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Wrongful Death Attorney in Hyde Park

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About Carlson Bier Associates

When faced with the life-altering event of losing a loved one due to wrongful death, it’s crucial to have strong legal representation. Carlson Bier dedicates its expertise solely into such matters in Illinois, providing thorough counsel and decisive action. Known for their relentless pursuit of justice, they are highly skilled at securing compensation for lost wages, medical expenses and emotional distress caused by these tragic events. Their approach builds upon rigorous investigation skills and resolute negotiation talents in representing clients dealing with wrongful death cases. The lawyers understand that no amount can make up for your loss but seek to lighten some burden from your shoulders by ensuring fair treatment from insurance companies or corporate entities responsible for the tragedy inflicted on you; thus making Carlson Bier an ideal candidate when seeking legal advice in this field irrespective of your location within Illinois.In Hyde Park or beyond -your grieving process should not be compounded by financial hardships resulting from negligence.Carlson Bier epitomizes integrity while battling tirelessly against any entity contributing towards wrongful deaths.A respected choice indeed.

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About Carlson Bier

Wrongful Death Lawyers in Hyde Park Illinois

Pursuing justice after a loved one’s untimely passing can feel impossible. At Carlson Bier, we understand the emotional toll wrongful death cases carry and strive to provide compassionate, expert legal guidance for families navigating these challenging situations throughout Illinois. As passionate advocates versed in personal injury law, our seasoned attorneys work tirelessly to illuminate your path towards rightful compensation.

Wrongful death occurs when someone dies due to negligence, recklessness or intentional harm from another party. This includes a myriad of situations, such as car accidents caused by intoxicated drivers, medical malpractice resulting in lethal complications, workplace accidents where safety protocols were not upheld and deaths linked with defective products.

For a case to be considered wrongful death under Illinois law:

– The death must have been caused by another person’s wrongful act, neglect or default.

– Had the decedent survived the incident, they would have been able to file a personal injury claim.

– There must exist surviving beneficiaries or dependents who have suffered damages as a result of the decedent’s death.

Moreover, it is crucial to note that only certain family members are allowed to lodge a wrongful death lawsuit in Illinois; primarily spouses and children. However, parents can file if their child was unmarried at the time of their demise.

When filing a successful wrongful death claim in Illinois following key points should be noted:

– Collecting Evidence: Achieving resolution requires substantial evidence illustrating that defendant’s actions directly resulted in the deceased’s discard.

– Statute Of Limitations: Wrongful death laws decree you typically have two years from the date of the decedent’s passing or discovery of cause—whichever comes later—to file your case. Delays permitting this term may risk dismissal without merit review.

– Compensation Sought: Clients often pursue various damages including but not limited to pain and suffering inflicted upon deceased prior passing; loss of monetary income contributions; funeral expenses; grief therapy costs for surviving kin. It’s paramount to consult legal counsel familiar with Illinois jurisdiction nuances due to variances in potential compensatory amounts depending on circumstances surrounding each unique case.

At Carlson Bier, we believe each client is more than just a case number, and we’re committed to understanding your unique circumstances while providing you the space to grieve. Our comprehensive approach allows us to handle all aspects of your lawsuit so that you can focus on healing.

Our well-rounded knowledge equips us not only in covering every possible angle but also ensuring that clients have an intricate understanding of the legal journey ahead. We pride ourselves in uncompromising diligence and persistent pursuit of justice, taking your battle as our own until rightful restitution is secured based on Illinois law.

Consulting knowledgeable wrongful death attorneys like those at Carlson Bier could mean the difference between getting token compensation or full indemnification for your loved one’s untimely passing. No amount can ever truly compensate for such a profound loss. However, financial recovery assists in bearing associated costs and helping families recoup stability in their lives after tragedy.

Carlson Bier offers free consultation where together we discern strength of potential litigation paths before proceeding. The first step towards reclaiming control amidst tumultuous times starts here—understanding options under applicable laws without expending unnecessary emotional energy or finances alone.

In our unwavering commitment towards justice within personal injury cases, let us walk this path with you—for discovery obligations, pre-trial negotiations, court proceedings and settlement discussions are challenging when approached single-handedly. Feel free to gauge potential steps specific to your case through exploring valuable resources within our website.

Taking that next step may feel intimidating—but remember there’s no obligation attached here beyond mutual exploration towards optimum solutions fitting individual requirements best as per Illinois state regulations.

We invite you now — click the button below; learn how much compensation your particular case might warrant navigating these difficult times all whilst tampering unavoidable complexities. Trust Carlson Bier— where justice is personal and compassionate commitment undisputed.

Find Out How Much Your Case is Worth
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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 Hyde Park

Areas of Practice in Hyde Park

Two-Wheeler Mishaps

Focused on legal support for people injured in bicycle accidents due to other parties' lack of care or unsafe conditions.

Thermal Traumas

Extending professional legal assistance for sufferers of serious burn injuries caused by mishaps or recklessness.

Medical Incompetence

Extending experienced legal advice for patients affected by physician malpractice, including surgical errors.

Commodities Accountability

Dealing with cases involving defective products, delivering professional legal help to individuals affected by defective items.

Geriatric Malpractice

Advocating for the rights of nursing home residents who have been subjected to neglect in senior centers environments, ensuring restitution.

Slip and Fall Accidents

Professional in handling trip accident cases, providing legal services to sufferers seeking redress for their harm.

Newborn Traumas

Supplying legal guidance for loved ones affected by medical malpractice resulting in birth injuries.

Vehicle Mishaps

Mishaps: Dedicated to supporting victims of car accidents obtain equitable recompense for damages and harm.

Scooter Mishaps

Specializing in providing legal assistance for bikers involved in two-wheeler accidents, ensuring adequate recompense for damages.

Truck Incident

Delivering specialist legal services for victims involved in big rig accidents, focusing on securing rightful recovery for damages.

Construction Site Accidents

Dedicated to representing workmen or bystanders injured in construction site accidents due to safety violations or recklessness.

Cerebral Harms

Focused on providing compassionate legal advice for persons suffering from head injuries due to incidents.

Canine Attack Wounds

Skilled in addressing cases for clients who have suffered traumas from dog bites or beast attacks.

Foot-traveler Incidents

Dedicated to legal services for cross-walkers involved in accidents, providing expert advice for recovering damages.

Wrongful Fatality

Fighting for grieving parties affected by a wrongful death, providing understanding and skilled legal guidance to ensure justice.

Neural Impairment

Committed to representing victims with paralysis, offering expert legal support to secure justice.

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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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