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Wrongful Death Attorney in Flanagan

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Carlson Bier is an experienced law firm handling Wrongful Death cases with unwavering dedication and absolute precision. The sorrow from losing a loved one due to negligence or misconduct can be indescribably painful, making it essential to have compassionate yet resilient representation next to you. That’s where Carlson Bier steps in – helping Flanagan families seek legal recourse for their loss by establishing the truth and fighting for just compensation makes us strategically positioned as your go-to choice in these tragic circumstances.

Our attorneys possess extensive knowledge of Illinois’ wrongful death laws and are perpetually up-to-speed on any legislative changes that may affect your case significantly. Skilled negotiators when dealing with insurance companies, tough litigators in courtrooms – our aim is always to maximize the financial recovery you deserve while alleviating your emotional distress throughout this process. Trust us at Carlson Bier when finding answers seems too overwhelming; we’re here not just as skilled lawyers, but compassionate guides leading you toward justice.

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About Carlson Bier

Wrongful Death Lawyers in Flanagan Illinois

At Carlson Bier, we specialize in providing comprehensive legal assistance to victims of wrongful death cases. As an established law firm based in Illinois, we understand that the tragic loss of a loved one due to the negligence or misconduct of others can bring about extreme pain, stress and financial burden. We are here to walk you through your journey towards justice by explaining what wrongful death is and how laws regarding it are applied across the state.

In simpler terms, a wrongful death claim is pursued when someone dies as a result of another party’s intentional action or negligence. The individuals eligible to file such claims typically include immediate family members like spouses, children and parents of unmarried children. Certain relatives such as siblings or grandparents may also be able to pursue this depending upon certain specific circumstances surrounding each unique case.

Equipped with extensive experience, we at Carlson Bier offer meticulous legal strategies tailored for different types of wrongful death cases including – but not limited to – medical malpractice, automobile accidents, workplace incidents and product liability occurrences where defective products lead to fatality. It’s pertinent to mention that the associated statute of limitations restricts these filings within a two-year period from the date of demise.

When seeking compensation for your loss in Illinois’ courts, various factors come into play that influence overall claim value:

• Medical expenses prior to death

• Lost earnings capacity (accounting for future earnings)

• Pain and suffering endured before passing

• Funeral Expenses

• Loss of companionship incurred by survivors

Although no amount can ever truly compensate for the irreplaceable loss experienced by surviving loved ones under such unfortunate circumstances; obtaining rightful monetary compensation can at least help alleviate some financial hardships wrought by sudden departures.

Our team at Carlson Bier combines our skill set with compassion so every client receives utmost attention with respect they deserve during their time of need. We strive not only to deliver justice but also signify closure whilst helping families secure their futures through successful resolution.

While no one imagines or wishes to find themselves grappling with such difficult moments, having an expert legal team on your side becomes crucial. We endeavor to become a shoulder for our clients to lean on – offering comprehensive help throughout the process. From gathering required documentation and establishing liability to securing witness testimonies and presenting compelling arguments in court; providing you with dedicated service is our foremost priority.

We sincerely hope that this overview of wrongful death has provided immense value by demystifying complex legalities associated with it. The journey towards justice after losing a loved one is undoubtedly arduous; but rest assured knowing that at Carlson Bier, we are committed to lightening this burden every step of the way.

To ascertain further clarity about your unique situation and gain deeper understanding of potential compensation your case may be valued at; kindly avail of our commitment-free case evaluation feature below. Take that first step towards justice today: click on the button below to find out how much your case is worth because you don’t have to endure this alone, allow us at Carlson Bier take up the fight for you.

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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 Flanagan

Areas of Practice in Flanagan

Two-Wheeler Mishaps

Focused on legal representation for clients injured in bicycle accidents due to others's indifference or perilous conditions.

Burn Damages

Providing adept legal services for victims of intense burn injuries caused by incidents or misconduct.

Clinical Negligence

Offering professional legal support for victims affected by hospital malpractice, including misdiagnosis.

Merchandise Liability

Addressing cases involving defective products, providing adept legal support to clients affected by product malfunctions.

Geriatric Malpractice

Supporting the rights of nursing home residents who have been subjected to neglect in aged care environments, ensuring restitution.

Fall & Tumble Occurrences

Expert in addressing fall and trip accident cases, providing legal support to individuals seeking compensation for their losses.

Birth Wounds

Providing legal aid for loved ones affected by medical malpractice resulting in infant injuries.

Car Accidents

Collisions: Devoted to aiding sufferers of car accidents gain equitable remuneration for wounds and harm.

Scooter Mishaps

Focused on providing legal advice for motorcyclists involved in scooter accidents, ensuring adequate recompense for injuries.

Trucking Accident

Delivering expert legal support for victims involved in big rig accidents, focusing on securing fair claims for hurts.

Building Mishaps

Concentrated on advocating for workmen or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Cognitive Harms

Dedicated to providing specialized legal advice for persons suffering from head injuries due to carelessness.

K9 Assault Harms

Expertise in addressing cases for victims who have suffered injuries from dog attacks or animal assaults.

Jogger Crashes

Committed to legal representation for pedestrians involved in accidents, providing professional services for recovering compensation.

Unfair Death

Advocating for relatives affected by a wrongful death, extending caring and professional legal services to ensure compensation.

Neural Impairment

Focused on representing individuals with backbone trauma, offering specialized legal guidance to secure settlement.

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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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