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Wrongful Death Attorney in Franklin

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When faced with the unfortunate loss of a loved one due to another party’s negligence, hiring an experienced Wrongful Death attorney is paramount. Consider Carlson Bier – an esteemed law firm proficient in pursuing justice for such tragedies. Equipped with expansive knowledge of Illinois’ complicated legal system, our seasoned team scrupulously navigates through each case, focusing on securing rightful compensation and restoring normalcy to your unanticipated upheaval. Our approach ensures we leave no stone unturned – meticulously investigating circumstances surrounding every death and unwaveringly advocating for you both in negotiations or court if necessary. Partnering with us substantiates you are opting for tenacity intertwined with compassion; resulting in unmatched dedication to achieve the most favorable outcome and respect toward handling your emotional turmoil during these challenging times. Choosing Carlson Bier is choosing expertise steeped in years of specialization within personal injury law domain making this choice safeguard not mere representation but hard-won wisdom fired by relentless pursuit towards justice enforcement during wrongful deaths scenarios.

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About Carlson Bier

Wrongful Death Lawyers in Franklin Illinois

At Carlson Bier, we specialize in representing clients dealing with the devastation of losing a loved one prematurely due to the negligent actions of another party. As experienced personal injury attorneys based in Illinois, our expertise extends deeply into cases involving wrongful death – tragic incidents that take place when someone is killed as the result of another entity’s negligence or misconduct.

Understanding wrongful death and its implications on surviving family members is paramount when seeking justice for the deceased. A lawsuit for wrongful death seeks compensation for the heirs or beneficiaries of an individual who has passed away due to a wrongful act. These suits can arise from several scenarios such as fatal accidents, medical malpractice, occupational exposure to hazardous conditions or substances, or even criminal behavior.

In order to be successful in a wrongful death lawsuit, three crucial elements must be demonstrated:

• The defendant acted negligently

• The negligence was directly responsible for causing the decedent’s demise

• The demise of the victim resulted in measurable damages

The understanding and presentation of these factors before a court require extensive legal knowledge coupled with careful preparation; exactly where our expertise at Carlson Bier comes into play.

When deciding on whether to pursue a wrongful death claim, it’s important to understand what such claims aim to cover. More often than not, they offer financial solace by mitigating debts or expenses that may have been incurred directly due to unnecessary loss. Recognized damages include but are not limited to:

• Medical costs correlated with decedent’s final illness or accident

• Funeral and burial costs

• Loss of expected earnings

• Loss of benefits e.g., pension plans

As seasoned attorneys at Carlson Bier Group venture through every phase of your case meticulously right from discovery till post-trial proceedings if necessary – you can rest assured knowing we’ll fight relentlessly for your rightful compensation.

Comparable situations entail immeasurable emotional upheaval besides substantial financial repercussions – we hence leave no stone unturned while demanding maximum recoveries for our clients. Wrongful death lawsuit claims are complex and governed by specific statutes of limitations, meaning they must be filed within a certain timeframe following the individual’s death.

At Carlson Bier Group, we aren’t merely lawyers, but advocates who truly comprehend your agony; committed to securing rightful remedies. With delicate handling any given situation deserves, our foremost intent is to ensure that justice prevails. Whether it’s through negotiation or trial verdicts – if there has been an unjust suffering of loss attributed to negligence, you can depend on us.

Illinois law recognizes the enormity of procuring strong legal representation in wrongful death cases. We welcome each inquiry with complete confidentiality and no obligation – providing every prospective client with a free initial consultation sans any pressure tactics.

The aftermath of losing someone dear doesn’t need further burdening through procedural intricacies of lawsuits; allow us at Carlson Bier Group to shoulder your legal tribulations while you focus on healing. Losing a loved one is challenging enough – navigating legal pursuits alone is not a path anyone should walk alone.

Taking action may appear intimidating, we fully understand the hesitation coupled with rising emotions during such testing times. That being said, it’s vital for victims’ families not just to know their rights but also what compensation they’re entitled under Illinois laws.

Your pursuit for justice needn’t delay anymore – Trust our wealth of experience beholding powerful insights into Illinois’ personal injury laws as well as adept negotiation skills ensuring unrivaled advocacy dedicatedly serving your best concerns.

If you’re muddled about where precisely does your case stand against the backdrop of forceful insurers insisting swift settlements – we invite you to click on the button below for an entirely free evaluation regarding how much your case could potentially be worth; save both time and avoid confusions following unwarranted losses. Such pressing times calls for immediate measures – today could very well mark yet another step closer towards recovery from the untoward grief; a pivotal milestone in your continued journey towards obtaining justice. Trust us with backing you up every step of the way on this pursuit.

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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 Franklin

Areas of Practice in Franklin

Bicycle Incidents

Expert in legal support for victims injured in bicycle accidents due to others's negligence or hazardous conditions.

Scald Damages

Giving professional legal support for patients of severe burn injuries caused by occurrences or negligence.

Physician Incompetence

Providing expert legal services for patients affected by physician malpractice, including negligent care.

Commodities Fault

Dealing with cases involving problematic products, supplying skilled legal services to victims affected by product malfunctions.

Nursing Home Abuse

Advocating for the rights of the elderly who have been subjected to misconduct in aged care environments, ensuring protection.

Trip and Slip Injuries

Adept in handling fall and trip accident cases, providing legal representation to sufferers seeking compensation for their damages.

Infant Injuries

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

Auto Collisions

Accidents: Focused on supporting individuals of car accidents gain just remuneration for injuries and impairment.

Motorbike Accidents

Expert in providing legal services for individuals involved in scooter accidents, ensuring justice for losses.

Semi Mishap

Ensuring professional legal representation for clients involved in lorry accidents, focusing on securing appropriate recovery for hurts.

Building Crashes

Dedicated to advocating for workmen or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Cerebral Traumas

Dedicated to extending professional legal support for victims suffering from neurological injuries due to incidents.

K9 Assault Damages

Expertise in dealing with cases for persons who have suffered wounds from canine attacks or creature assaults.

Cross-walker Collisions

Expert in legal advocacy for pedestrians involved in accidents, providing effective representation for recovering claims.

Unjust Demise

Fighting for families affected by a wrongful death, delivering compassionate and skilled legal support to ensure justice.

Spine Trauma

Expert in supporting patients with backbone trauma, offering compassionate legal guidance to secure redress.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440