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Wrongful Death Attorney in Elmwood Park

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About Carlson Bier Associates

If you’re dealing with a wrongful death matter in Elmwood Park, it’s crucial to have knowledgeable, experienced representation supporting your claim. That’s where the aptitude of Carlson Bier comes into play. As leading personal injury attorneys in Illinois, our expertise specifically encompasses Wrongful Death law. Trust is the cornerstone of our client relationships; rest assured that we handle every case delicately providing personalized attention and professional advice tailored to ensure justice prevails for your lost loved one. Our track record speaks volumes about us as acknowledged authorities on this complex area within personal injury litigation: securing favorable outcomes regardless of magnitude or complexity counts as routine work for us at Carlson Bier. Whether through assertive negotiation or persuasive trials, we’re committed to obtaining fair compensations for surviving family members who are facing unanticipated consequences due to tragic loss-of-life events caused by another’s negligence or intentional acts proving why choosing Carlton Bier should be your top consideration when seeking a Wrongful Death lawyer in Illinois.

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About Carlson Bier

Wrongful Death Lawyers in Elmwood Park Illinois

At the Carlson Bier law firm, we are dedicated to being a compassionate advocate for families that have lost a loved one due to wrongful death. Wrongful death occurs when an individual’s demise is caused by another person’s negligence or intentional act. As experienced Illinois-based personal injury lawyers, we understand the comprehensive legal complexities surrounding such cases and strive to offer our clients invaluable guidance during these tough times.

In wrongful death lawsuits, it is imperative to establish fault. The plaintiff must prove beyond reasonable doubt that the defendant’s negligence or reckless actions directly led to their loved one’s untimely death. This stage in the legal process entails gathering substantial evidence highlighting how the defendant breached his duty of care towards the deceased. Often included amongst this evidence could be police reports, eyewitness accounts, medical expert testimonies and much more.

Here are few crucial elements you should understand about wrongful deaths:

– Legal standing: Only immediate family members can file such a lawsuit on behalf of their deceased kin.

– Statute of Limitations: In Illinois, claimants must often bring about action within two years following the date of their loved one’s passing.

– Damages recoverable in Wrongful Death lawsuits may include; financial support which would have been provided by decedent if they lived, other economic damages like loss of services or prospectively gained assets as well as non-economic damages covering aspects like emotional distress and loss of companionship.

When yoked with profound grief from losing your dear ones suddenly, exploring complex justice realms might seem challenging and overwhelming. That’s where our best-in-class attorneys step in – easing your burden while zealously advocating for your rightful compensation on every front.

Moreover, we operate strictly under contingency fees structure. Simply put – you need not pay us any lawyer fee unless we successfully fetch you compensation through settlement negotiations or trial verdicts consequently relieving you off unwarranted financial stress.

As an exceptional team holding deep acumen in personal injury law and evident successful representation track records, we aim beyond just earning the rightful compensation for our clients. We are staunch believers of emboldening the bereaved families by empowering them with extensive knowledge on wrongful death legal proceedings, thereby enhancing their understanding and preparedness towards potential outcomes.

Here at Carlson Bier Group, we recognize that no amount of money can truly compensate for your irreplaceable loss. Yet ensuring justice for your loved one while simultaneously enabling financial security is a step towards healing that our proficient attorneys are dedicated to facilitate. Empathizing with your circumstances and amplifying your voice when uncertainty overshadows – it’s more than just professional duty for us; rather it’s fundamental essence in upholding human dignity

Whether you lost a loved one due to an automobile accident, medical malpractice or any other form negligence-induced incident, seeking assistance from experienced counsel like ours contributes significantly in gaining clarity about intricate litigation processes plus substantially improves likelihoods of claiming apt reparations.

If you’re grappling with the aftermath of a wrongful death case and feeling uncertain about what lies ahead, let us assist you through this demanding journey. You don’t have to navigate these stormy waters alone. Reach out today, click on the button below to receive a preliminary assessment detailing how much your case possibly stands worth based on unique specifics revolving around it. Discover where stand amidst this tumultuous period – trust that we’ll be there each step along the way – reliable as ever guiding beacon shining light amidst tempest storms facilitating arrival at justice shore!

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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 Elmwood Park

Areas of Practice in Elmwood Park

Bike Collisions

Proficient in legal advocacy for persons injured in bicycle accidents due to others' lack of care or hazardous conditions.

Flame Damages

Offering specialist legal advice for sufferers of grave burn injuries caused by occurrences or carelessness.

Physician Malpractice

Ensuring professional legal assistance for individuals affected by physician malpractice, including wrong treatment.

Goods Obligation

Handling cases involving unsafe products, offering professional legal services to consumers affected by defective items.

Nursing Home Mistreatment

Protecting the rights of nursing home residents who have been subjected to misconduct in senior centers environments, ensuring restitution.

Stumble & Trip Accidents

Adept in addressing trip accident cases, providing legal services to persons seeking recovery for their harm.

Childbirth Damages

Offering legal aid for loved ones affected by medical misconduct resulting in neonatal injuries.

Automobile Incidents

Collisions: Devoted to supporting clients of car accidents receive equitable payout for injuries and damages.

Two-Wheeler Accidents

Expert in providing legal support for motorcyclists involved in scooter accidents, ensuring rightful claims for traumas.

Big Rig Crash

Extending adept legal support for victims involved in truck accidents, focusing on securing appropriate compensation for injuries.

Building Site Incidents

Concentrated on representing employees or bystanders injured in construction site accidents due to negligence or misconduct.

Neurological Damages

Dedicated to offering compassionate legal assistance for victims suffering from cerebral injuries due to accidents.

Dog Attack Wounds

Expertise in tackling cases for clients who have suffered harms from canine attacks or creature assaults.

Jogger Accidents

Specializing in legal support for walkers involved in accidents, providing dedicated assistance for recovering recovery.

Unfair Demise

Standing up for grieving parties affected by a wrongful death, supplying understanding and adept legal guidance to ensure fairness.

Spinal Cord Harm

Dedicated to supporting clients with spinal cord injuries, offering expert legal assistance 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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