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Wrongful Death Attorney in Fairfield

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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

In the unfortunate circumstance that you face a wrongful death claim in Fairfield, allow Carlson Bier to stand beside you. With vast experience in personal injury law, we strive for justice and maximum recovery on behalf of our clients. Uniquely qualified with a seasoned understanding of Illinois’ legal complexity surrounding wrongful deaths, Carlson Bier is best suited to advocate assertively for your rights. Wrongful death claims often involve intricate details requiring expert interpretation; thus, having us by your side ensures that every essential aspect is meticulously examined and addressed professionally. Our attorneys are well versed with the local court system’s nuisances and unwaveringly committed to seeking rightful compensation given these tragic circumstances. Despite not being physically based in Fairfield, we maintain an indomitable presence state-wide through our dedication towards client representation across Illinois due judicial proceedings taking place at diverse locations. Our reputation as committed lawyers precedes us – distance does not come at the expense of quality representation at Carlson Bier- Your reliable choice when needing robust advocacy following loss from negligence or intentional acts leading to wrongful death.

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Wrongful Death Lawyers in Fairfield Illinois

Understanding Wrongful Death: A Comprehensive Overview

When visiting the law offices of Carlson Bier, an esteemed personal injury attorney group based in Illinois, you can expect to be treated with respect and empathy when dealing with a potential wrongful death claim. This challenging situation involves a death that is caused by someone’s negligence—whether it be a distracted driver or a doctor who made serious errors during surgery.

A wrongful death claim gives family members close to the deceased person the opportunity to gain financial compensation for their devastating loss. It can provide needed resources not only to replace lost wages but also cover funeral costs, pay for medical expenses incurred before death, and offer some measure of justice and closure after losing a cherished family member due to others’ recklessness.

Key Considerations About Wrongful Death:

• The lawsuit must be filed within two years from the date of the person’s death.

• Only certain loved ones, such as spouses or children, are eligible under Illinois law.

• Compensation may cover both tangible (obvious monetary losses) and intangible (loss of companionship/love) damages.

• Proving negligence requires exhibiting duty of care, breach thereof by defendant’s action/inaction resulting in injuries causing fatality.

At Carlson Bier Associates we understand that no amount of money can ever bring back your loved one or erase the pain you feel. However, holding those responsible accountable can at least help alleviate some economic worries allowing for better concentration on healing emotionally.

Our attorneys have distinguished experience in this area and meticulously work towards proving critical elements required to uphold these suits like causation,time limit adherence relative statutory rules, identity appropriateness per state laws etc., while keeping your best interests centered all through our dealings.

The legal processes involved requires considerable courtroom expertise which our dynamic team always possesses.We present compelling evidences supporting your claims thus effectuating rightful compensatory quantification bringing relief amidst sorrow. Our unwavering commitment manifests itself through rigorous attention to details and a client-centric approach combined with strategic negotiations, reflecting in numerous successful resolutions for diverse clientele all over Illinois.

Acknowledging cultural sensitivity and individual uniqueness each case represents, we tailor our representation accordingly. This makes us the dependable go-to personal injury lawyer group in state who aids at every step making progression towards lawsuit conclusion smoother which otherwise could be overwhelming.

At Carlson Bier Associates, we’re dedicated to ensuring you are not engaged in this complex process alone. Let us navigate the intricate legal waters on behalf of you while rightly advocating your claims fortified by decades of experience facilitating an informed resolution–be it through settlements or trials.

It’s vitally important to understand that fees are taken care upon successful verdict/ settlement in most instances. So don’t fret about any upfront costs-that is a relief we readily offer especially when dealing with such heavy loss, you’re already shouldering enough burden as it may be.

Reckon someone being responsible for your dear one’s tragic demise? Contact us today to begin this legal journey together where our expertise meets your quest for justice leading to fruitful outcomes. During initial free confidential consultation, our expert attorneys will review case facts determining its viability and strategizing decision course further.

To comprehend what financial compensation could look like specific per facts of your unique situation, click on the button below and get value estimated utilizing ‘case worth’ calculator.This tool provides valuable introspection assisting clarifying potential benefits of pursuing wrongful death litigation.So help us help you, assert rightful claims using provisions designed precisely under relevant laws formulated specifically aiding redressing such unfortunate circumstances.Trust worthy advocates from Carlson Bier Associates -your allies when righteousness must prevail.

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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 Fairfield

Areas of Practice in Fairfield

Cycling Mishaps

Specializing in legal assistance for victims injured in bicycle accidents due to others' carelessness or perilous conditions.

Flame Traumas

Giving specialist legal assistance for victims of serious burn injuries caused by mishaps or recklessness.

Physician Misconduct

Extending specialist legal advice for victims affected by physician malpractice, including wrong treatment.

Merchandise Fault

Addressing cases involving unsafe products, offering specialist legal guidance to individuals affected by defective items.

Elder Mistreatment

Supporting the rights of the elderly who have been subjected to neglect in senior centers environments, ensuring compensation.

Stumble and Tumble Mishaps

Professional in handling stumble accident cases, providing legal advice to sufferers seeking compensation for their damages.

Newborn Traumas

Offering legal aid for families affected by medical carelessness resulting in birth injuries.

Motor Mishaps

Mishaps: Focused on helping victims of car accidents get fair settlement for damages and losses.

Bike Mishaps

Expert in providing legal assistance for riders involved in motorbike accidents, ensuring rightful claims for injuries.

Truck Mishap

Offering specialist legal support for drivers involved in truck accidents, focusing on securing appropriate recompense for losses.

Worksite Mishaps

Engaged in supporting workmen or bystanders injured in construction site accidents due to recklessness or recklessness.

Cerebral Traumas

Focused on extending compassionate legal representation for victims suffering from brain injuries due to accidents.

Dog Bite Wounds

Expertise in addressing cases for persons who have suffered traumas from puppy bites or beast attacks.

Pedestrian Mishaps

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

Unjust Fatality

Working for bereaved affected by a wrongful death, delivering understanding and expert legal support to ensure redress.

Backbone Injury

Specializing in assisting persons with paralysis, offering specialized legal support to secure justice.

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