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Wrongful Death Attorney in Hinsdale

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About Carlson Bier Associates

Carlson Bier is the premier choice for dealing with unfortunate cases of Wrongful Death in Hinsdale, Illinois. Our attorneys specialize in defining and defending your rights, navigating efficiently through complex legal scenarios that deal explicitly with Wrongful Death situations. We understand leaving behind loved ones due to another’s negligence or recklessness can be hard-hitting and emotionally taxing; thus, our experienced attorney group shouldered by resilience assists you strenuously every step of the way. Statements packed right within your grasp substantiate Carlson Bier’s credible reputation across Hinsdale – proving testament to our proficient approach towards justice and rightful compensation. Nevertheless, choosing us implies opting for a team carrying an empathetic understanding unparalleled amongst peers while upkeeping professionally fortified precision at its core during proceedings. Aiding countless clients through their darkest hours with appropriate guidance makes us proficiently skilled at what we do—and it does bring comfort amidst tragedy like none other. Henceforth, when life dismantles unexpectedly let Carlson Bier parachute you back toward tranquility through lawful triumph over wrongful death adversities in Hinsdale.

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About Carlson Bier

Wrongful Death Lawyers in Hinsdale Illinois

At Carlson Bier, we understand that grappling with the loss of a loved one in an unexpected accident is a profoundly distressing experience. You need guidance and support during this time and especially as you canalize your grief into appropriate legal channels to seek justice against those responsible for your loved ones’ wrongful death. As expert personal injury attorneys based out of Illinois, we specialize in cases involving wrongful death and have offered our extensive resources and personalized attention to countless families throughout their time of need.

Wrongful death claims are critical but complex lawsuits that require comprehensive understanding of various elements. First, it means that someone has died due to the legal fault of another person or entity. Secondly, lawful beneficiaries or dependents must exist who suffer monetary damage as a result of the decedent’s death. Lastly, there must be a personal representative appointed for the estate.

• A civil lawsuit brought for wrongful death can be premised on direct causes such as medical malpractice, car accidents, construction accidents among others.

• It could also rise from circumstances where a victim was intentionally killed.

Understanding these intricacies becomes even more essential because they enable surviving family members or other affected parties to secure financial compensation for their immense loss.

Deciding whether you may have a valid claim or not tends to consume tremendous amounts of emotional energy along with generating worry about potential costs involved in pursuing this course legally. At Carlson Bier, we bring assurance on both these counts through our expertise honed over years working within Illinois’ judicial system defending clients just like you with compassion and dedication.

Our approach is simple –to meticulously process all details relevant to your case, ensure every legal requirement is met with high accuracy while providing sensitivity towards your grief stricken circumstance which allows us to perceive complexities unique only unto you.

Some key aspects such as pain & suffering endured by deceased before death:

• Loss Companionship/family relationship

• Financial loss including funeral expenses/aggregation of the executed’s future earnings

are invariably overlooked by a layman, points that we understand quite clearly could mean the difference between a favorable versus an unfavorable verdict.

Navigating this legal labyrinth for wrongful death claims requires support and proven expertise that Carlson Bier vigorously offers. Not only do we provide comprehensive legal services to protect your interests but through our efforts strive tirelessly towards obtaining compensation you inevitably need to rebuild your life after enduring a devastating loss of this magnitude.

Your next step is crucial to understanding what your case may be worth; click on the button below and allow yourself an opportunity to interact with us directly at Carlson Bier. We believe in supporting you as people, not just clients. Remember it’s not about seeking revenge; it’s about ensuring justice prevails for those who can no longer voice their injustice and helping the survivors find closure thus enabling healing through trying times such as these.

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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 Hinsdale

Areas of Practice in Hinsdale

Two-Wheeler Crashes

Proficient in legal support for individuals injured in bicycle accidents due to others' indifference or risky conditions.

Flame Burns

Supplying adept legal advice for victims of major burn injuries caused by events or indifference.

Hospital Misconduct

Extending expert legal services for victims affected by clinical malpractice, including wrong treatment.

Goods Obligation

Handling cases involving problematic products, supplying expert legal assistance to victims affected by faulty goods.

Senior Neglect

Defending the rights of seniors who have been subjected to malpractice in senior centers environments, ensuring restitution.

Fall and Trip Incidents

Specialist in managing trip accident cases, providing legal services to persons seeking compensation for their damages.

Birth Damages

Delivering legal guidance for loved ones affected by medical misconduct resulting in infant injuries.

Motor Mishaps

Accidents: Concentrated on assisting sufferers of car accidents get equitable payout for wounds and impairment.

Scooter Incidents

Focused on providing representation for motorcyclists involved in bike accidents, ensuring fair compensation for losses.

Trucking Mishap

Offering expert legal representation for individuals involved in trucking accidents, focusing on securing rightful compensation for harms.

Construction Collisions

Engaged in supporting laborers or bystanders injured in construction site accidents due to negligence or recklessness.

Head Injuries

Dedicated to extending compassionate legal advice for individuals suffering from cerebral injuries due to accidents.

Dog Bite Damages

Proficient in tackling cases for persons who have suffered damages from canine attacks or wildlife encounters.

Cross-walker Accidents

Dedicated to legal support for joggers involved in accidents, providing dedicated assistance for recovering claims.

Wrongful Passing

Fighting for families affected by a wrongful death, providing empathetic and professional legal guidance to ensure redress.

Spinal Cord Harm

Specializing in assisting individuals with backbone trauma, offering compassionate legal guidance to secure redress.

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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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