Wrongful Death Attorney in Gurnee

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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 you are dealing with the loss of a loved one due to wrongful death, Carlson Bier is here to offer compassionate and focused legal assistance. Serving Gurnee and surrounding areas in Illinois, our firm specializes in personal injury law with an emphasis on wrongful death cases. Our experienced attorneys have successfully advocated for numerous families suffering from such tragic circumstances, helping them find justice and receive their rightful compensation. We believe that no family should be burdened economically due to another’s negligence or wrongdoing. Carlson Bier’s record demonstrates dedication to fiercely representing our clients’ rights while showing empathy at every step of the grievous process. Whether it involves medical malpractice, vehicular accidents, workplace incidents or other unfortunate scenarios leading to wrongful death; we approach each case diligently ensuring appropriate action against negligent parties. When seeking help following a life-changing tragedy in Gurnee trust only Carlson Bier – compromise isn’t an option when it comes your family’s welfare.

About Carlson Bier

Wrongful Death Lawyers in Gurnee Illinois

At Carlson Bier, we are committed to providing specialized legal counsel for personal injury cases, particularly relating to wrongful death claims. Our hard-earned expertise and deep understanding of the field allow us to represent clients from across Illinois with proficiency and a unique level of dedication. Providing personalized attention, we strive to bring clarity during complex times.

A wrongful death occurs when an individual’s life is taken due to negligence or misconduct on the part of another person or entity. The heartbreaking reality is that many wrongful deaths could have been prevented if proper precautions were taken or if individuals acted responsibly. The decedent’s immediate family members typically bring these suits against those who they believe are responsible for their loved one’s untimely demise.

In Illinois, the term ‘wrongful death’ extends over instances such as medical malpractice where a doctor fails to follow standard procedures leading to fatal outcomes; automobile accidents spurred by drunken or reckless driving; workplace incidents where adequate safety measures aren’t in place; defective products that cause fatalities through no fault or negligence of the victim—among several other circumstances.

Understanding whether your case qualifies as a wrongful death claim can be intricate but is necessary before moving forward with litigation:

– There must be a factual basis confirming someone’s death.

– Negligence should lead directly or indirectly to the said demise.

– Surviving dependents or beneficiaries must incur monetary damages because of the fatality.

– A personal representative of the deceased should be appointed for estate matters.

Damages awarded vary depending upon specific circumstances surrounding each case. Nonetheless, courts in Illinois may award compensation based on factors like incurred medical costs, funeral expenses, lost earnings and benefits previously provided by deceased individuals—including elements not easily quantifiable such as pain & suffering endured by survivors.

Potentially recoverable damages include current and future financial losses linked with your loved one’s income—generally calculated under lifetime expectancy rules along with loss consortium (i.e., deprivation regarding companionship where a family member passes). Monetary compensation also covers emotional distress connected to the wrongful death.

Despite having universal prerequisites, litigation intricacies across counties in Illinois can make wrongful death lawsuits particularly challenging. Thus, seek counsel from experienced attorneys like Carlson Bier, who have unwavering commitment to obtaining rightful justice for grieving families—securing you the maximum compensation possible.

Navigating this complex territory at such an emotionally draining time can be incredibly challenging alone. That’s why we make it our mission to guide you through every step of the process with empathy and tenacity. Our superior client support combined with our comprehensive knowledge helps ensure that your legal requirements are tailored according to your case’s unique needs. Let us shoulder some of this burden; partner with Carlson Bier so that you can move forward in pursuit of justice confident in effective representation.

The next appropriate step in navigating a wrongful death claim is determining how much your potential case could be worth. It makes sense; understanding its value provides direction and clarity as you plan ahead financially and emotionally during these challenging times.

We invite you to click on the button below where our team can provide insights into what your particular claim may be worth—at no obligation or cost on your part. As personal injury lawyers located throughout Illinois—not specifically Gurnee—we look forward to aiding you in asserting your rights diligently and confidently by offering expert analysis accumulated over years of practice within this realm.

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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 Gurnee

Areas of Practice in Gurnee

Bike Accidents

Proficient in legal representation for victims injured in bicycle accidents due to others' lack of care or risky conditions.

Scald Injuries

Offering skilled legal assistance for patients of grave burn injuries caused by occurrences or indifference.

Medical Carelessness

Delivering professional legal support for persons affected by physician malpractice, including surgical errors.

Commodities Liability

Addressing cases involving dangerous products, providing skilled legal help to clients affected by defective items.

Aged Abuse

Supporting the rights of seniors who have been subjected to abuse in nursing homes environments, ensuring fairness.

Fall and Fall Mishaps

Expert in dealing with tumble accident cases, providing legal support to sufferers seeking restitution for their suffering.

Infant Injuries

Extending legal help for households affected by medical negligence resulting in childbirth injuries.

Motor Collisions

Accidents: Devoted to assisting victims of car accidents secure reasonable payout for hurts and losses.

Two-Wheeler Accidents

Committed to providing legal services for bikers involved in motorcycle accidents, ensuring adequate recompense for damages.

Truck Crash

Offering specialist legal support for victims involved in semi accidents, focusing on securing adequate recovery for losses.

Construction Site Collisions

Focused on defending workers or bystanders injured in construction site accidents due to recklessness or recklessness.

Cerebral Impairments

Expert in delivering specialized legal assistance for clients suffering from brain injuries due to carelessness.

Dog Attack Wounds

Skilled in managing cases for victims who have suffered harms from dog bites or creature assaults.

Cross-walker Collisions

Focused on legal support for pedestrians involved in accidents, providing expert advice for recovering compensation.

Undeserved Passing

Fighting for grieving parties affected by a wrongful death, offering caring and experienced legal services to ensure restitution.

Spinal Cord Trauma

Expert in defending persons with paralysis, offering dedicated legal services to secure redress.

Contact Us Today if you need a Person Injury Lawyer