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Wrongful Death Attorney in Gilberts

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

About Carlson Bier Associates

In the distressing event of a wrongful death and surrounded by an overwhelming sense of loss, securing justice for your loved one can be a demanding task. At Carlson Bier, we bring our specialized skills in Wrongful Death cases to uphold the rights of families in Gilberts seeking lawful recompense. Our group of legal experts bears an unrivaled track record, noted for their meticulousness and dedication. They comprehensively investigate every detail to ensure maximized compensation. Our approach is anchored on empathy as much as it banks on our profound legal acumen; recognizing that each family’s circumstances are unique – so too should be their legal representation. In such dreary times, you need attorneys who not only understand Illinois’ complex Wrongful Death laws but fundamentally comprehend how vital achieving accountability is for grieving families – which makes Carlson Bier an ideal ally in this pursuit for justice and compensation while you focus on healing.

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About Carlson Bier

Wrongful Death Lawyers in Gilberts Illinois

At Carlson Bier, we specialize in advocating for individuals and families who have suffered the devastating loss through wrongful death. Wrongful death refers to instances where a person is killed due to the negligence or misconduct of another party. This includes, but isn’t restricted to fatal accidents caused by distracted driving, defective products leading to fatal injuries, deaths resultant from medical malpractice, and fatalities linked to workplace hazards.

In Illinois, as per statute, wrongful death claims must be filed within two years of the date of the deceased’s passing. Failure to adhere to this timeline may result in forfeiture of your legal rights for compensation under these laws. Our proficient team at Carlson Bier will ensure that all critical deadlines are observed meticulously.

Deciphering who can pursue a wrongful death claim can often present challenges. Generally:

• The surviving spouse has the first right.

• If there’s no surviving spouse, children may file the claim.

• If neither a spouse nor children exist, other family members (such as parents or siblings) have rights too.

Being well-versed in representing such lineage complexities sets us apart – our experts will navigate all intricacies on your behalf with tenacity and utmost dedication.

Upon proving liability in an Illinois wrongful death case, eligible survivors might recover damages including

• Funeral and burial expenses

• Lost income

• Emotional distress and grief

• Pain and suffering of lost loved one before their untimely demise

At Carlson Bier – A personal injury law group based solely out of Illinois– every case receives personalized attention from experienced attorneys committed to justice for those bereaved through wrongful acts. With our peerless combination of compassion and aggressive advocacy skills we aim at making those responsible answerable while ensuring you receive maximum legally entitled benefits.

We don’t promise an easy battle; after all settlement negotiation discussions could stretch over long periods or culminate into full-fledged court cases depending upon variable factors spanning incident specifics and power balance amongst many others. However, we do assure you relentless support every step of this tumultuous journey.

An essential facet of our organization’s service doctrine is delivering exceptional value to those turning to us for knowledge and assistance alike. We provide free consultations where, in absolute confidentiality and with no obligation whatsoever, your case will be thoroughly reviewed by a distinguished attorney from the Carlson Bier team. Every aspect would be discussed in great detail including probable legal routes, their inherent challenges, likely timelines etc., enabling you to make an informed decision about next steps without any external pressure or second guesses about information authenticity.

Losing a loved one can emotionally traumatize even the strongest amongst us; when that loss stems from deliberate actions or avoidable neglects it becomes further unbearable. With Carlson Bier on your side though, you’d never have to face this battle alone – together we’d bring those responsible to justice! So why wait? Click on the button below to find out how much your case might be worth – let us assist in banishing at least financial worries shadowing these tough times if not more!

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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 Gilberts

Areas of Practice in Gilberts

Bike Collisions

Focused on legal assistance for persons injured in bicycle accidents due to responsible parties' recklessness or risky conditions.

Burn Injuries

Offering skilled legal assistance for sufferers of serious burn injuries caused by incidents or negligence.

Hospital Malpractice

Delivering professional legal advice for clients affected by clinical malpractice, including medication mistakes.

Products Accountability

Dealing with cases involving dangerous products, delivering adept legal guidance to consumers affected by product-related injuries.

Senior Abuse

Advocating for the rights of the elderly who have been subjected to mistreatment in care facilities environments, ensuring fairness.

Slip & Slip Accidents

Adept in managing tumble accident cases, providing legal advice to victims seeking justice for their suffering.

Childbirth Traumas

Offering legal support for relatives affected by medical incompetence resulting in infant injuries.

Vehicle Collisions

Mishaps: Dedicated to guiding victims of car accidents gain reasonable remuneration for injuries and damages.

Two-Wheeler Incidents

Specializing in providing legal services for bikers involved in scooter accidents, ensuring just recovery for injuries.

18-Wheeler Collision

Ensuring experienced legal representation for victims involved in trucking accidents, focusing on securing adequate settlement for losses.

Construction Site Mishaps

Focused on defending laborers or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Cerebral Traumas

Committed to ensuring professional legal services for persons suffering from cerebral injuries due to incidents.

Dog Bite Damages

Specialized in tackling cases for individuals who have suffered damages from dog attacks or animal attacks.

Pedestrian Accidents

Dedicated to legal support for joggers involved in accidents, providing professional services for recovering compensation.

Unwarranted Loss

Advocating for relatives affected by a wrongful death, extending understanding and skilled legal services to ensure justice.

Backbone Harm

Specializing in defending individuals with vertebral damage, offering compassionate legal representation to secure redress.

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312-313-2440