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Wrongful Death Attorney in Johnsburg

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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

For those seeking justice in a wrongful death suit, Carlson Bier is an unparalleled choice for trusted expertise and profound dedication. Renowned throughout the state of Illinois, our attorney group upholds an exceptional reputation when handling these pain-staking cases. A single wrong move could derail your quest for justice; that’s why it is crucial to rely on top-tier legal representation like ours at Carlson Bier. We pride ourselves on comprehensive knowledge and diligent work ethics while advocating fiercely for our clients’ rights and interests in such tragic times. In the tangled web of wrongful death lawsuits, no one should feel lost or unsupported — we offer total commitment so you can focus on healing while we pursue rightful compensation doggedly. Our unwavering client support forms part of the bedrock upon which successful resolutions are secure, fostering trust through complete transparency every step of the journey towards closure and reparation. When seeking champions who will fight relentlessly within the sphere of wrongful death cases – look no further than us at Carlson Bier; because meaningful results matter.

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About Carlson Bier

Wrongful Death Lawyers in Johnsburg Illinois

At Carlson Bier, we understand the profound emotional and financial toll that results from a wrongful death. As an established personal injury attorney group based in Illinois, one of our specializations is in assisting clients through this challenging situation with compassion, professionalism, and sound legal counsel. Wrongful death takes place when an individual loses their life due to another party’s negligence or intentional wrongdoing. It is a heartbreaking scenario that demands justice – something we passionately strive for at your service.

To understand what defines a wrongful death lawsuit, there are specific elements: Firstly, someone must have passed away; secondly, this death was caused by another person’s wrongful act—whether intentional or negligent; thirdly, surviving family members who are suffering financially as a result; finally, there needs to be proof that the deceased would have pursued the lawsuit if they had survived.

In cases falling under wrongful deaths scope such as car accidents, medical malpractice or workplace accidents — proving negligence can be complex but crucial nonetheless. For instance,

• In vehicular accidents, proof of reckless driving like speeding or texting could determine responsibility.

• In medical malpractice cases demonstrating that professionals departed significantly from accepted practices becomes vital.

• For work-related incidents showing employer’s failure in compliance with safety regulations holds weight.

At Carlson Bier, our well-versed attorneys delve deep into each case to analyze all possible fault lines and establish compelling evidence where required – helping you achieve justice on behalf of your lost loved ones.

While no amount of compensation can replace the loss suffered by loved ones’ untimely demise – it plays an essential part in easing some substantial financial burdens left behind. Compensation can cover:

• Medical bills incurred before decedents passing

• Funeral expenses

• Lost future earnings potential

• Pain and suffering experienced prior to death

• Loss of companionship

Please remember each case has its unique context contributing to differing compensation amounts. Conducting thorough research, examining witnesses if any — Carlson Bier tailors legal strategies suiting each scenario to maximize possible settlements for our clients.

Knowing the complexity of Illinois’s wrongful death laws and constraints time can impose on filing such a lawsuit — retaining professional legal support becomes paramount. It allows afflicted families the space to grieve their loss while competent attorneys like us carry out comprehensive investigations to identify liable parties and weave compelling case narratives.

At Carlson Bier, we understand this is an extremely personal, emotional process which is why we work on a contingency fee basis – meaning you don’t pay unless compensation materializes for your lawsuit. And throughout our involvement, we ensure regular communication keeping you updated about the developments and understanding or addressing concerns that might surface.

Injustice inflicted on you should be rectified rightfully – especially in situations as grave as losing someone close because of someone else’s mistake. Let Carlson Bier shoulder some burdens when life reveals its toughest face. Click on the button below now; allow us to evaluate your case conscientiously – helping you determine how much it could potentially be 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 Johnsburg

Areas of Practice in Johnsburg

Cycling Incidents

Expert in legal assistance for victims injured in bicycle accidents due to negligent parties' recklessness or hazardous conditions.

Scald Traumas

Providing professional legal advice for victims of major burn injuries caused by events or carelessness.

Healthcare Negligence

Delivering expert legal services for persons affected by physician malpractice, including wrong treatment.

Items Liability

Dealing with cases involving defective products, supplying adept legal support to clients affected by product-related injuries.

Nursing Home Neglect

Defending the rights of aged individuals who have been subjected to malpractice in aged care environments, ensuring fairness.

Tumble & Tumble Mishaps

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

Infant Traumas

Supplying legal assistance for loved ones affected by medical misconduct resulting in infant injuries.

Car Collisions

Accidents: Concentrated on supporting sufferers of car accidents obtain reasonable recompense for hurts and impairment.

Motorbike Mishaps

Focused on providing legal assistance for bikers involved in bike accidents, ensuring justice for harm.

18-Wheeler Collision

Ensuring adept legal services for individuals involved in big rig accidents, focusing on securing rightful compensation for damages.

Building Incidents

Engaged in advocating for laborers or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Cognitive Harms

Focused on ensuring dedicated legal services for clients suffering from cerebral injuries due to carelessness.

K9 Assault Harms

Expertise in dealing with cases for victims who have suffered damages from canine attacks or wildlife encounters.

Pedestrian Accidents

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

Unfair Passing

Fighting for grieving parties affected by a wrongful death, supplying caring and experienced legal guidance to ensure fairness.

Spine Impairment

Committed to supporting clients with backbone trauma, offering specialized legal services 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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