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Wrongful Death Attorney in Highwood

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About Carlson Bier Associates

In Highwood, when confronting the tragic circumstance of a wrongful death, one seeks steadfast legal representation that both safeguards your interests and extends compassionate understanding. Carlson Bier is an undeniable choice. Our esteemed team of attorneys focuses exclusively on personal injury law with a dedicated emphasis on wrongful death cases. With a robust history in working within Illinois jurisdiction, we have secured sizable verdicts and settlements for our valued clientele. We provide relentless advocacy combined with years of industry expertise to ensure justice is served honorably and expediently; providing much-needed solace during this excruciating period. At Carlson Bier you don’t need to worry about legal complexities, as we navigate these waters on your behalf while ensuring you stay informed at every turn- making seamless decisions leads to desirable outcomes . Trust us not just for our competitive winning record but also for bringing respectability and empathy into our practice as we fight relentlessly for the rights of grief-stricken families across Highwood.

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About Carlson Bier

Wrongful Death Lawyers in Highwood Illinois

At Carlson Bier, protecting your rights is our primary focus. As an accomplished personal injury attorney group based in Illinois, we specialize in understanding and navigating the complicated nuances of Wrongful Death cases. When you’re grieving the loss of a loved one due to another party’s negligence or wrongful act, it can feel overwhelming to pursue legal action. This is where our expert team steps in, determinedly fighting for justice on your behalf.

Wrongful death refers to a scenario where someone dies as a result of another party’s irresponsible behavior or negligence—whether intentionally inflicted harm or not. From reckless driving that results in fatal car accidents to preventable workplace accidents, these instances fall under what law considers as ‘wrongful death’. The emotional toll when losing someone dear is unimaginable; the pain grows deeper knowing that their loss could have been prevented had another party acted differently.

There are several critical components needed for filing a successful wrongful death lawsuit:

• Proof of Negligence: Demonstrating that the wrongful act or negligence directly led to your loved one’s demise.

• Breach of Duty: Needing substantial evidence proving how the defendant breached their lawful duty towards your deceased family member.

• Causation: Inextricably linking that breach of duty to have caused the decedent’s loss.

• Damages: Showcasing actual damages such as medical expenses, funeral costs, loss of earnings, benefits lost due to unfortunate demise etc.

At Carlson Bier, we leverage our extensive experience and deep knowledge base related to Illinois’ laws in crafting an indomitable case designed for success. Nothing replaces a loved one—but by winning maximum compensation available under the law for all losses endured because by your beloved’s unnecessary passing—we can help bring closure during this difficult time while securing futures potentially disrupted by untimely deaths.

Through compassionate guidance coupled with aggressive representation—and through effective strategies sculpted around individual client needs—our team helps navigate the intimidating landscape of Illinois’ judicial system. After all, you warrant an attorney who not solely grasps “wrongful death” as a legal term but furnishes empathetic yet robust assistance that acknowledges the painful reality behind those words.

Remember, you’re not alone in this journey. The teams at Carlson Bier are here to shoulder your pain and help fight for what’s right so that justice is served. You deserve compensation and closure; it’s our mission to ensure that those inflicting harm held accountable for their irresponsible actions.

We encourage you: if you’re reading this because someone dear to you has been mortally wronged, take action with us today by seeking professional expert advice from the Carlson Bier group. Click on the button below to initiate a free case evaluation—we will provide detailed insights into your potential claim’s worth based on preliminary assessment tailored according to your unique circumstances. It could be the first vital step towards finding solace in an otherwise tragic situation as we work relentlessly towards ensuring fairness prevails through just compensation warranted by law in your specific context.

Allow us—Carlson Bier—the privilege of guiding you during such challenging times as fervent advocates for victims’ rights in personal injury cases across many conditions and circumstances within Illinois state law. We look forward to assisting and standing steadfast by your side during every step necessary within this arduous process—moving past mere legal advice, becoming dedicated allies committed sincerely towards delivering justice owed regardless of how formidable adversaries may seemingly appear at any stage amidst pursuing rightful claims.

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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 Highwood

Areas of Practice in Highwood

Bike Mishaps

Focused on legal advocacy for persons injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Scald Wounds

Supplying professional legal advice for victims of serious burn injuries caused by occurrences or negligence.

Clinical Malpractice

Extending dedicated legal support for victims affected by healthcare malpractice, including negligent care.

Commodities Fault

Addressing cases involving problematic products, extending expert legal help to consumers affected by defective items.

Geriatric Malpractice

Supporting the rights of the elderly who have been subjected to malpractice in elderly care environments, ensuring protection.

Tumble and Trip Incidents

Professional in handling slip and fall accident cases, providing legal services to sufferers seeking restitution for their injuries.

Birth Damages

Providing legal aid for households affected by medical misconduct resulting in infant injuries.

Car Accidents

Accidents: Dedicated to assisting clients of car accidents obtain reasonable compensation for hurts and destruction.

Motorbike Collisions

Expert in providing legal support for bikers involved in motorcycle accidents, ensuring justice for harm.

Truck Incident

Extending adept legal support for persons involved in big rig accidents, focusing on securing just recompense for damages.

Worksite Mishaps

Concentrated on advocating for staff or bystanders injured in construction site accidents due to negligence or recklessness.

Brain Harms

Specializing in ensuring specialized legal services for victims suffering from cognitive injuries due to accidents.

Canine Attack Damages

Expertise in tackling cases for victims who have suffered damages from dog bites or animal attacks.

Pedestrian Collisions

Specializing in legal support for foot-travelers involved in accidents, providing expert advice for recovering claims.

Unwarranted Fatality

Advocating for bereaved affected by a wrongful death, extending empathetic and professional legal guidance to ensure restitution.

Vertebral Impairment

Dedicated to assisting persons with backbone trauma, offering specialized legal assistance to secure recovery.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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