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Wrongful Death Attorney in Essex

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

At Carlson Bier, we understand the devastating impact a wrongful death can have on families. Our team of skilled attorneys specializes in providing compassionate and effective legal representation for those affected by such tragic circumstances. We stand out as seasoned litigators and diligent negotiators when it focuses on representing clients dealing with wrongful death cases from Essex. Given our thorough knowledge of Illinois law, numerous residents trust us to seek justice and fair compensation on their behalf; moving forward after losing a dear one unexpectedly is tough; that’s why we strive to provide some peace amidst sorrowful times. At Carlson Bier, you’re not just another case number but our priority! With meticulous attention to every detail surrounding your case, strategic planning based on extensive experience with specific closure patterns coupled with relentless dedication – these are what sets us apart when facing off against opposing counsel or insurance companies in courtrooms across Illinois. Trust your struggle for justice after an unspeakable loss with no lesser than Carlson Bier – Your beacon in turbulent times.

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About Carlson Bier

Wrongful Death Lawyers in Essex Illinois

Here at Carlson Bier, we understand the complexities of personal injury law and the devastating effects of wrongful death on families. It is our mission to guide you through this arduous legal process with compassion and expertise.

Wrongful death occurs when a person dies due to the negligence or misconduct of another; these acts can include car accidents, medical malpractice, workplace hazards, defective products, and other scenarios where carelessness or wrongdoing results in fatality. In Illinois, as per the Wrongful Death Act (740 ILCS 180/), surviving family members may file a claim for loss of companionship, support and more if their loved one has lost their life due to such instances.

Spotting key features in your case can be critical. These include:

– The negligent party: This refers to an individual or entity whose act of negligence contributed directly or indirectly to the demise.

– Proving negligence: Evidence must point towards a breach in duty by the defendant that resulted in wrongful death.

– Existence of survivors: Survivors entitled to compensation typically include spouse and next-of-kin such as children or parents.

– Monetary damages: Compensation can cover various aspects like funeral expenses, loss of future earnings, emotional distress experienced by survivors and more.

It’s crucial to note that there are stringent time limits known as statute limitations applicable for filing wrongful death lawsuits. In Illinois, it’s generally within two years from the date of death but shorter periods may apply depending on specific cases like those involving government entities. Though these legal intricacies might seem overwhelming during times of grief and turmoil, having seasoned personal injury attorneys by your side ensures precise navigation through these complex waters.

The ultimate aim is justice for your departed loved one and closure for you as a survivor soldiering through this painful journey. Nonetheless partaking in lawful proceedings can be daunting given its intricate nature coupled with occasional lackluster drive from insurance companies for proper settlement disbursement; circumstances that demand the service of proficient personal injury attorneys.

At Carlson Bier, our team of dedicated lawyers stand ready to scrutinize every facet of your wrongful death claim meticulously. Our approach is centered around settling for nothing less than the rightful compensation you deserve; a guiding principle fostered by years of seasoning in handling numerous such heartbreaking cases and securing satisfactory amounts in reparations.

While no monetary sum can ever replace the presence of a loved one, we feel obligated to ensure survivors are afforded every resource that will take them closer towards achieving closure and equilibrium.

Our firm stands on vast legal knowledge coupled with glowing testament from families whose burdens were eased through our devoted endeavors. Transparency, empathy, and steadfastness are not just notions but our professional tenets as we strive to help individuals like you withstand the whirlwind aftermaths of losing a dear member.

Remember – it’s not about dwelling over what has happened but seeking justice for your departed so they may truly rest while ensuring yourself and family comfort as far as finances are concerned during this calamity.

With each case being unique with its own set factors coming into play, it becomes paramount to conduct thorough assessment before an estimate can be made regarding probable reparation figures. We encourage you extend trust unto us; let us be catalysts propelling you past these challenging times onto eventual path of recovery.

Therefore do start by clicking on the button below – allow us to guide you towards uncovering how much your wrongful death case could potentially hold worth. Remember, at Carlson Bier, we prioritize you; because realization may have dawned late but it’s never too late for justice or closure. Let’s begin this journey today.

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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 Essex

Areas of Practice in Essex

Bicycle Crashes

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

Thermal Wounds

Giving skilled legal advice for patients of serious burn injuries caused by accidents or recklessness.

Medical Incompetence

Ensuring dedicated legal services for persons affected by medical malpractice, including surgical errors.

Items Liability

Managing cases involving unsafe products, delivering skilled legal support to victims affected by product malfunctions.

Elder Misconduct

Defending the rights of elders who have been subjected to malpractice in nursing homes environments, ensuring protection.

Stumble & Stumble Accidents

Adept in addressing slip and fall accident cases, providing legal assistance to sufferers seeking justice for their injuries.

Neonatal Wounds

Offering legal guidance for families affected by medical negligence resulting in birth injuries.

Motor Incidents

Accidents: Devoted to helping sufferers of car accidents receive reasonable recompense for damages and harm.

Scooter Crashes

Dedicated to providing representation for motorcyclists involved in motorbike accidents, ensuring just recovery for losses.

Big Rig Collision

Extending experienced legal advice for victims involved in lorry accidents, focusing on securing just claims for damages.

Building Site Collisions

Concentrated on defending laborers or bystanders injured in construction site accidents due to negligence or misconduct.

Cognitive Harms

Dedicated to providing expert legal services for persons suffering from neurological injuries due to accidents.

Dog Attack Traumas

Specialized in managing cases for individuals who have suffered damages from dog attacks or creature assaults.

Foot-traveler Incidents

Expert in legal assistance for foot-travelers involved in accidents, providing professional services for recovering claims.

Wrongful Loss

Striving for families affected by a wrongful death, supplying understanding and expert legal representation to ensure restitution.

Backbone Impairment

Focused on supporting individuals with vertebral damage, offering expert legal guidance to secure redress.

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