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Wrongful Death Attorney in Hamel

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

About Carlson Bier Associates

At Carlson Bier, we understand the gravity of a wrongful death claim. Deeply embedded in Illinois’ legal system, our expert attorneys dedicate themselves to providing reputable service and representation. Our team is comprised of true professionals that have mastery in handling complex wrongful death matters to achieve fair compensation for our clients faced with such life-altering circumstances. We pride ourselves on offering compassionate support while displaying an assertive stance in the courtroom. Hamel families seeking justice can rely on us; as seasoned advocates who know how to navigate through intricate procedures expeditiously – systematically building robust cases with strategic precision tailored to ensure maximum coverage under the law’s provisions. Choosing Carlson Bier is settling for excellence – promises not just conveyed but fulfilled beyond expectations. With us by your side during these critical moments, you are not alone; together we will ensure those responsible are held accountable when unfortunate events result in a loved one’s passing prematurely due to another party’s negligence or deliberate act.

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About Carlson Bier

Wrongful Death Lawyers in Hamel Illinois

At Carlson Bier, we are committed to seeking justice for our clients in Illinois through our comprehensive services as personal injury attorneys. One of the areas of law that we specialize in is wrongful death – an area that sadly, many people do not understand until they are thrust into these devastating circumstances themselves. The loss of a loved one due to negligence or misconduct can be highly traumatic and obtaining fair compensation often serves as an essential part of the healing process.

A wrongful death claim needs to be understood as more than just a legal procedure; it’s about gaining closure and assisting those left behind financially during an enormous life-altering situation. To help you better grasp this complex yet important subject matter, we will unravel some critical aspects worth knowing.

• Negligence: This forms the bedrock of most wrongful death cases. It involves proving that your loved one’s accident was caused by another party’s carelessness.

• Statute Limitations: Typically, Illinois allows for two years from the date of death to file a suit but exceptions exist so reaching out to professional guidance quickly is key.

• Damages Recoverable: Awards can include reimbursement for medical expenses incurred before death, funeral costs, loss of financial support with interest, and more importantly mental anguish suffered by survivors.

• Proceed Distribution: A court typically determines how proceeds are distributed among surviving family members if no will exists detailing such allocation.

Navigating any legal proceeding can be challenging even under normal circumstances; having specialist attorneys like those at Carlson Bier on your side eases much complexity especially when dealing with wrongful death claims amidst coping with grief. Overseeing immediate actions like preserving evidence or identifying potential defendants becomes our responsibility while working tenaciously to procure maximum payout possible within stipulated legal procedures.

In acknowledgment of the fact that every case has its unique attributes and nuances, we provide customized solutions rather than employing a ‘one-size-fits-all’ approach. Our team carries an empathetic understanding of the emotional turmoil that comes with wrongful death, ensuring attentive assistance every step of the way. It’s equally crucial for us to foster an environment where you feel comfortable voicing any concerns, questions or fears linked to your case.

Educating clients form an integral part of our approach at Carlson Bier. As such, don’t hesitate to reach out should you need further details about matters like how wrongful death cases are valued in Illinois or specifics regarding lesser-known compensable factors. Our resource-rich blog also presents a wealth of information on various personal injury topics that you may find beneficial.

Perseverance and genuine care summarize what we bring to each client interaction at Carlson Bier. Our efficiency is proven through time-bounded action plans coupled with stringent follow-through until case resolution and even beyond. Be it strategic negotiation with insurance adjusters or fearless courtroom representation; you can trust our collective expertise born out of decades of successful litigation experience.

To learn more about how our dedicated team at Carlson Bier can assist you in navigating this challenging journey toward justice and closure, we encourage you to utilize our online resources tailored specifically for those trying to understand their legal rights following a tragic loss. If readying oneself intellectually about such unfortunate events before diving into the legal complexities helps lessen your stress burden by even one iota, then sharing this knowledge will be worth every word penned down here.

As the final takeaway, remember: no amount can replace a life lost; compensation merely serves as a financial band-aid aiding the surviving family members during tough transitions ahead. Do not shy away from seeking entitled legal redress if ever faced with such dire circumstances=- however overwhelming they appear initially.

Interested in learning more regarding potential compensation? Carefully crafted through years of representing clients similar to yourself and leveraging industry-leading valuation models – click on the button below. This tool provides detailed insights anywhere anytime while respecting your privacy meticulously-no strings attached!

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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 Hamel

Areas of Practice in Hamel

Cycling Mishaps

Dedicated to legal representation for persons injured in bicycle accidents due to responsible parties' recklessness or risky conditions.

Flame Wounds

Providing professional legal help for individuals of severe burn injuries caused by events or indifference.

Medical Carelessness

Extending professional legal advice for individuals affected by clinical malpractice, including surgical errors.

Items Liability

Addressing cases involving unsafe products, offering adept legal support to clients affected by defective items.

Elder Misconduct

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

Stumble and Tumble Occurrences

Specialist in dealing with slip and fall accident cases, providing legal support to clients seeking redress for their harm.

Infant Injuries

Delivering legal support for kin affected by medical incompetence resulting in infant injuries.

Motor Accidents

Collisions: Devoted to assisting victims of car accidents gain equitable payout for harms and harm.

Motorbike Incidents

Dedicated to providing legal advice for victims involved in scooter accidents, ensuring rightful claims for injuries.

18-Wheeler Incident

Providing adept legal advice for drivers involved in truck accidents, focusing on securing just recompense for losses.

Building Site Accidents

Focused on supporting workmen or bystanders injured in construction site accidents due to recklessness or negligence.

Neurological Injuries

Dedicated to extending specialized legal support for clients suffering from neurological injuries due to negligence.

Dog Bite Wounds

Adept at handling cases for clients who have suffered harms from K9 assaults or animal attacks.

Cross-walker Crashes

Specializing in legal assistance for pedestrians involved in accidents, providing expert advice for recovering claims.

Undeserved Demise

Striving for grieving parties affected by a wrongful death, providing sensitive and adept legal representation to ensure fairness.

Neural Harm

Expert in assisting victims with vertebral damage, offering specialized legal services to secure settlement.

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312-313-2440