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Wrongful Death Attorney in Elmhurst

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About Carlson Bier Associates

When facing the extraordinary difficulty of dealing with wrongful death, Elmhurst residents can find guidance and support from the esteemed law firm Carlson Bier. This group distinguished itself as skilled advocates in wrongful death matters, understanding how crucial it is to bring about justice whilst easing the burden of this harrowing time. They diligently pursue compensation for such catastrophic losses like emotional trauma, burial costs or lost income on behalf of loved ones left behind. Their team’s combined years of litigation experience assures that they are well-adept in navigating complex legal issues associated with wrongful deaths; a fact which consistently provides their clients unparalleled representation during these difficult times. Furthermore, Carlson Bier’s attorneys are genuinely compassionate towards their clients’ plight and knowingly balance sensitivity with relentless perseverance to ensure rightful financial recovery while honoring a dear one’s memory. Considering these factors underlines why Carlson Biera stand among high-calibre options when seeking sound legal counsel after experiencing an unfortunate loss through another party’s negligence within Illinois.

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About Carlson Bier

Wrongful Death Lawyers in Elmhurst Illinois

At Carlson Bier, we are dedicated to sharing our expertise and providing superior legal services specializing in personal injury law. As a leading personal injury attorney group based in Illinois, one area of law where we excel is wrongful Death cases. If you have lost a loved one due to the negligent or intentional acts of another individual or entity, you may be shopping through a much-needed conversation about Wrongful Death suits.

Wrongful death is defined as one that arises from the misconduct of an individual, company, or other entity. This includes scenarios such as malpractice causing death during medical treatment, automobile accidents caused by irresponsible drivers, workplace incidents resulting from employer negligence or homicide. Basically, any incident where someone’s unlawful action leads to another person’s fatality can be grounds for a wrongful death lawsuit.

In dealing with these situations, understanding key issues related to wrongful deaths can bring comfort and clarity during difficult times:

– The Burden of Proof: In wrongful death lawsuits, it falls on the plaintiff (the deceased’s representative) to prove that the defendant directly contributed to their loved one’s demise.

– Damages Calculated: When determining the award amount in wrongful Death lawsuits—considerations include projected future earnings of the deceased had they been alive; costs associated with death itself like medical and funeral expenses; mental anguish suffered by family members; loss of companionship.

– Statute Limitations: Unlike most personal injury claims which afford two years statute limitations–for wrongful death lawsuits you only have one year from your loved one’s passing away to file a claim.

Being acquainted with these points will help guide your decisions as you engage us at Carlson Bier. We understand how distressing these circumstances are — grieving your loss while exploring legal redress simultaneously can appear daunting initially — But having an experienced team on your side can make all the difference.

Illinois law stipulates several restrictions and provisions guiding Wrongful Death suits which logically may escape non-professionals. That’s where we come in as personal injury attorneys to offer the necessary guidance and representation you need. Our role is to explain all aspects of wrongful death lawsuits, advising our clients about their rights, privileges, and legal options under Illinois law.

We also spearhead negotiations with insurance companies, prepare motions for court hearings, compile evidence for trials or settlements — offering you a complete litigation package from begin till end. At Carlson Bier, it’s not just about winning cases; it’s more about obtaining rightful justice while relieving families of undue burdens during emotionally strenuous times.

Whether you’re considering pursuing a Wrongful Death lawsuit or seeking professional advice regarding your situation–we’re here to help at every stage of your journey. We encourage you to click on the button below that reads “Determine My Case Value”. By doing this, you can find out what your case could potentially be worth in just a few minutes without any cost whatsoever.

Throughout your engagement with us— whether merely for consultation or actual courtroom representation—you will find us thoroughgoing yet personable; always ready to listen carefully and engage constructively in order to ensure that families get compensation they deserve when loved ones are lost tragically due to another’s fault. Click the button today and let us bring value back into your life through skilled legal representation.

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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 Elmhurst

Areas of Practice in Elmhurst

Two-Wheeler Accidents

Proficient in legal advocacy for clients injured in bicycle accidents due to negligent parties' lack of care or dangerous conditions.

Thermal Burns

Giving adept legal advice for individuals of serious burn injuries caused by accidents or indifference.

Physician Misconduct

Offering expert legal advice for individuals affected by physician malpractice, including medication mistakes.

Items Fault

Managing cases involving faulty products, extending professional legal help to customers affected by defective items.

Senior Abuse

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

Slip and Slip Occurrences

Specialist in addressing trip accident cases, providing legal assistance to clients seeking redress for their injuries.

Birth Traumas

Delivering legal aid for loved ones affected by medical carelessness resulting in neonatal injuries.

Automobile Incidents

Accidents: Committed to supporting victims of car accidents secure equitable recompense for damages and damages.

Two-Wheeler Mishaps

Committed to providing representation for individuals involved in bike accidents, ensuring just recovery for losses.

Big Rig Incident

Extending specialist legal services for victims involved in lorry accidents, focusing on securing rightful claims for harms.

Construction Site Mishaps

Committed to assisting laborers or bystanders injured in construction site accidents due to oversights or irresponsibility.

Neurological Injuries

Dedicated to offering dedicated legal advice for victims suffering from brain injuries due to negligence.

Dog Attack Harms

Skilled in tackling cases for people who have suffered harms from K9 assaults or wildlife encounters.

Cross-walker Crashes

Specializing in legal services for joggers involved in accidents, providing professional services for recovering restitution.

Undeserved Loss

Standing up for bereaved affected by a wrongful death, providing understanding and adept legal guidance to ensure fairness.

Spinal Cord Harm

Dedicated to supporting patients with vertebral damage, offering expert legal support to secure redress.

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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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