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Wrongful Death Attorney in Huntley

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When faced with a wrongful death situation in Huntley, the experienced team of attorneys at Carlson Bier is equipped to protect your legal rights. Following such tragic events, ensuring justice and securing compensation for your loss requires a deep understanding of Illinois wrongful death law — expertise that our seasoned attorneys embody. Our compassionate approach means we treat each case constructively and delicately yet fight relentlessly for the rightful compensation you deserve. The success stories from numerous clients underscore Carlson Bier’s commitment to navigating these complex cases excellently, setting us apart as an exceptional choice in this field of law practice. Over the years, we have built trust through our dedicated handling of clients’ needs while staying ahead in knowledge within this critical area of personal injury law: Wrongful Death cases. With Carlson Bier representing you, expect unwavering support grounded on formidable experience and extensive success record solely focused on getting justice served swiftly and appropriately; just what every wronged individual deserves during these trying times.

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About Carlson Bier

Wrongful Death Lawyers in Huntley Illinois

At Carlson Bier, we understand that losing a loved one is an emotionally overwhelming and distressful experience. If you believe your family member’s death occurred due to the negligence or intentional actions of another party in Illinois, our experienced Personal Injury Attorney Group is here to help. Navigating through a wrongful death case can be perplexing; therefore, being well-informed about your rights and what constitutes as wrongful death is crucial.

Wrongful Death simply denotes when someone’s failure to act responsibly or intentionally results in the death of another person. This concept significantly corresponds with personal injury law whereby victims seek redress for harm inflicted on them by individuals who fail to uphold their duty of care. Such cases typically arise from scenarios like traffic accidents caused by negligent drivers, surgical errors in hospitals, unsafe premises leading to fatal accidents, among others.

Some critical elements to consider in these cases include:

• The defendant must have owed a duty of care to the deceased.

• There should be evidence establishing breach of this duty.

• It must be proven that the breach directly led to the victim’s demise.

• The plaintiff should indicate measurable damages resulting from their dear one’s loss.

In a wrongful death claim under Illinois law, specific beneficiaries are eligible for compensation including surviving spouses and children. Damages recovered can cater to expenses like medical costs incurred before death (if associated with the causal incident), funeral charges, lost future earnings if the deceased had lived full term natural life and even exemplary damages occasioned by willfully harmful defendant behavior.

A tight limitation period exists within which wrongful death claims can be filed – usually two years from the date of demise. However, exceptions apply; thus understanding Illinois’ statute limitations may prove quite intricate without expert legal opinion from seasoned attorneys like ours at Carlson Bier.

It’s essential appreciating that each wrongful death claim features unique facts surrounding it: different offending acts leading up-to it and accordingly varying recoverable damages potential hence inevitable necessity of customized legal approach to each case. That’s precisely what we at Carlson Bier promise: an individualized, diligent and result-driven representation for our clients seeking justice out of tragic experiences.

But why choose us? Our team at Carlson Bier brings not only years of experience dealing grappling with wrongful death cases, but also an unwavering commitment towards achieving the best possible outcome for you. We pledge aggressive yet empathetic advocacy for your rights and those of your departed loved one. As reputable Personal Injury Attorneys in Illinois, our rigorous investigation skills into claims paired with hawk-eyed keenness on every procedural detail mirror our resolve to deliver professional, quality and satisfactory client service.

Insurmountable emotional pain burdening bereaved families makes it understandably hard following through a lawsuit independently more so due to eventualities such misplaced or distorted evidence unfavorable side may capitalizing on; hence importance of engaging professionals who’ll handle everything while you remain fixed on healing from grief . At Carlson Bier everyone innocent deserves justice including the departed; that’s why we’re devoted seeing their violators brought them book – helping grant closure family need – emotionally legally.

In order to accurately determine potential recovery amounts which could significantly transcend mere medical and burial expenditure coverage factoring future financial impact which deceased persons termination life would inflict on his/her family like lost income, retirement benefits maybe even companionship loss related mental distress-something calculators really cannot do-you definitely need expert assessment give all-inclusive figure deserving full restitution victim’s value life taken away unjustly.

At Carlson Bier, we will strategize vigorously with these crucial elements in mind to build a robust legal front bound securing maximum compensation deserved as a dramatic shift aftermath losing someone circumstances emanating other people parties’ fault negligence rightfully entitles victims compensate-worthy damages waits action just court battle determination.

So let us be there beside you in this arduous pursuit championing ultimate recompense quest attaining fair just closure wrongful unnatural death those precious beloved lives lost untimely. Giving up simply is not an option when posing upon prospects of justice within reach. Your loved one should never be a mere statistic – take the step forward against injustice. Click on the button below to find out the worth of your potential case and realize how our devoted legal representation can help you commence recovery from devastating loss pains towards serene healing ultimately empowering refocus on positive aspects life even as we honorably uphold this battle fight in-place grieving ally.

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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 Huntley

Areas of Practice in Huntley

Bike Accidents

Proficient in legal representation for persons injured in bicycle accidents due to negligent parties' negligence or risky conditions.

Thermal Wounds

Supplying expert legal advice for people of grave burn injuries caused by accidents or carelessness.

Hospital Negligence

Ensuring dedicated legal advice for clients affected by hospital malpractice, including surgical errors.

Commodities Responsibility

Addressing cases involving unsafe products, delivering skilled legal help to consumers affected by faulty goods.

Nursing Home Abuse

Advocating for the rights of nursing home residents who have been subjected to malpractice in aged care environments, ensuring fairness.

Tumble & Tumble Occurrences

Professional in tackling tumble accident cases, providing legal advice to sufferers seeking compensation for their harm.

Infant Injuries

Providing legal guidance for kin affected by medical carelessness resulting in neonatal injuries.

Automobile Collisions

Mishaps: Dedicated to guiding patients of car accidents gain equitable remuneration for harms and impairment.

Motorcycle Mishaps

Committed to providing legal assistance for individuals involved in two-wheeler accidents, ensuring rightful claims for harm.

Big Rig Mishap

Delivering experienced legal support for persons involved in truck accidents, focusing on securing rightful compensation for losses.

Building Accidents

Dedicated to supporting employees or bystanders injured in construction site accidents due to negligence or misconduct.

Cognitive Harms

Expert in delivering dedicated legal advice for clients suffering from brain injuries due to accidents.

Dog Attack Harms

Expertise in handling cases for individuals who have suffered wounds from dog bites or animal assaults.

Jogger Incidents

Specializing in legal assistance for cross-walkers involved in accidents, providing dedicated assistance for recovering restitution.

Unjust Passing

Striving for loved ones affected by a wrongful death, extending compassionate and experienced legal guidance to ensure redress.

Neural Harm

Dedicated to representing persons with vertebral damage, offering compassionate legal assistance to secure recovery.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440