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Wrongful Death Attorney in Hurst

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About Carlson Bier Associates

When faced with the unexpected and tragic loss of a loved one due to negligence or malpractice, Hurst residents require the empathetic expertise Carlson Bier offers in Wrongful Death litigation. Our experienced team prides itself on championing client causes in Illinois courts tirelessly until justice is brought forth. Through comprehensive investigations and strategic case prep, we effectively unravel complexities associated with these traumatic events. We strive to ensure our clients find closure by receiving rightful restitution for their sorrowful loss. At Carlson Bier, you aren’t just another case; your grief matters to us deeply as it does you–your fight is our fight! Specializing solely in personal injury law allows us deep knowledge depth and successful track record unparalleled among legal colleagues statewide: we are seasoned lawyers game-ready for tough cases requiring relentless advocacy. For top-tier wrongful death representation that digs below surface level details ensuring no stone left unturned, consider Carlson Bier – uncompromising professional diligence where it matters most!

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About Carlson Bier

Wrongful Death Lawyers in Hurst Illinois

At Carlson Bier, we comprehend the delicate and emotional complexities associated with Wrongful Death cases. Tragically, life can be cut short due to the negligence or misconduct of another party – a harsh reality that leaves deep scars on loved ones left behind. Our dedicated team of personal injury attorneys are not only skilled in navigating through the tricky landscape of Illinois law but also offer empathetic support for grieving families.

Wrongful Death is an area under Personal Injury Law that revolves around instances where someone’s untimely death is attributable to a negligent act by another person or entity. The loss permeates multiple aspects ranging from financial strain to mental anguish and requires compassionate legal representation – this is where our expertise at Carlson Bier shines through.

To begin dealing with these unfortunate circumstances, doubtlessly complex yet vital laws govern how Wrongful Death claims should proceed:

• The first mandatory step involves identifying and proving negligence. If one can demonstrate that the accused party’s oversight directly contributed to your loved one’s passing, it serves as solid footing for your claim.

• Determining proximity between negligence and the actual cause of death is paramount in building a robust case. Negligence must have been an integral part causing wrongful death rather than incidental correlation.

• Lastly, clearly showing that victims’ dependents are suffering monetary hardship resultant from their loss helps quantify damages compensation.

Our staunch advocates at Carlson Bier understand that nothing can compensate for losing a cherished presence. Despite this grim reality, pursuing justice provides closure and curbs financial instability ensuing from unplanned losses. To better help you understand how our team handles such sensitive situations, here are critical roles we play:

• Providing Comprehensive Legal Advice: Offering insights into every legal maneuver involved in presenting your claim comprehensively.

• Thorough Case Investigation: Gathering requisite evidence which unequivocally proves contributory negligence was instrumental in causing wrongful death.

• Clarity on Compensation Expectations: Generally include lost benefits, future earnings, medical costs, and potential punitive damages for gross negligence occurrences.

• Litigation: Representing your interests aggressively in court if your claim cannot be settled amicably outside of traditional legal avenues.

Our firm at Carlson Bier takes pride in our ability to handle each case with the expertise required to effectively bring about justice. We maintain an unwavering commitment to shouldering burdensome legal tasks, so you can focus on what truly matters – healing as a family during this challenging time.

Let us guide you through these turbulent waters by extending superior legal assistance focused on obtaining the best possible outcome for your case. By understanding key factors unique to Wrongful Death cases, we strive not only to meet but exceed expectations drastically.

Our primary goal encircles lightening your load by facilitating effective legal aid rooted in integrity and empathy. Taking advantage of our wealth of knowledge in Illinois law ensures that those responsible are held accountable while ensuring you receive due compensation for the tragic mishap thrust upon you.

Trust us when we say; you need not carry this immense burden all by yourself – allow the dedicated personal injury attorneys at Carlson Bier to join forces with you during this most trying period.

In conclusion, remember that choosing a competent law firm is integral to successfully navigate through complex wrongful death claims dealings. With Carlton Bier handling your wrongful death case, rest assured that we’re committed beyond measure towards ensuring fair recompense synonymous with the hardships encountered due their loved one’s wrongful passing. Consultation awaits at no charge – click below to ascertain what your case might be worth confidently knowing compassionate yet aggressive legal recourse forms part of what’s offered here at Carison Bier Personal Injury Attorney Group.

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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 Hurst

Areas of Practice in Hurst

Bike Crashes

Expert in legal assistance for people injured in bicycle accidents due to others's lack of care or dangerous conditions.

Flame Traumas

Extending adept legal advice for individuals of grave burn injuries caused by incidents or negligence.

Hospital Malpractice

Extending dedicated legal assistance for clients affected by hospital malpractice, including wrong treatment.

Products Obligation

Handling cases involving dangerous products, extending expert legal help to individuals affected by product malfunctions.

Geriatric Abuse

Protecting the rights of aged individuals who have been subjected to misconduct in care facilities environments, ensuring compensation.

Trip & Tumble Injuries

Adept in handling tumble accident cases, providing legal representation to persons seeking restitution for their harm.

Neonatal Harms

Delivering legal guidance for households affected by medical incompetence resulting in childbirth injuries.

Motor Crashes

Accidents: Focused on aiding victims of car accidents gain equitable compensation for wounds and destruction.

Motorbike Crashes

Focused on providing legal advice for bikers involved in scooter accidents, ensuring adequate recompense for damages.

Semi Mishap

Delivering adept legal assistance for drivers involved in lorry accidents, focusing on securing rightful claims for harms.

Construction Collisions

Engaged in supporting workmen or bystanders injured in construction site accidents due to safety violations or negligence.

Head Harms

Committed to extending expert legal services for patients suffering from neurological injuries due to accidents.

K9 Assault Wounds

Adept at handling cases for victims who have suffered wounds from canine attacks or animal assaults.

Foot-traveler Accidents

Committed to legal support for joggers involved in accidents, providing professional services for recovering compensation.

Unjust Passing

Working for loved ones affected by a wrongful death, offering caring and skilled legal assistance to ensure restitution.

Vertebral Injury

Specializing in advocating for victims with vertebral damage, offering specialized legal guidance 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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