Wrongful Death Attorney in Evanston

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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

When facing the tragedy of wrongfully losing a loved one, Carlson Bier serves as Evanston’s leading source of thorough and compassionate legal aid. Specializing in wrongful death cases, our law firm exhibits expertise garnered from years of dedicated practice. We understand how critical it is to achieve justice for your departed kin, hence we commit ourselves to tirelessly championing your cause through each step toward resolution. At Carlson Bier, expect assertive representation formed on the foundation of solid case strategies personalized according to your unique situation while maintaining compliance with Illinois state laws. Our commitment goes beyond achieving successful litigation outcomes; our goal is to provide solace during such difficult times by alleviating unnecessary stress related to legal proceedings. Allow us at Carlson Bier – priding ourselves on being wrongful death specialists – assist you through this challenging journey towards rightful compensation and ultimate closure as you navigate life post-tragedy in Evanston or throughout Illinois State. Trust that we will put our wealth of knowledge and experience about these sensitive issues into action for you and your family.

About Carlson Bier

Wrongful Death Lawyers in Evanston Illinois

At Carlson Bier, we pride ourselves on providing exceptional legal services to individuals who have lost a loved one due to the negligence or misconduct of another. As skilled personal injury attorneys based in Illinois, we are deeply familiar with the grief and impact of wrongful death cases.

Wrongful death is when someone loses their life as a result of negligent behavior from other parties. It could be due to a variety of circumstances such as medical malpractice, car accidents, work-related incidents or defective products. Families who unexpectedly lose a loved one carry not only emotional distress but also drastic changes in financial stability. This is where Carlson Bier steps in – our team’s role involves investigating these critical factors thoroughly and crafting persuasive arguments for fair compensation.

Key elements that should be present for case qualification include:

• Proof of Death – An official document like a death certificate must verify the loss.

• Causation – The defendant’s actions directly caused this fatal event.

• Negligence – Evidence should highlight that the defendant failed to exercise reasonable care.

• Surviving Dependents or Beneficiaries – These individuals suffered monetary damages due to the person’s untimely demise.

Understanding if you qualify for a wrongful death lawsuit can be complex, but our experienced team walks beside you tidying up every roadblock that comes your way. Our main objective at is propagating your rights while ensuring you receive lawful restitution promptly.

Taking the first step towards seeking justice can feel daunting; however, remember time matters when filing these claims. In Illinois, according to the Statute of Limitations law, wrongful death lawsuits must initiate within two years from when the victim passed away. While it may seem long enough given this tragic situation’s reality; necessary documents require acquisition still legal strategies need development which all demand time brainwork cooperation coordination between us as your lawyers and yourselves—the suffering kin .

We recognize each case is unique just calls strenuous attention empathy strength hence won’t simply be another number file here at Carlson Bier. Our personalized approach guarantees we consider every individual situation sensitively thoroughly devoting fair attention to case detail whilst utilizing all our resources tools skills to your advantage. Through comprehensive experience and purpose-driven knowledge, our attorneys strive to achieve the best possible outcome for you.

At Carlson Bier, we are committed not only to uphold but exceed the professional expectations of our clients through prompt communication, rigorous litigation and compassionate counsel throughout the entire process – until justice is served. Client satisfaction, transparency and steadfast focus on results underscore each service we provide while maintaining unwavering dedication towards upholding legal ethics with utmost integrity.

At this point you might wonder: What’s the economic value of my wrongful death claim? While it’s impossible to put an exact dollar amount without considering all unique factors; generally compensation covers medical bills expenses till death , funeral costs , lost wages future earnings, benefits deceased would have provided family if still alive plus loss companionship (when spouse children lose that person). Non-economic damages also factor in such as mental anguish pain suffering experienced by decedents’ loved ones going through this harsh reality which though cannot convert to monetary figures unquestionably merit sincere profound acknowledgment through winnable suits .

But remember determining these amounts involves complex projections futuristic calculations hence seeking professional advice seems wise empathetic justifiable reclaiming what’s rightfully yours . After losing a significant part life then enduring immeasurable grieve sufferings no one should bear additional burden unfair losses! Carlson Bier stands solid beside in this journey taking forward steps ensuring deserved justified financial recovery .

Having explained wrongful death from core base foundation here now dear reader invite inform educate satisfy curiosities questions or doubts may carry regarding specific cases particular situations looking into potentialities possibly claiming . Click button right below let’s find out together much your case could worth under careful thorough expert examination by personal injury lawyers held high esteem Illinois namely —us—The Carson Bier Associates. Let’s turn your despairs hopes justice relief!

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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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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 Evanston

Areas of Practice in Evanston

Bike Collisions

Focused on legal assistance for people injured in bicycle accidents due to others's recklessness or dangerous conditions.

Burn Burns

Extending expert legal help for sufferers of severe burn injuries caused by mishaps or recklessness.

Healthcare Malpractice

Extending dedicated legal services for patients affected by physician malpractice, including negligent care.

Goods Responsibility

Addressing cases involving defective products, supplying adept legal guidance to customers affected by defective items.

Aged Misconduct

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

Trip & Trip Incidents

Professional in dealing with trip accident cases, providing legal assistance to persons seeking compensation for their harm.

Childbirth Traumas

Supplying legal guidance for kin affected by medical malpractice resulting in newborn injuries.

Motor Collisions

Accidents: Devoted to assisting patients of car accidents gain fair remuneration for damages and damages.

Two-Wheeler Collisions

Focused on providing legal advice for individuals involved in motorcycle accidents, ensuring fair compensation for traumas.

Trucking Crash

Providing experienced legal advice for drivers involved in truck accidents, focusing on securing adequate settlement for injuries.

Construction Site Collisions

Dedicated to advocating for staff or bystanders injured in construction site accidents due to safety violations or misconduct.

Cognitive Harms

Focused on extending expert legal support for clients suffering from neurological injuries due to carelessness.

Canine Attack Injuries

Expertise in managing cases for persons who have suffered harms from canine attacks or animal assaults.

Jogger Accidents

Dedicated to legal representation for cross-walkers involved in accidents, providing effective representation for recovering claims.

Unjust Death

Working for families affected by a wrongful death, supplying compassionate and skilled legal assistance to ensure justice.

Neural Trauma

Committed to representing clients with backbone trauma, offering compassionate legal assistance to secure redress.

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