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Wrongful Death Attorney in Herscher

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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 tragedy strikes unexpectedly in Herscher, the wrongful death attorneys at Carlson Bier are committed to pursuit of justice on behalf of your loved ones. Our deep comprehension for Illinois legislation uniquely equips us to contest complex cases capably and confidently. At Carlson Bier, our diligent investigation process ensures every detail is evaluated thoroughly. Driven by empathy and resilience, we comprehend the loss’s magnitude upon your life; hence, we fight tenaciously for rightful compensation aligned with the law’s provisions. Grounded in a proven record of successful client representation spanning decades, trust accumulates naturally across communities fulfilled by our commitment towards accountability and transparency within each case handled.

Our reputation hinges on prioritizing clients over everything else: a testament mirrored through numerous testimonials reverberating their satisfaction associated with our services’ quality delivery mechanisms. If you face an unfortunate circumstance requiring expert consultation from Hercules’ premier wrongful death lawyers – Carlson Bier stands proudly as your most dependable consideration among renowned personal injury lawyer firms statewide.

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About Carlson Bier

Wrongful Death Lawyers in Herscher Illinois

At Carlson Bier, we adhere to the belief that justice is a right entitled to all. As premier personal injury lawyers situated in Illinois, our firm specializes in tackling complex Wrongful Death lawsuits, providing you with comprehensive legal assistance every step of the way. A predicament none wish to encounter; wrongful death refers to losing a loved one due to the deliberate negligence or misconduct of another party. It’s an emotional and taxing ordeal that leaves families distraught, confused, and seeking resolution.

Understanding Wrongful Death: To better arm yourselves with knowledge during these challenging times, it is essential first to understand what constitutes as wrongful death under Illinois law:

– Someone’s unreasonable conduct caused a death.

– The deceased would have had grounds for a personal injury case if they survived.

– Remaining family members are enduring financial suffering due to this loss.

The road ahead may seem daunting but understanding your rights deeply can offer some solace and direction. Rest assured, we at Carlson Bier hold extensive experience and expertise in dealing with such intricate matters.

Compensation Considerations: With detailed legal strategies built on empathy and years of practice, we help you seek compensation for:

– Medical expenses incurred before your loved one passed away

– Funeral costs

– Lost earning (if the deceased was responsible for contributing financially)

– Emotional trauma

Every situation is unique; thus various forms of damages could be justified depending on your individual case specifics.

Legal Time Frames – Act Soon: Prompt action is crucial when dealing with wrongful death suits since Illinois law allows only two years from the date of death—dubbed ‘Statute of Limitations’—to file a lawsuit. This restricted time frame solidifies the importance of immediately contacting experienced personal injury attorneys like us at Carlson Bier.

Sensitive yet Steadfast Approach – We recognize that no amount can ever compensate for personal loss adequately. However, obtaining monetary damages can aid in easing burdensome bills and providing financial stability to families during an undeniably difficult period. Our attorneys will handle your case with the sensitivity it needs while being unwavering in demanding justice from the responsible party.

Decisive Action Plans: The anonymous legal labyrinth can be overwhelming without expert guidance, especially when emotionally charged events propel you into these circumstances. As personal injury lawyers, we formulate strategic action plans that supplement your fight for justice with knowledge and assertive execution:

– Get a Detailed Understanding of Your Rights

– Compile and Analyze Pertinent Evidence

– Calculate Potential Monetary Compensation

– Craft Legal Arguments Based on Solid Grounds

Crafting a Plan – Case Evaluation: Making educated decisions is invaluable in the journey towards gaining closure. First-time interactions with us entail comprehensive, no-obligation case evaluations where we review your situation exhaustively before advising any further steps or suggesting potential legal pathways.

At Carlson Bier, we resonate deeply with our clients’ anguish which steers the emphasis towards making this complex process as smooth as possible. It’s crucial to remember how the progression towards justice also requires dedication, resilience, constant vigilance – qualities embodied by anyone engaging in fighting for their rights.

Let our team of premier Illinois-based personal injury lawyers firm guide you effectively through your pursuit of justice in wrongful death matters at hand. Are you ready to find out what Carlson Bier can do for you? If so, click on the button below for an evaluation regarding the value of your case. Let us stand beside you in this challenging period and commit ourselves to safeguarding your rights while striving for deserved compensation and resolution.

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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 Herscher

Areas of Practice in Herscher

Two-Wheeler Accidents

Dedicated to legal services for clients injured in bicycle accidents due to others' lack of care or risky conditions.

Flame Wounds

Offering adept legal services for victims of severe burn injuries caused by accidents or negligence.

Hospital Carelessness

Ensuring expert legal services for persons affected by healthcare malpractice, including misdiagnosis.

Merchandise Responsibility

Dealing with cases involving unsafe products, supplying expert legal help to individuals affected by defective items.

Nursing Home Misconduct

Supporting the rights of nursing home residents who have been subjected to mistreatment in elderly care environments, ensuring protection.

Stumble and Stumble Incidents

Specialist in handling stumble accident cases, providing legal assistance to persons seeking restitution for their harm.

Newborn Harms

Delivering legal guidance for kin affected by medical negligence resulting in birth injuries.

Automobile Mishaps

Crashes: Devoted to guiding sufferers of car accidents gain fair recompense for wounds and harm.

Two-Wheeler Collisions

Expert in providing legal assistance for motorcyclists involved in bike accidents, ensuring just recovery for damages.

Semi Mishap

Delivering specialist legal advice for clients involved in trucking accidents, focusing on securing fair recovery for harms.

Construction Accidents

Engaged in advocating for workmen or bystanders injured in construction site accidents due to safety violations or misconduct.

Head Traumas

Focused on ensuring specialized legal advice for persons suffering from neurological injuries due to negligence.

Canine Attack Traumas

Expertise in addressing cases for persons who have suffered injuries from K9 assaults or beast attacks.

Foot-traveler Collisions

Specializing in legal representation for cross-walkers involved in accidents, providing comprehensive support for recovering recovery.

Unjust Demise

Standing up for loved ones affected by a wrongful death, offering compassionate and professional legal support to ensure justice.

Backbone Injury

Specializing in defending persons with spinal cord injuries, offering specialized legal support to secure settlement.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440