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Wrongful Death Attorney in Flossmoor

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Carlson Bier - 14 W Superior St Ste. 1503, Chicago, Il 60654, United States

About Carlson Bier Associates

When faced with the heartbreaking and daunting circumstance of a wrongful death, you need an advocate equipped with tenacity, empathy, and expertise. Carlson Bier establishes itself as that unwavering support your family needs during such challenging times. Their longstanding reputation in securing just compensation for clients validates their claim as one of Illinois’ premier law firms specializing in wrongful death cases. With every case they undertake, they aspire to provide closure and justice for families beleaguered by senseless loss. As seasoned attorneys in this field, they understand the intricacies surrounding these complex cases—navigating through medical evidence; interpreting legal statutes; negotiating settlements—all done ensuring their client’s wellbeing is at heart throughout each step. Offering exceptional service comes naturally to a team intensely dedicated to empathizing with their clients’ pain while striving fervently towards obtaining maximum restitution on their behalf. The profound commitment magnified by an unparalleled prowess exemplifies why many grieving families entrust their quests for justice to Carlson Bier—a decision they have never had reason to regret.

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Wrongful Death Lawyers in Flossmoor Illinois

Wrongful death cases are complex and emotionally charged legal matters. At Carlson Bier Associates, our premier Illinois-based personal injury firm, we are intimately familiar with the pain and hardship that loss can bring. Our team of compassionate attorneys stands ready to provide not just professional service but passionate representation to those left behind by an untimely death.

Understanding wrongful death is a key step toward claiming your rights. These cases arise when someone’s death is caused by another party’s negligence or intent to cause harm. In these situations, surviving family members have the right to seek compensation for their loss.

Several crucial elements define wrongful death:

• Proof of Death: The most fundamental requirement in these cases, this could be a Certificate of Death or other official recognition.

• Negligence: Plaintiff must demonstrate that the defendant’s negligent actions led directly to their loved one’s demise.

• Survival by Family Members: To claim damages under Illinois law, immediate kin such as spouses, children, or parents must be living after the victim’s demise.

• Monetary Damages: Families must demonstrate tangible financial losses resulting from their loved one’s premature passing.

At Carlson Bier, we recognize each wrongful death case as unique. We apply specialized expertise tailored specifically to your situation while at all times preserving respect for your emotional journey during this difficult time.

Illinois has stringent statues on who may file a wrongful death claim. For example:

• If the deceased is married and leaves behind children, only the spouse can file a claim

• If there are no surviving spouses or children than direct descendents (parents or siblings) may file

These limitations underscore why experienced legal counsel provided by firms like ours here at Carlson Bier is so necessary—helping you navigate through complexities involved in filing such claims

The damages awarded in a successful wrongful death lawsuit can encompass many facets of economic loss including medical expenses prior to demise; funeral and burial costs; lost income; costs linked to child care or household services that the deceased once provided; loss of benefits such as medical insurance or pension plans and even damages for non-economic factors such as pain and suffering.

Should you find yourself in need of a personal injury attorney to navigate these troubled waters, know that Carlson Bier is ready to stand beside you. With our wide experience in wrongful death cases throughout Illinois, we ensure sensitive and pragmatic service always striving for the justice deserved by you and your departed loved one.

Finding an effective representation lays the groundwork for seeking appropriate compensation during this challenging time. By enlisting Carlson Bier’s legal expertise, families can achieve closure knowing they’ve successfully sought justice on behalf of their loved ones.

Interested in discovering what your case might be worth? Click on the button below. The path towards compensation starts here with us at Carlson Bier Associates – standing up for victims, providing understanding support guided by unswerving dedication to justice. Try not to feel overwhelmed – take a step forward today with us at your side every step of the way till resolution is reached.

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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 Flossmoor

Areas of Practice in Flossmoor

Bicycle Accidents

Proficient in legal support for clients injured in bicycle accidents due to others' recklessness or risky conditions.

Flame Traumas

Offering specialist legal advice for sufferers of major burn injuries caused by mishaps or negligence.

Medical Carelessness

Offering expert legal services for clients affected by medical malpractice, including medication mistakes.

Commodities Obligation

Dealing with cases involving dangerous products, delivering specialist legal help to consumers affected by product malfunctions.

Senior Abuse

Defending the rights of aged individuals who have been subjected to mistreatment in senior centers environments, ensuring protection.

Tumble and Trip Incidents

Expert in handling tumble accident cases, providing legal representation to victims seeking redress for their suffering.

Infant Injuries

Supplying legal aid for kin affected by medical negligence resulting in birth injuries.

Motor Accidents

Mishaps: Focused on assisting clients of car accidents get appropriate remuneration for harms and harm.

Bike Collisions

Dedicated to providing legal advice for motorcyclists involved in motorbike accidents, ensuring just recovery for harm.

18-Wheeler Crash

Delivering expert legal advice for victims involved in semi accidents, focusing on securing rightful compensation for damages.

Construction Accidents

Engaged in supporting employees or bystanders injured in construction site accidents due to negligence or negligence.

Cerebral Traumas

Focused on extending professional legal advice for victims suffering from head injuries due to misconduct.

Dog Bite Damages

Expertise in addressing cases for people who have suffered traumas from dog bites or wildlife encounters.

Pedestrian Incidents

Focused on legal representation for joggers involved in accidents, providing expert advice for recovering damages.

Undeserved Passing

Fighting for bereaved affected by a wrongful death, supplying sensitive and expert legal guidance to ensure restitution.

Spinal Cord Impairment

Dedicated to representing clients with vertebral damage, offering expert legal assistance to secure settlement.

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