Wrongful Death Attorney in Glenwood

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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

If you’ve been shaken by the wrongful death of a loved one, Carlson Bier can provide the aggressive representation needed to protect your rights and get justice. Headquartered in Illinois, we have vast experience handling these emotionally challenging cases with care and backing our clients when it matters most. We specialize exclusively in personal injury law, focusing particularly on wrongful death suits– where your case is not just about financial compensation but also pursuing accountability from those responsible. Thanks to our commitment towards achieving justice for our clients, we’re regularly considered as an excellent choice amongst residents of Glenwood who need trustworthy legal guidance during such trying times. When dealing with lost income or unexpected medical bills associated with a tragic loss, having someone who understands is invaluable; that’s what you’ll find at Carlson Bier.

About Carlson Bier

Wrongful Death Lawyers in Glenwood Illinois

At Carlson Bier, we focus our legal expertise on Personal Injury Law, and one area in particular where we’ve amassed deep knowledge is Wrongful Death. When an individual’s death results from the negligence or misconduct of another, it can be designated as a ‘Wrongful Death.’ This tragic circumstance often leaves family members not only grieving but may also burden them with unexpected expenses such as medical bills and funeral costs. Furthermore, the loss of financial support from the deceased’s job can leave families financially vulnerable.

Each Wrongful Death case unfolds differently depending on myriad factors. However, most share a basic pattern that includes four configurations: The defendant had a “duty of care” towards the deceased. The defendant breached this duty by acting—or failing to act—in certain ways. This breach directly caused the fatal accident or illness, and finally, damages resulted from death which has led to injustice done to surviving kin.

Key elements involved in these cases are:

• Establishing Defendant Liability: To substantiate wrongful death claims, it is essential for us to establish that the accused party was indeed negligent or acted intentionally causing harm.

• Proving Causation: It must be definitively proven that actions or lack thereof by the irresolute lead directly to the victim’s untimely demise.

• Assessing Actual Damages: A verifiable monetary value should depict consequential losses suffered by survivors due to their loved one’s sudden passing away.

Our attentive and dedicated team at Carlson Bier pursues these complex proofs through meticulous investigation and steadfast advocacy during trials – Our goal being securing rightful justice for victims’ families enduring such painful episodes.

Moreover, Illinois law spells out specific relations holding entitlements to receive compensatory amounts via Wrongful Deaths settlements; usually close relatives like parents of minor children killed tragically young; spouses who have lost their partners prematurely; children orphaned suddenly because grownups perished earlier than anticipated naturally.

Potential damages awarded under wrongful deaths, too, are several. Economic damages cover loss of financial income which the deceased would’ve earned during their lifetime. Non-Economic damages compensate for emotional suffering and may include loss of consortium or companionship due to untimely passing away of beloved ones.

The compensation secured can provide solace to a grief-stricken family dealing with unfathomable loss – pushing ahead; building life back up after such heartrending instances of wrongful deaths.

Allow Carlson Bier to guide you through this incredibly difficult time and ensure that your loved one’s death isn’t in vain by holding those responsible accountable for their negligence or wrongdoing. We have decades of experience litigating these painful cases across Illinois while providing compassionate service which honors the memory of the departed loved one.

Our deep understanding combined with our passionate dedication towards each case makes us the ideal ally when navigating wrongful death claims. If you believe your loved one was a victim of wrongful death, we encourage you to contact Carlson Bier immediately so we can explain clearly how laws regarding wrongful death work in Illinois and discuss potential legal actions open before mourning families like yours in light of heinous wrong done unto irretrievably dear kin unjustly robbed off longer lives rightfully theirs.

Ready-made information here just about skates over surfaces of depths associated obviously with Wrongful Death situations. For more comprehensive discussions tailor-suited addressing unique circumstances grieving relatives face sadly under these scenarios, tap into our expansive expertise cultivated painstaking enabling justice early as possible following wrongful bereavements burdening mistakenly innocent households out here in Illinois.

Learn firsthand how our informed guidance helps steer according to nuanced necessities defining wrongful death lawsuits from consultation right till closure—demystifying convoluted legal proceedings involved, facilitating efficient advancements benefitting claimants stricken genuinely due shocking fatalities afflicting treasured relations gone horribly amiss against natural order ordained universally preserved hitherto unsuspecting worlds shattered abruptly inducing unfair demises punishing undeservedly left behind parties enduringly.

Discover what legal recompense potentially materializes assuaging losses felt most, click the following button to figure out compensatory worth reckoning specifically for particular cases lodged against wrongful deaths suffered personal – a perfectly legal entitlement extended by Illinois constitution towards victims’ surviving dependents seeking rightful redress against perpetrators contributing prematurely executed dreadful exits saddling burdened left-overs further after noticeable-absences force burdens incomprehensible upon them undeservedly so. Lean on dedicated expertise at Carlson Bier delivering justice diligently into deserving hands in Illinois where we operate maintaining a physical office presently serving Wrongful Death claimants locally and fittingly around immediate neighborhood too clothed in our careful distinguishment.

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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 Glenwood

Areas of Practice in Glenwood

Bicycle Accidents

Proficient in legal support for victims injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Burn Burns

Extending professional legal help for people of major burn injuries caused by accidents or negligence.

Medical Malpractice

Ensuring specialist legal assistance for individuals affected by hospital malpractice, including medication mistakes.

Products Fault

Managing cases involving dangerous products, delivering skilled legal guidance to consumers affected by product-related injuries.

Elder Neglect

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

Stumble and Stumble Incidents

Expert in handling fall and trip accident cases, providing legal assistance to persons seeking justice for their injuries.

Birth Harms

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

Automobile Collisions

Incidents: Concentrated on aiding clients of car accidents get reasonable remuneration for hurts and damages.

Scooter Collisions

Expert in providing legal services for motorcyclists involved in scooter accidents, ensuring rightful claims for harm.

18-Wheeler Accident

Providing expert legal representation for drivers involved in lorry accidents, focusing on securing rightful recompense for hurts.

Construction Accidents

Dedicated to representing employees or bystanders injured in construction site accidents due to carelessness or misconduct.

Neurological Damages

Committed to offering professional legal representation for individuals suffering from cerebral injuries due to negligence.

Canine Attack Injuries

Proficient in dealing with cases for victims who have suffered harms from dog attacks or creature assaults.

Foot-traveler Crashes

Focused on legal representation for pedestrians involved in accidents, providing comprehensive support for recovering compensation.

Unfair Death

Advocating for loved ones affected by a wrongful death, extending sensitive and expert legal representation to ensure fairness.

Backbone Injury

Committed to representing clients with backbone trauma, offering specialized legal services to secure justice.

Contact Us Today if you need a Person Injury Lawyer