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Wrongful Death Attorney in Glen Ellyn

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About Carlson Bier Associates

When facing the tragedy of a wrongful death in Glen Ellyn, there are many legal considerations to navigate. In these difficult times, it’s crucial to have knowledgeable and competent representation by your side—like that provided by Carlson Bier. Focused solely on personal injury law, we bring empathy and expertise to each case we take on. Backed with vast experience specifically in wrongful death suits, our attorneys use their distinctive depth of knowledge for your benefit every step of the way as they fight for justice on behalf of your loved one’s untimely loss. Our unparalleled commitment ensures that you receive personalized representation – walking you through each phase with utmost dignity and understanding while relentlessly advocating for maximum compensation under Illinois law.To safeguard rights whilst enduring such an unfortunate event — choosing a seasoned attorney is non-negotiable; choose Carlson Bier. We’re supportive allies during this most tumultuous period offering unrivaled counsel even when faced against formidable opponents.We don’t just operate –-we empower.

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About Carlson Bier

Wrongful Death Lawyers in Glen Ellyn Illinois

At Carlson Bier, we specialize in providing dedicated and compassionate legal services to individuals who have experienced a loss due to wrongful death. A wrongful death case arises when a person’s life is taken as a result of negligence, misconduct, or reckless actions from another party. Wrongful death can occur under various circumstances including automobile accidents, medical malpractice, workplace accidents, defective products and many others.

Understanding the laws surrounding wrongful death cases can often be difficult during such difficult times but having skilled attorneys ready to guide you will make the journey considerably less challenging. In Illinois, statutes establish specific protocols concerning who can file a claim for wrongful death dependant on their relationship with the decedent. Generally:

– The surviving spouse or immediate family members can initiate the proceedings.

– If no surviving spouse or immediate family exists the power falls to distant relatives or those who suffer financially from the demise.

One crucial factor to consider in handling these types of cases is the Statute of Limitations. In Illinois, families typically have two years from the date of death to submit a lawsuit against parties responsible for their loved ones’ untimely departure.

Successful resolution of a wrongful death claims can hinge solely on appropriate evidence collection and presentation which includes collecting pertinent medical records related to the cause of death and validating credibility via expert witnesses within respective industries regarding inferred liability. Furthermore it may also comprise preserving physical evidences like photos from accident scene if applicable.

Upon filing your claim with Carlson Bier’s adept personal injury team at helm; you’ll be counseled about potential monetary damages available through court proceedings . Typically following are primary forms of remuneration –

• Compensation for funeral expenses

• Lost future earnings

• Possible inheritance losses

• Pain and suffering endured by deceased prior to expiration

Knowledge empowers ; thus we want you to understand that even though painful , pursuing compensation provides an opportunity to hold guilty liable while securing victim’s family financial future helping them cope better with their devastating loss.

Our team at Carlson Bier is comprehensive in our approach, meticulously preparing for each case as if it were to be tried in court. Despite this, we understand the value of negotiating out-of-court settlements to minimize emotional stress on families – successfully settling majority of cases before reaching trial stage.

The expertise and dedication of Carlson Bier go beyond merely representing you in court. Our firm works collaboratively with bereaved families, connecting them with required resources such as grief counsellors, providing a foundation fostering holistic healing process embracing legal , emotional and familial aspects .

When working with us,you’re not just hiring an attorney; you are aligning yourself with a dedicated ally, fiercely committed towards ensuring justice prevails bringing solace amidst grief.

Intricacies involved might seem daunting but remember,help is just one click away .Take that decisive step today! Determine how much your unique wrongful death claim could be worth by clicking the button below. Trust Carlson Bier’s stellar team guiding you every step toward achieving rightful closure while offering peace of mind during this immensely trying time.

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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 Ellyn

Areas of Practice in Glen Ellyn

Bike Mishaps

Proficient in legal services for individuals injured in bicycle accidents due to others's indifference or unsafe conditions.

Thermal Burns

Supplying specialist legal support for people of severe burn injuries caused by accidents or recklessness.

Clinical Negligence

Extending specialist legal services for clients affected by physician malpractice, including wrong treatment.

Merchandise Accountability

Addressing cases involving defective products, delivering expert legal help to clients affected by harmful products.

Aged Neglect

Supporting the rights of aged individuals who have been subjected to misconduct in senior centers environments, ensuring restitution.

Trip and Slip Occurrences

Expert in addressing slip and fall accident cases, providing legal support to clients seeking restitution for their damages.

Infant Wounds

Supplying legal aid for relatives affected by medical carelessness resulting in childbirth injuries.

Vehicle Mishaps

Incidents: Committed to assisting clients of car accidents obtain equitable recompense for hurts and losses.

Motorbike Mishaps

Committed to providing legal assistance for motorcyclists involved in scooter accidents, ensuring adequate recompense for traumas.

Semi Incident

Ensuring professional legal assistance for victims involved in lorry accidents, focusing on securing fair compensation for injuries.

Building Site Crashes

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

Head Damages

Dedicated to offering specialized legal representation for victims suffering from head injuries due to negligence.

K9 Assault Injuries

Skilled in addressing cases for persons who have suffered damages from canine attacks or animal attacks.

Pedestrian Accidents

Dedicated to legal services for walkers involved in accidents, providing expert advice for recovering recovery.

Unfair Fatality

Striving for families affected by a wrongful death, extending empathetic and adept legal guidance to ensure compensation.

Vertebral Damage

Focused on advocating for patients with backbone trauma, offering compassionate legal support to secure recovery.

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312-313-2440