ensuring rightful claims for traumas.

Big Rig Accident

Extending expert legal advice for individuals involved in truck accidents, focusing on securing just recompense for damages.

Building Incidents

Dedicated to defending employees or bystanders injured in construction site accidents due to oversights or negligence.

Cerebral Impairments

Specializing in extending specialized legal support for individuals suffering from head injuries due to misconduct.

Canine Attack Injuries

Proficient in managing cases for victims who have suffered injuries from puppy bites or wildlife encounters.

Cross-walker Crashes

Expert in legal services for cross-walkers involved in accidents, providing professional services for recovering recovery.

Undeserved Demise

Advocating for loved ones affected by a wrongful death, delivering empathetic and skilled legal assistance to ensure restitution.

Spine Harm

Expert in assisting clients with spinal cord injuries, offering specialized legal representation to secure compensation.

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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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