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Wrongful Death Attorney in Jacksonville

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

At Carlson Bier, we specialize in advocating for families who have experienced the profound loss of a loved one through a wrongful death incident. While our hearts are with you during this tumultuous period, our objective is to offer efficient legal representation by distilling your grievance into its purist legal form and achieving justice for your dear departed. We’re fully equipped to handle these intricate cases with an immeasurable level of expertise stemming from years-long experience dealing specifically with Wrongful Death claims. As seasoned litigators in Illinois, we appreciate the unique circumstances surrounding each case and strive to tailor strategic responses informed by both client needs and judicious rules governing such suits. Serving clients nationwide including Jacksonville, Carlson Bier guarantees premium legal counsel that adeptly positions you towards reclaiming peace amidst tragedy’s aftermath through rightful compensation secured under law; because we understand it’s not just about recompense but also closure. Choose Carlson Bier- Your advocate when tragedy strikes; rendering personal attention while championing restitution grounded on truth.

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About Carlson Bier

Wrongful Death Lawyers in Jacksonville Illinois

At Carlson Bier, we understand the gravity and complexities that surround wrongful death claims. As an Illinois-based personal injury law group, we pride ourselves on our distinctive abilities to adeptly guide grieving families through this intricate legal journey.

Wrongful death essentially refers to a situation in which someone dies as a result of another person’s negligence or omission. This type of claim involves important elements like duty of care, breach of duty of care, causation, and damages. To better understand these terms:

• Duty Of Care: The defendant (the person being accused) had a responsibility to ensure the safety or well-being of the deceased.

• Breach Of Duty Of Care: The defendant didn’t uphold their responsibility.

• Causation: It must be proved beyond reasonable doubt that the breach led directly to the death.

• Damages: There were significant losses endured due to this event.

Each case varies in its specifics which is why tailored representation by experienced attorneys like those at Carlson Bier becomes crucial. We approach every case with thorough research and strategy in mind while empathetically standing with the family during this difficult time.

The parties eligible for filing a lawsuit are usually immediate family members – parents, spouses, children but it can also include anyone who was financially dependent on deceased such as cohabitees or civil partners. These laws follow closely from one state to another so if you’re based in Illinois; your claim should be filed there only.

A striking aspect about wrongful death claim is that they offer financial compensation for both economic and non-economic damages. Economic damages cover tangible costs like lost wage potential (of deceased), medical expenses incurred whereas non-economic damage covers intangible sufferings like mental anguish and loss of companionship.

Our role at Carlson Bier goes far beyond mere courtroom representations; we act as counsellors helping you navigate through medical bills negotiation, estate planning and even grief counselling service referrals while understanding individual needs.

Keep in mind that there is a statute of limitations on wrongful death claims which generally demands to bring forth a claim within two years from date of demise. This time frame can vary depending upon specific circumstances, thus it is crucial for potential plaintiffs to consult law professionals sooner than later.

If you’re wondering about attorney charges- most personal injury attorneys work on contingency fee basis which means you pay us only when we successfully get you your deserved compensation. No upfront hefty costs to worry about!

It’s not just about the legalities at Carlson Bier; it’s more about getting justice for your loved one and helping you find some level of closure after an unthinkable event. We provide concerted effort every step of the way ensuring nothing slips through the cracks; our strategic planning, relentless pursuit for truth combined with empathy sets us apart in the realm of wrongful death litigation.

We welcome and encourage anyone dealing with such unfortunate circumstances to reach out to us. We understand moving forward might seem unfathomable right now and while no amount of money can ever compensate life lost, justice held will set precedence safeguarding others from similar misfortune. Find out today how much your case could potentially be worth by clicking the button below – Start your journey towards justice with us at Carlson Bier.

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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 Jacksonville

Areas of Practice in Jacksonville

Cycling Mishaps

Focused on legal representation for persons injured in bicycle accidents due to others's negligence or unsafe conditions.

Thermal Injuries

Providing specialist legal help for sufferers of major burn injuries caused by mishaps or misconduct.

Hospital Negligence

Delivering dedicated legal advice for patients affected by medical malpractice, including negligent care.

Items Responsibility

Handling cases involving unsafe products, providing adept legal guidance to customers affected by faulty goods.

Nursing Home Malpractice

Defending the rights of elders who have been subjected to neglect in senior centers environments, ensuring compensation.

Slip & Stumble Accidents

Expert in managing fall and trip accident cases, providing legal support to clients seeking recovery for their losses.

Neonatal Injuries

Delivering legal support for kin affected by medical carelessness resulting in birth injuries.

Vehicle Crashes

Collisions: Concentrated on aiding clients of car accidents secure fair compensation for wounds and destruction.

Two-Wheeler Incidents

Focused on providing legal services for victims involved in bike accidents, ensuring fair compensation for injuries.

Big Rig Accident

Providing experienced legal assistance for clients involved in semi accidents, focusing on securing rightful recovery for hurts.

Construction Accidents

Dedicated to defending workers or bystanders injured in construction site accidents due to recklessness or misconduct.

Brain Damages

Committed to offering expert legal assistance for victims suffering from cerebral injuries due to carelessness.

Canine Attack Traumas

Skilled in tackling cases for victims who have suffered damages from puppy bites or creature assaults.

Jogger Incidents

Specializing in legal services for cross-walkers involved in accidents, providing professional services for recovering compensation.

Undeserved Demise

Advocating for families affected by a wrongful death, providing caring and expert legal guidance to ensure restitution.

Neural Injury

Specializing in advocating for individuals with paralysis, offering specialized legal representation to secure settlement.

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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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