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Wrongful Death Attorney in Kenwood

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About Carlson Bier Associates

When tragedy strikes and you’re faced with a devastating wrongful death case in the Kenwood area, Carlson Bier is the superior choice for steadfast legal representation. Our seasoned attorneys are uncompromising advocates for justice who understand the depth of pain caused by such profound loss. Through their unmatched expertise in Illinois tort laws, they’ll guide you delicately through every step of your strenuous journey seeking restitution. Steeped in personal injury law knowledge, we meticulously build compelling cases to help families secure financial compensation capable of addressing funeral expenses, lost earnings, incurred debts and more importantly emotional duress attributable to untimely demise. As champions against negligence or intentional acts inflicting fatal harm on loved ones, our commitment to pursuing rightful justice is unwaveringly robust. We lead with empathy at Carlson Bier – understanding that while no amount can replace lost life – it can precipitate closure alongside financial stability amidst turmoil brought about by unimaginable grief witnessed under such morbid circumstances.

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About Carlson Bier

Wrongful Death Lawyers in Kenwood Illinois

At Carlson Bier, we understand that any loss is heartbreaking, but losing a loved one due to someone else’s negligence is incredibly devastating. Your mind may be flooded with unanswered questions and a profound sense of injustice. As experienced wrongful death attorneys in Illinois, we aim to guide you through this arduous journey towards claim and closure.

Wrongful death refers to the untimely demise of an individual as a direct result of another party’s negligence or wrongdoing. In such cases, the law provides solace by allowing surviving family members to file for wrongful death claims. It aims at compensating families for their emotional distress and financial loses affiliated with their loved one’s unjust passing away.

• It could arise from varying situations including car accidents caused by reckless drivers, construction site mishaps as well as medical malpractice.

• Those eligible to file the claim can include spouses, parents (for deceased minors), and children (of deceased parents).

• Damages claimed can encompass not just funeral expenses but also loss of companionship/love/support provided by the decedent.

Navigating legal recourse amidst grief can seem overwhelming; this is where our team steps in. At Carlson Bier, we delicately handle these matters on behalf of our clients and work relentlessly to ensure justice prevails.

Every case has its unique complexities involving statutes of limitations – time frames within which legal action must commence; specifics about who may bring forth a suit; what types of damages are recoverable etc., therefore it becomes essential to ally with proficient lawyers like us who have combed through numerous local laws relating to wrongful deaths over years.

Here are some key factors taken into account while assessing your potential compensation:

• The earning capacity of the deceased person – both present value and projected future income

• Losses incurred – These could range from medical expenses leading up to the event till funeral costs postevent.

• Pain suffered – Emotional trauma endured by surviving kin has substantial bearing on the claim.

• The remaining life expectancy at the time of death.

At Carlson Bier, we bring our unique blend of compassion, expertise and determination to wrongful death cases ensuring that every aspect is meticulously examined. Our empathetic approach eases you through this already strenuous process without added stress of coping with judicial intricacies.

Now that you understand more about Wrongful Death Laws in Illinois, perhaps it’s time to take the next stride towards justice. Seeking rightful compensation will not bring your loved one back but may alleviate financial burdens accompanying such a catastrophe and garner closure by holding responsible parties accountable. By clicking the button below, allow us guide you into understanding how much your case is worth. Proceed towards finding an answer to that gnawing question – what is due against your irreplaceable loss? Rest assured as we strive towards safeguarding your rights – Carlson Bier serves justice where it’s due.

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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 Kenwood

Areas of Practice in Kenwood

Bike Mishaps

Specializing in legal advocacy for people injured in bicycle accidents due to others' indifference or hazardous conditions.

Thermal Traumas

Extending expert legal support for sufferers of severe burn injuries caused by mishaps or recklessness.

Hospital Incompetence

Delivering expert legal representation for clients affected by medical malpractice, including misdiagnosis.

Merchandise Accountability

Taking on cases involving unsafe products, supplying adept legal assistance to victims affected by harmful products.

Elder Mistreatment

Representing the rights of the elderly who have been subjected to malpractice in senior centers environments, ensuring compensation.

Trip & Fall Incidents

Adept in managing fall and trip accident cases, providing legal assistance to victims seeking restitution for their suffering.

Childbirth Injuries

Delivering legal help for households affected by medical malpractice resulting in birth injuries.

Vehicle Incidents

Accidents: Concentrated on supporting patients of car accidents gain appropriate compensation for hurts and losses.

Two-Wheeler Accidents

Focused on providing legal services for riders involved in bike accidents, ensuring adequate recompense for damages.

18-Wheeler Crash

Offering experienced legal support for drivers involved in semi accidents, focusing on securing fair settlement for injuries.

Construction Incidents

Concentrated on assisting workmen or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Head Traumas

Specializing in providing professional legal support for persons suffering from neurological injuries due to carelessness.

Dog Bite Traumas

Proficient in tackling cases for individuals who have suffered damages from canine attacks or beast attacks.

Cross-walker Crashes

Expert in legal advocacy for foot-travelers involved in accidents, providing comprehensive support for recovering restitution.

Unjust Death

Striving for relatives affected by a wrongful death, offering compassionate and expert legal services to ensure fairness.

Vertebral Injury

Dedicated to assisting patients with spinal cord injuries, offering dedicated legal services 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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