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Wrongful Death Attorney in Glen Carbon

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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

At Carlson Bier, we understand that coping with the loss of a loved one is unfathomably challenging. When such losses occur under preventable circumstances or due to another’s recklessness, justice demands accountability. Specializing in Wrongful Death suits, our proficiency and dedication set us apart in this complex legal field. Ensuring rightful compensation for Glen Carbon residents coping with such tragic hardships remains a chief concern at Carlson Bier. Our seasoned team meticulously examines every intricate detail of your case to assert powerful claims effectively against responsible parties – all while providing compassionate personal assistance to help guide you through these trying times. We are renowned for our unwavering commitment towards achieving favorable outcomes for clients; an affirmation of our reputation as a trusted choice within Illinois’ sphere of Personal Injury Lawsuits and Wrongful Death litigations more specifically. That echoes why so many grieving families turn to us during their darkest hours – they trust the legal prowess and empathetic guidance offered by Carlson Bier.

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About Carlson Bier

Wrongful Death Lawyers in Glen Carbon Illinois

When facing the devastation of losing a loved one due to negligence or misconduct, getting in touch with Carlson Bier is an important step towards finding justice. Based in Illinois, we are a highly regarded personal injury attorney group skilled at handling complex wrongful death cases. With deep compassion and fierce commitment, we stand by your side during this dark time to help you navigate the intricate path of Illinois’ wrongful death laws.

Wrongful death could result from various scenarios, each possessing its unique legal implications. Among these situations include motor vehicle accidents caused by reckless driving, medical malpractice where a healthcare provider’s negligence leads to loss of life, unsafe or defective products leading to fatal injuries; even intentional violence falls into this category. Carlson Bier focuses on shedding light on these possibilities – advocating for justice in every facet that wrongful death might occur and ensuring that those responsible are held accountable.

Understanding the foundation of what constitutes wrongful death is crucial. Wrongful death claims hinge upon:

– Provable negligence: The objective is to establish that the defendant’s carelessness resulted in the untimely demise.

– Direct causation: It must be shown unmistakably that the defendant’s negligent actions led directly to loss of life.

– Measurable damages: Tangible impacts like loss of income or inheritance resulting from untimely passing should be evident.

Illinois law allows for compensation in several forms for wrongful deaths. These span across financial aspects such as lost earnings (including potential future income), medical and funeral expenses linked directly to demise; emotional aspects covering grief and sorrowing; and societal components like loss of companionship or consortium. As experienced attorneys, our team at Carlson Bier adeptly navigates these territories – meticulously estimating losses suffered and compensations merited before arguing assertively for deserved justice.

However, it’s essential to acknowledge that Illinois legislation enforces restrictions known as statutes of limitations on bringing forth wrongful death lawsuits. Primarily, claims ought not exceed two years past the date of death or occurrence, save for a few exceptions that our team can evaluate. Understanding and adhering to these time limits is vital in wrongful death cases, which Carlson Bier assures as a fundamental part of our legal responsibilities.

Navigating wrongful death cases necessitates much more than just understanding the law. It requires lending an empathetic ear to listen to grief-stricken individuals and helping them understand every single step of this complex process while fighting relentlessly against those at fault. That’s precisely what we do at Carlson Bier; offering you comprehensive assistance, reassurances throughout this grave period, and absolute dedication driven towards delivering justice for your loved one.

Rest assured that when working with us, your case will be treated with utmost respect and priority. We know that each situation holds unique circumstances and comes laden with heavy emotions. Thus, your story will be personally listened to by our dedicated lawyers who are committed to unearthing every pertinent detail necessary for building a compelling case.

By affording personalized attention blended with subject matter expertise and commanding courtroom skills, Carlson Bier delivers persuasive arguments that consistently stand strong against counter defenses – ultimately boosting chances of winnability in such heartfelt trials significantly.

Click on the button below now so we can help you assess the worth of your case. At no cost to you initially, allow Carlson Bier’s personal injury attorneys show how we tirelessly strive for truthfulness in justice dispensation – reminding offenders about their duty toward societal safety while ensuring victims like yourself have their day in court fully shown full empathy from start through closure.

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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 Glen Carbon

Areas of Practice in Glen Carbon

Pedal Cycle Incidents

Focused on legal assistance for persons injured in bicycle accidents due to negligent parties' indifference or dangerous conditions.

Flame Wounds

Extending professional legal advice for victims of grave burn injuries caused by incidents or carelessness.

Medical Misconduct

Offering experienced legal support for patients affected by hospital malpractice, including negligent care.

Commodities Obligation

Managing cases involving problematic products, offering expert legal help to victims affected by harmful products.

Aged Mistreatment

Supporting the rights of aged individuals who have been subjected to abuse in aged care environments, ensuring compensation.

Slip and Fall Occurrences

Adept in tackling fall and trip accident cases, providing legal services to victims seeking redress for their losses.

Birth Traumas

Providing legal support for households affected by medical incompetence resulting in neonatal injuries.

Vehicle Mishaps

Crashes: Focused on supporting victims of car accidents gain just recompense for wounds and damages.

Scooter Mishaps

Dedicated to providing legal services for motorcyclists involved in motorcycle accidents, ensuring fair compensation for damages.

Semi Crash

Ensuring experienced legal assistance for clients involved in lorry accidents, focusing on securing just recompense for harms.

Building Site Crashes

Concentrated on supporting employees or bystanders injured in construction site accidents due to carelessness or misconduct.

Head Injuries

Expert in providing compassionate legal representation for clients suffering from brain injuries due to misconduct.

K9 Assault Injuries

Expertise in managing cases for victims who have suffered harms from puppy bites or creature assaults.

Jogger Collisions

Committed to legal representation for joggers involved in accidents, providing professional services for recovering restitution.

Wrongful Loss

Standing up for bereaved affected by a wrongful death, offering sensitive and professional legal support to ensure justice.

Spine Harm

Expert in supporting persons with paralysis, offering specialized legal guidance to secure justice.

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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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