Wrongful Death Attorney in Germantown

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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

When tragedy unexpectedly strikes and you’re faced with the wrongful death of a loved one in Germantown, you need an ally who understands your grief and can help alleviate the legal burden. Carlson Bier, a leading Illinois-based personal injury law firm, is unwaveringly dedicated to supporting families during these difficult times through their expertise in Wrongful Death cases. Through years of vigorous practice, this proficient group of attorneys has become well-equipped in navigating complex legal waters to ensure justice is served swiftly and fairly for every client they represent. Knowledgeable yet compassionate; we understand that winning wrongful death compensation will not replace your irreplaceable loss but it does provide financial stability during trying times. Our commitment lies beyond customary service: expect an all-encompassing approach with us – from emotional support right through to aggressive representation at trial if necessary. Advocates steeped in understanding wrongful deaths laws as well as offering unyielding dedication towards each case underscores why Carlson Bier stands tall among law firms when considering trustworthy representation for Wrongful Death litigation.

About Carlson Bier

Wrongful Death Lawyers in Germantown Illinois

The Carlson Bier law group, grounded in Illinois, is an experienced team of personal injury attorneys providing comprehensive legal aid to individuals navigating the complexities associated with wrongful death claims. When losing a loved one due to someone else’s negligent or intentional actions, dealing with the aftermath can be overwhelming and draining. Our committed and expert lawyers at Carlson Bier stand beside you through this challenging journey, constantly striving to ease your burden while seeking justice in your favor.

In the realm of personal injury law, “wrongful death” entails the loss of life that stems from negligence or deliberate harmful behavior. Differentiating elements that facilitate clarity include:

• The individual responsible directly caused the deceased’s death.

• The person held reliable owed a duty of care to the deceased.

• Due to lack of upkeep on their part towards this owing duty manifested into fatal consequences.

At Carlson Bier, we recognize understanding these legal terminologies can be daunting at such grievous times. Hence our professionals work meticulously explaining these intricacies helping you understand your rightful claim better.

Moreover, being eligible for compensation under wrongful death demands proof correlating both liability and damages – integral aspects primarily constituting any personal injury lawsuit. Whether it relates to lost wages due to untimely demise or punitive damage costs intending punishment against culprits supporting deterrence; each scenario requires skillful comprehension and navigation through judicial norms which is where our knowledgeable team comes into play.

Setting forth few common causes initiating wrongful death lawsuits as per Carlson Bier’s extensive experience:

• Medical malpractice: Negligence during surgeries or wrong treatment resulting in a patient’s lethal outcome

• Defective products: Manufacture or sale leads proving deadly without proper product warning/instructions

• Automobile Accidents: Death ensuing due reckless driving/vehicular malfunctioning emphasize legal culpability

• Workplace accidents: Employers’ failure ensuring safe working environment causing fatal casualties

Alongside enduring emotional trauma ensuing loss of a loved one, families also bear the brunt of financial strain. Compensation won in wrongful death lawsuits often covers aspects ranging from medical expenses prior to death to loss of future wages and benefits that deceased would’ve earned serving a semblance of stability reinstating normalcy in their lives.

Let’s address the elephant in the room – lawsuit durations! A legitimate concern indeed prompting anxiety among clients especially while addressing sensitive occurrences like wrongful death claims. However, be rest assured that variables such as investigative thoroughness, court backlog or even complexity regarding the defendant’s liability might impact timelines profoundly. At Carlson Bier, we value your patience ensuring each case receives its due diligence professionally streamlining judicial proceedings curbing avoidable delays

Carlson Bier relentlessly pursues justice for those suffering profound loss due wrongful deaths regardless if it unfolds from car accidents, product malfunctioning or negligent actions – our commitment echoes steadfastly championing your rights for deserving settlements. With us on board swiftly providing balanced legal counsel yielding notable restitution across Illinois; you gain well merited focus dealing with personal grief amidst catastrophic circumstances instead battling labyrinthine lawsuits alone.

Seeking answers whether your situation qualifies under ‘wrongful death’ claim or grappling queries regarding compensatory parameters involved? Allow us to assist imparting insightful clarity granting tangible control over grim predicament at hand.

For this purpose and more, Carlson Bier urges you uncover worthiness of rightful compensation nestled within complex folds of your unique (!)case scenario. In turn helping navigate treacherous path engulfed by indescribable personal sorrow pivoted alongside substantial financial strife for families affected insurmountably.

Click on the button below today – a knowledgeable parent from our firm is ready to help shed light determining actual monetary worth associated urging final settlement facilitating considerable peace amidst tumultuous times tailoring solutions exclusively suiting individualistic requirements thereby acting decisive beacon of hope amplifying promising resolution against incurred trauma alike.

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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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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 Germantown

Areas of Practice in Germantown

Bicycle Crashes

Proficient in legal assistance for victims injured in bicycle accidents due to responsible parties' recklessness or risky conditions.

Thermal Wounds

Providing skilled legal services for individuals of severe burn injuries caused by occurrences or negligence.

Hospital Negligence

Providing expert legal representation for persons affected by physician malpractice, including surgical errors.

Goods Accountability

Taking on cases involving defective products, extending adept legal assistance to customers affected by product-related injuries.

Nursing Home Neglect

Defending the rights of the elderly who have been subjected to misconduct in elderly care environments, ensuring restitution.

Trip & Fall Occurrences

Skilled in addressing slip and fall accident cases, providing legal advice to sufferers seeking restitution for their suffering.

Infant Injuries

Offering legal assistance for relatives affected by medical carelessness resulting in birth injuries.

Auto Mishaps

Crashes: Focused on supporting clients of car accidents get reasonable settlement for hurts and losses.

Motorcycle Accidents

Dedicated to providing legal assistance for riders involved in two-wheeler accidents, ensuring justice for injuries.

Big Rig Collision

Offering professional legal assistance for persons involved in big rig accidents, focusing on securing rightful claims for hurts.

Construction Site Mishaps

Engaged in defending workmen or bystanders injured in construction site accidents due to carelessness or carelessness.

Cognitive Impairments

Committed to delivering professional legal services for persons suffering from cognitive injuries due to accidents.

Dog Bite Injuries

Specialized in managing cases for persons who have suffered wounds from dog attacks or animal assaults.

Cross-walker Collisions

Expert in legal advocacy for pedestrians involved in accidents, providing professional services for recovering restitution.

Unjust Demise

Striving for relatives affected by a wrongful death, offering empathetic and experienced legal guidance to ensure redress.

Neural Harm

Specializing in representing patients with spine impairments, offering dedicated legal support to secure settlement.

Contact Us Today if you need a Person Injury Lawyer