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Wrongful Death Attorney in Evergreen Park

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About Carlson Bier Associates

When it comes to pursuing justice for wrongful death cases in Evergreen Park, Carlson Bier is the most reliable choice. With a track record of successful outcomes and highly satisfied clients, this team has deep expertise in these devastating circumstances where lives are forever changed by someone else’s negligence. They skilfully navigate complex legal processes while showing compassion and understanding throughout such harrowing times, offering steadfast support when you need it most. Their dedication to reaching fair resolutions not only provides financial relief but also offers closure for grieving families dealing with unimaginable loss. Based on their reputable standing within Illinois as an accomplished personal injury law firm, Carlson Bier ensures that your claim will be handled with utmost professionalism and determination towards securing your legal rights to restitution after such a tragic event occurs in Evergreen Park area. Trusting Carlson Bier means having confidence during one of life’s toughest journeys; knowing that the law group’s experience in these tough fields will elevate your pursuit towards the justice you deserve.

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About Carlson Bier

Wrongful Death Lawyers in Evergreen Park Illinois

At Carlson Bier, we strive to provide comprehensive assistance for cases involving personal injury and wrongful death. We understand acutely the emotional trauma and financial distress that follows losing a loved one due to another’s negligence or reckless actions. Our team of experienced Illinois attorneys are thoroughly versed in wrongful death suits, committed to seeking justice on your behalf while bringing compassion and understanding into our professional relationships.

Wrongful Death is a legal term describing a situation where an individual loses their life as a result of someone else’s misconduct or negligence. It goes beyond criminal prosecution; it seeks compensation for the bereaved for various aspects including pain and suffering endured by the deceased before they passed away, loss of income, medical expenses incurred prior to passing away, funeral costs and much more.

Key points about Wrongful Death Lawsuits include:

– The defendant should have maintained care: This asserts that the defendant had a duty of care towards the victim.

– Breach of acknowledged responsibility: It must be demonstrated that this duty was breached by consequent negligence or actions on part of the defendant.

– Establishing causation: Linkage between breach by defendant’s responsibility & subsequent demise of decedent needs to be established.

– Assessment damage: The aftermath consequences experienced due to loss suffered needs evaluating which includes tangible (monetary) losses such as lost wages, funeral costs etc., along with intangible damages like mental suffering.

Our diligent lawyers at Carlson Bier will meticulously compile proof accentuating each above cardinal point so as to secure just lawsuit results for clients. For instance, if you lost someone because a careless driver was using their mobile phone behind wheel resulting in an ensuing accident, we would amass evidence proving both traffic law violation & ensuing fatality contributing towards filing potent case commanding equitable rightfulness.

Navigating through intricacies involved under Wrongful Death statutes is often burdensome particularly amid profound grieving stages associated with losing beloved ones unexpectedly. Allow our experienced wrongful death attorneys to scrutinize your case details meticulously so that potential legal hurdles in the claim process can be simplified and easily traversed, alleviating your burden.

While defects in a product or medical malpractice are frequently involved in Wrongful Death lawsuits, there exists a concerted array of scenarios qualifying this cause. Our capable lawyers meticulously review circumstantial peculiarities concerning each case served towards establishing solid foundation manifesting deserved compensation. Hence, before making assumptions about impossibility of pursuing a claim based on circumstances surrounding an untimely demise, consult our experienced team without preemptive conclusions.

Utilizing our extensive knowledge base and skill set, we will fight ceaselessly for justice awaiting you & loved ones enduring painful aftermath emanating from unexpected loss suffered due to others’ negligence or intentional harmful actions. We aim to reduce further emotional stress stemming from intricate legal proceedings while providing optimal outcomes ensuring deserved reparation is forthrightly secured.

Moreover, wrongful death cases often pose convoluted liability issues requiring professional expertise. With Carlson Bier at helm guiding through your legal journey, count on us remaining with you every step throughout such somber phases rendering compassionate assistance aimed at relieving haunting anguish while securing beneficial final upshots simultaneously.

Remember that patience is paramount during these trying times; litigation may take months or even years to resolve entirely but rest assured knowing we remain committed until success prevails ultimately bringing closure by accomplishing rightful reparations sought after diligently.

We urge those who have unfortunately endured the heart-wrenching loss of a loved one due improper conduct of another party not to let their story go unheard. As you scroll below, you’ll find a button option enabling seamless access to initiate exploratory consultation with us regarding probable worthiness hidden within intricately distinctive parameters enveloping your specific case scenario: empowering rightful pursuit ahead amid grieving hours overshadowing present life complications thereby illuminating path towards potential justice & its ensuing peace eventually gained therewith.

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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 Evergreen Park

Areas of Practice in Evergreen Park

Pedal Cycle Crashes

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

Scald Wounds

Supplying skilled legal help for sufferers of major burn injuries caused by accidents or carelessness.

Healthcare Carelessness

Ensuring dedicated legal assistance for clients affected by clinical malpractice, including negligent care.

Goods Accountability

Addressing cases involving dangerous products, supplying specialist legal support to victims affected by harmful products.

Geriatric Misconduct

Advocating for the rights of nursing home residents who have been subjected to malpractice in care facilities environments, ensuring compensation.

Tumble and Fall Accidents

Professional in tackling trip accident cases, providing legal assistance to victims seeking recovery for their damages.

Birth Traumas

Providing legal aid for households affected by medical misconduct resulting in childbirth injuries.

Auto Crashes

Incidents: Devoted to guiding victims of car accidents obtain reasonable remuneration for wounds and losses.

Motorcycle Mishaps

Expert in providing legal assistance for motorcyclists involved in bike accidents, ensuring just recovery for injuries.

18-Wheeler Mishap

Delivering experienced legal representation for drivers involved in trucking accidents, focusing on securing rightful settlement for hurts.

Construction Site Incidents

Focused on representing employees or bystanders injured in construction site accidents due to recklessness or recklessness.

Head Harms

Committed to ensuring compassionate legal support for patients suffering from cerebral injuries due to incidents.

K9 Assault Injuries

Specialized in addressing cases for clients who have suffered harms from K9 assaults or animal attacks.

Foot-traveler Incidents

Specializing in legal advocacy for pedestrians involved in accidents, providing expert advice for recovering claims.

Unjust Loss

Fighting for relatives affected by a wrongful death, delivering compassionate and experienced legal guidance to ensure compensation.

Backbone Harm

Specializing in advocating for patients with paralysis, offering expert legal services to secure settlement.

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312-313-2440