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Wrongful Death Attorney in Geneva

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the disheartening event of a wrongful death, professional legal support is crucial. You deserve an adept and compassionate ally to champion your cause. Carlson Bier sets themselves apart in this domain as Illinois’s premier personal injury law firm, specialising in wrongful death cases with an unwavering dedication to justice. Our skilled attorneys assertively act in our clients’ best interests, fighting for maximum compensation while providing personal attention every step of the way.

Located beyond Geneva’s perimeters yet zealously serving its residents, we have proudly demonstrated our value through numerous successfully resolved cases – supporting grieving families during their most challenging times with comprehensive legal assistance tailored to each unique situation.

Carlson Bier prides itself on fearless advocacy combined with attentive client care; you are never just another case number but rather part of our family seeking fairness together. Trust us at achieving settlements that address emotional pain and financial instability rooted within these regrettable incidents robustly.

Turn toward Carlson Bier for efficient representation designed towards pursuing justice fervently after a wrongful death incident in Geneva; because anyone can be good, but only few can be exceptional – Come Experience Exceptionality redefined.

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About Carlson Bier

Wrongful Death Lawyers in Geneva Illinois

At Carlson Bier, we understand that nothing can truly compensate for the loss of a loved one. However, we also recognize how crucial it is to fetch rightful justice and compensation for such an unfortunate event through a wrongful death claim. Wrongful death—a term frequently spoken yet rarely unpacked—refers to a situation where someone’s negligent or intentional behavior results in another person’s death. Such occurrences shatter lives, leaving families in agony as they grapple with emotional trauma and financial uncertainty.

Our Illinois-based law firm possesses extensive experience dealing with complex legal issues related to wrongful deaths. We are devoted to providing personalized guidance during these challenging times, enabling those left behind to navigate the legal complexities while fighting for maximum compensation. It is essential to comprehend key aspects associated with wrongful death cases:

• The claim must be filed by a personal representative of the decedent’s estate

• Possible compensations include lost wages from the deceased, lost companionship, and funeral expenses

• These cases involve all types of fatal accidents from car accidents to complicated medical malpractice

• The statute of limitations in Illinois mandates filing within two years from the date of the loved one’s passing

While this might feel overwhelming right after losing someone close – your rights still matter! Instead of navigating this scenario alone, our empathetic attorneys at Carlson Bier offer compassionate representation through every step – tirelessly advocating on your behalf.

In understanding liability in fatalities brought upon by negligence or deliberate harmful actions, comprehending medial terminology isn’t required—we’re here to simplify everything confusing about ‘duty of care’ or ‘breach’. Our team strives for comprehensive support; thus we ensure all factors potentially impacting your case get due consideration which include:

• Whether or not clear evidence indicates that your family member’s death was caused by another party’s negligence.

• Establishing if the defendant had any duty towards your deceased relative (this could mean maintaining safe premises etc.)

• Ascertaining if the humanitarian and monetary loss can be corroborated by strong evidence.

By leaving no stone unturned, we aim to build a robust case that upholds your legal rights while acknowledging the profound emotional distress you’re experiencing. Our objectives do not just converge upon obtaining damages for our clients; we focus much beyond—with an emphasis on bringing a semblance of closure to your family’s ordeal and ensuring such incidents don’t fall into oblivion but help enforce better safety measures in future.

While our law firm is deeply committed to guiding distressed families in Illinois navigate these troubling waters, it becomes crucially pertinent for us to acknowledge one more aspect. Due to strict adherence with the laws governing lawyer advertising in Illinois, at Carlson Bier we cannot claim our presence anywhere where we don’t have a physical office. Thus, while communicating virtually or physically, please note that we never represent ourselves as being located in Geneva— a detail sometimes miscommunicated!

Rest assured though – there are no geographical bounds when it comes to justice. Hence wherever you are in Illinois, reach out to us today without hesitation. By clicking on the button below you can unlock essential insights about potential recovery based specifically on your case details — each instance warranting individualized evaluation given its unique complexity. Remember – knowledge is power! And at times like these empowering yourself through informed decisions can make all the difference—a stride towards healing and hope that Carlson Bier pledges unwavering support with.

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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 Geneva

Areas of Practice in Geneva

Pedal Cycle Crashes

Dedicated to legal representation for clients injured in bicycle accidents due to other parties' recklessness or hazardous conditions.

Thermal Damages

Supplying professional legal services for sufferers of major burn injuries caused by accidents or misconduct.

Hospital Negligence

Providing professional legal representation for patients affected by healthcare malpractice, including misdiagnosis.

Merchandise Fault

Handling cases involving defective products, extending professional legal help to customers affected by product malfunctions.

Elder Mistreatment

Representing the rights of nursing home residents who have been subjected to abuse in senior centers environments, ensuring fairness.

Stumble and Slip Mishaps

Specialist in dealing with trip accident cases, providing legal services to persons seeking justice for their harm.

Neonatal Damages

Supplying legal assistance for loved ones affected by medical incompetence resulting in newborn injuries.

Automobile Accidents

Incidents: Concentrated on supporting sufferers of car accidents gain just compensation for damages and impairment.

Motorcycle Collisions

Expert in providing legal support for bikers involved in motorcycle accidents, ensuring justice for damages.

18-Wheeler Mishap

Ensuring specialist legal representation for persons involved in lorry accidents, focusing on securing rightful recovery for hurts.

Construction Crashes

Dedicated to advocating for workers or bystanders injured in construction site accidents due to recklessness or carelessness.

Cerebral Injuries

Dedicated to ensuring expert legal assistance for patients suffering from neurological injuries due to incidents.

K9 Assault Harms

Skilled in managing cases for victims who have suffered wounds from K9 assaults or beast attacks.

Foot-traveler Collisions

Dedicated to legal assistance for pedestrians involved in accidents, providing expert advice for recovering compensation.

Unwarranted Demise

Standing up for families affected by a wrongful death, providing sensitive and experienced legal support to ensure redress.

Spine Injury

Expert in defending persons with vertebral damage, offering compassionate legal support to secure compensation.

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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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