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Wrongful Death Attorney in Kirkland

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Faced with a wrongful death situation in Kirkland? The emotional distress can be debilitating, making it hard for you to deal with the legal implications. Carlson Bier – a proficient justice provider in such complex cases – is ready to stand by your side as your steadfast legal counsel. Our prowess lies not just within our deep understanding of Illinois’ Wrongful Death law but also in our steadfast commitment towards seeking truth and justice. We fiercely champion for those bereaved families who’ve unjustly lost their loved ones, thereby remaining at the forefront of personal injury law firms servicing Kirkland citizens. From handling negotiations or settlements outside courtrooms to unyielding representations during trials, we ensure no stone remains unturned till much-deserved restitution is secured. So why consider Carlson Bier? Decades of experience and empathy combined enable us to navigate the turbulent waters often associated with wrongful death cases, providing unwavering support at every stage of these challenging proceedings.

Remember: when tragedy strikes close to home in Kirkland, turn towards Carlson Bier for exemplary legal guidance through difficult times.

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About Carlson Bier

Wrongful Death Lawyers in Kirkland Illinois

At Carlson Bier, we strive to provide compassionate representation and comprehensive legal services for victims in wrongful death cases. Wrongful death is a term that encompasses instances where an individual’s fatality results from another party’s negligence or intentional harmful acts. Our experienced Illinois-based attorney group vigilantly represents and supports families who have lost a loved one due to such unfortunate circumstances.

Understanding the element of ‘wrongful’ in wrongful death is crucial. To this end, it implies violation of a duty of care by another individual or entity which leads to someone’s demise. Wrongful acts can sadly occur across several scenarios:

• Automobile accidents precipitated by impaired, reckless, or distracted drivers

• Slip and fall injuries caused by premises left unsafe by negligent owners

• Medical malpractice where healthcare providers fail to deliver standard care

• Fatalities associated with defective products lacking appropriate consumer warnings

Wrongful death claims are bound by specific rules and procedures that vary depending on the jurisdiction they’re filed within. For Illinois specifically, wrongful death standards are defined under the state’s Wrongful Death Act. Several elements must generally coincide for a successful claim:

• The passing of a person: Providing documented medical records showing deaths attributed directly or indirectly towards harmful actions.

• Negligence: Establishing proof that another party acted negligently, consequently leading to fatalities.

• Surviving beneficiaries: Confirming existing immediate family members like children, spouses who’ve suffered emotionally and financially post such incidents.

• Appointment of personal representative: An authorized representative appointed for deceased individuals’ estate to initiate legal proceedings.

Obtaining rightful compensation in wrongful death suits necessitates skilled attorneys who comprehend these diverse aspects effectively. At Carlson Bier, we commit to relentlessly advocating on behalf of our clients towards securing maximum relief possible.

Accompanying intangible losses often cloud the quantifiable monetary impact resulting from wrongful deaths. Some potential damages covered under Wrongful Death Act include:

• Funeral & burial costs: Includes expenses incurred over ceremonies, burial proceedings, etc.

• Medical charges related to deceased individual’s final illness or injury

• Pain and suffering endured by the deceased before their demise

• Loss of future earnings that could have been reasonably expected if the individual had lived

• Grief and emotional distress experienced by survivors

Navigating complexities associated with wrongful death allegations can be stressful at an already challenging time. Allow our accomplished team of personal injury attorneys at Carlson Bier alleviate that burden while you focus on healing from your loss.

The depth of pain accompanying losing a loved one in such a manner often makes it impossible for families to think about anything else. At Carlson Bier, we empathize profoundly with the sorrow shrouding folks in these turbulent times. We diligently aim to ensure justice prevails where it should – holding liable parties accountable for wrongful actions precipitating something as irreplaceable as losing a loved one.

Navigating through this legally intricate web surrounding wrongful death within Illinois isn’t a task undertaken lightly. The professional expertise brought forth by Carlton Bier’s committed ensemble permits families circumventing these daunting challenges successfully – aiming towards needed closure.

If your family is grappling with an unimaginable loss due to another party’s negligence, consider clicking on the button below. Give yourself some peace of mind knowing there are experienced professionals on your side who will fight tooth and nail till they’ve squeezed out every cent liable perpetrators owe upon adjudged guilty. Click right now and find what’s deservedly YOUR rightful compensation!

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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 Kirkland

Areas of Practice in Kirkland

Two-Wheeler Incidents

Proficient in legal support for clients injured in bicycle accidents due to others' carelessness or risky conditions.

Fire Damages

Supplying adept legal help for patients of grave burn injuries caused by occurrences or indifference.

Physician Malpractice

Offering specialist legal support for clients affected by hospital malpractice, including medication mistakes.

Goods Fault

Addressing cases involving unsafe products, delivering skilled legal assistance to clients affected by defective items.

Elder Mistreatment

Defending the rights of the elderly who have been subjected to abuse in aged care environments, ensuring restitution.

Slip & Fall Mishaps

Professional in dealing with trip accident cases, providing legal assistance to sufferers seeking redress for their harm.

Birth Harms

Providing legal assistance for households affected by medical misconduct resulting in childbirth injuries.

Motor Accidents

Crashes: Focused on helping individuals of car accidents gain reasonable recompense for wounds and destruction.

Motorbike Crashes

Expert in providing legal services for riders involved in two-wheeler accidents, ensuring adequate recompense for harm.

18-Wheeler Accident

Extending adept legal services for victims involved in big rig accidents, focusing on securing adequate recovery for hurts.

Worksite Accidents

Focused on assisting workmen or bystanders injured in construction site accidents due to carelessness or recklessness.

Head Damages

Specializing in ensuring compassionate legal support for victims suffering from neurological injuries due to misconduct.

Dog Bite Wounds

Proficient in managing cases for individuals who have suffered wounds from puppy bites or beast attacks.

Cross-walker Mishaps

Committed to legal support for foot-travelers involved in accidents, providing dedicated assistance for recovering recovery.

Unwarranted Demise

Advocating for relatives affected by a wrongful death, offering sensitive and skilled legal guidance to ensure justice.

Backbone Trauma

Expert in defending patients with spinal cord injuries, offering expert legal guidance to secure compensation.

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