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Wrongful Death Attorney in Kansas

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Coping with the loss of a loved one due to unexpected circumstances can be overwhelmingly distressing. In such times, it’s crucial to secure reliable legal representation that pursues justice unwaveringly. For cases involving wrongful death, Carlson Bier is your indispensable legal ally. Our team of skilled and experienced attorneys understands the intricacies involved in wrongful-death related suits– from establishing negligence or wrongdoing to determining and quantifying damages rightly deserved by grieving loved ones. Renowned for our professionalism and commitment towards our clients, we ensure we navigate you through these complex legal proceedings putting humanity first because we understand how personal this fight is for you. Engaging Carlson Bier promises strategic positioning for your case based on thorough investigations while tailor-making solutions best suited for achieving desired outcomes seamlessly within Kansas jurisdictions.Your peace of mind underpins every decision we make as your counsel at Carlson Bier; where expertise meets empathy in ensuring fair compensation in wrongful death claims prevails.Experience unparalleled dedication coupled with robust advocacy—experience the dominance of winning well-fought battles—experience what sets us apart at Carlson Bier.

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About Carlson Bier

Wrongful Death Lawyers in Kansas Illinois

Carlson Bier is a distinguished law firm with expertise in personal injury cases throughout the state of Illinois. Our team of highly experienced lawyers guide victims and their families to obtain just compensation for wrongful deaths resulting from negligence or misconduct of others. Experienced, proactive and committed – these words define our attorneys who provide personalized legal advice and assistance.

Wrongful death becomes an indispensable legal term when a person’s deviation from responsible behavior leads directly to another individual’s demise. Under these circumstances, relatives are entitled to demand compensation for the emotional pain induced due to the loss of loved ones. At Carlson Bier, we understand how such devastating events can change your life forever and seek justice on behalf of bereaved families against parties guilty of carelessness or intentional harm.

Key factors in wrongful death claims include proving negligence directly caused the victim’s death, demonstrating financial losses suffered by surviving members, presenting evidence that survivors sustained mental anguish after losing their dear one. Another critical factor is establishing a definite value for damages claimed – all monies must reflect factual losses as speculative demands may weaken case legitimacy.

• Verifiable proof that negligent action resulted in death

• Identification and quantification of financial burdens incurred by survivors

• Manifestation of mental distress suffered by family members following their loss

• An accurate estimation reflecting actual losses rather than conjectural amounts

We step into this challenging situation armed not merely with legal knowledge but deep empathy too. Our process begins with comprehending every detail about your tragic incident so we can develop a winning strategy promoting your best interests. We help gather requisite proofs ranging from hospital bills, funeral expenses records, income statements indicating lost wages leading up to impactful testimonies highlighting immeasurable mental trauma.

Creating strong arguments based on meticulous preparation involves increased chances for successful settlement negotiations before resorting to trial scenarios. If necessary though at Carlson Bier we possess adequate resources engineered towards insightful litigation processes encompassing expert witness consultations besides cross-examinations designed to fracture opponent’s defenses.

Wrongful death claims also observe specified statute of limitations – a legally defined period within which action must commence. In Illinois, these claims need filing within two years from death date. This deadline may also get influenced by aspects like the victim’s age or nature of defect causing demise. Failure in adhering to this precept leads to potential dismissal regardless of merits your claim embodies – another crucial reason advocating immediate consultation with seasoned attorneys promptly after such heart-wrenching circumstances.

Remember! Carlson Bier is not just another personal injury law firm; we are custodians of justice for those who have been unjustly wronged and forced into grief prematurely due their loved one becoming a hapless victim of someone else’s recklessness. Your suffering is real, your loss irreplaceable but alongside understanding comes our unwavering pursuit towards holding careless parties accountable and procuring deserved compensation alleviating some financial burdens off your shoulders as you navigate through dark times rekindling flickers of hope.

Now that you understand how integral professional assistance can be while dealing with wrongful death cases in Illinois, take constructive measures resting upon learned insights offered above align them with legal prowess embodied by our proficient lawyers at Carlson Bier instrumental in transforming adversity into rightful justice reclaiming control over subsequent life chapters proceeding unfortunate decisions made by others ending precious lives involuntarily snuffed out too soon.

We warmly invite readers seeking informed representation or advice regarding wrongful death claims to explore further details below about legal services provided at Carlson Bier assisting scores seeking light amid despair clasping rejection gradients directed at indifference producing negligent fatalities. Click the button underneath to discover value your case constitutes serving towards strengthened resilience recovering fully both financially and emotionally after an unspeakable calamity imposed unknowingly on blameless individuals striving for restored sanity amid chaotic confusion collapsed under duress ensuing tragically avoidable deaths.

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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 Kansas

Areas of Practice in Kansas

Bike Collisions

Proficient in legal services for persons injured in bicycle accidents due to other parties' lack of care or dangerous conditions.

Burn Damages

Extending specialist legal support for individuals of severe burn injuries caused by events or carelessness.

Healthcare Carelessness

Offering expert legal advice for individuals affected by medical malpractice, including medication mistakes.

Products Liability

Dealing with cases involving faulty products, supplying skilled legal help to customers affected by harmful products.

Aged Neglect

Advocating for the rights of elders who have been subjected to abuse in senior centers environments, ensuring justice.

Tumble and Trip Injuries

Adept in dealing with trip accident cases, providing legal support to clients seeking recovery for their injuries.

Infant Wounds

Supplying legal help for families affected by medical misconduct resulting in childbirth injuries.

Automobile Collisions

Crashes: Focused on helping clients of car accidents secure just payout for hurts and destruction.

Motorcycle Mishaps

Expert in providing legal support for individuals involved in two-wheeler accidents, ensuring fair compensation for traumas.

Semi Incident

Offering professional legal assistance for persons involved in lorry accidents, focusing on securing just compensation for injuries.

Construction Site Accidents

Committed to representing laborers or bystanders injured in construction site accidents due to oversights or carelessness.

Cerebral Injuries

Specializing in offering professional legal services for patients suffering from cognitive injuries due to incidents.

Canine Attack Injuries

Expertise in managing cases for individuals who have suffered damages from puppy bites or wildlife encounters.

Jogger Crashes

Specializing in legal advocacy for walkers involved in accidents, providing professional services for recovering recovery.

Unwarranted Demise

Working for families affected by a wrongful death, offering caring and adept legal representation to ensure compensation.

Neural Injury

Committed to defending individuals with paralysis, offering professional legal assistance to secure compensation.

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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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