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Wrongful Death Attorney in Kirkwood

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Facing a wrongful death case in Kirkwood? It can be an overwhelmingly emotional journey, given the complexities of law. That’s why Carlson Bier comes in as your ally – dedicated to preserving justice and helping ease the weight on your shoulders. With significant experience handling these sensitive matters, our team leverages profound knowledge and personal commitment toward benefiting out clients. When choosing legal representation, it’s essential to consider not only vibrant expertise but also compassionate understanding. That defines us: Carlson Bier meets you at this crossroads with both empathy and ammunition for thorough representation during this critical period of grief-turned-action. Our objective is maximizing compensation while minimizing stress: we adopt rigorous pursuits against those involved professionally yet personally empathetic with bereaved families throughout the process; ensuring that every element collaboratively works towards achieving rightful resolution within compliance regulations.

So think no further when considering a knowledgeable Wrongful Death Attorney in Illinois – count on Carlson Bier for results where it counts most!

About Carlson Bier

Wrongful Death Lawyers in Kirkwood Illinois

At Carlson Bier, we understand the profound impact that a wrongful death can have on you and your family. As an esteemed Illinois-based personal injury attorney group, it is our commitment to ensure your rights are protected and justice is served during these challenging times. Wrongful Death refers to a situation where someone’s negligence or misconduct results in another person’s death.

A fundamental fact about wrongful death lawsuits is they’re brought forward by a representative of the victim, often their immediate family members or an executioner of estate – not by the state. It’s important to note that this action differs from criminal cases for homicide or manslaughter which are typically initiated by the government.

Wrongful death may arise from various circumstances such as medical malpractice, automobile accidents, defective products to workplace mishaps among others. Bear in mind that proving negligence plays a critical role in any claim because liability must be formally established. Some key elements that need consideration include:

– Duty – the defendant owed a duty of care to the deceased

– Breach – failure to uphold this duty

– Causation– proof that this breach directly caused the demise

– Damages – evidence should be provided for monetary damage incurred due to death

Once guilt has been proven beyond doubt under Illinois law statutes, compensate awarded tends can account for multiple factors including but not limited to:

– Loss of future earnings: Compensation for the income that deceased would have earned had they lived

– Emotional pain and suffering: Monetary value covering both mental angst suffered by surviving kin and loss of companionship

– Funeral expenses: burial costs associated with deceased’s funeral

We cannot stress enough the importance of hiring experienced legal representation when dealing with complex wrongful death cases due its lengthy process nature and heightened level required expertise needed navigate all legalese involved.

Opting not seek professional help risks losing out suitable compensation moreover prolongs healing period those affected parties necessitated time closure move on. This where Carlson Bier steps in.

Backed by years of experience, we prioritize a proactive approach that involves comprehensive case evaluation and meticulous fact-gathering to bolster your claim’s credibility. Our team is committed to providing unparalleled legal support every step of the way – from preliminary consultations through courtroom representation if need be.

At Carlson Bier, we pride ourselves on working ethically while treating all clients with utmost respect and dignity. As such, it’s important to mention here that though our primary office location is in Illinois, it does not mean we are located in Kirkwood. We strive to maintain transparency with our potential clients concerning our physical locations.

Wrapping up one’s mind around wrongful death cases can be daunting; however, armed with an understanding and backed by competent lawyers at hand the subject becomes more manageable. Indeed employing knowledge might just make difference when navigating life following tragic loss.

We sincerely hope this information instils a sense of clarity as you navigate these tumultuous waters. If you’re still grappling with questions or simply would prefer face-to-face interaction to discuss your specific situation further, then don’t hesitate – ‘click below.’ Our team stands ready to assist you establish how much your claim could potentially be worth and best represent you should proceedings come into play. At Carlson Bier, your peace of mind is paramount – let us guide you towards justice today!

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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 Kirkwood

Areas of Practice in Kirkwood

Pedal Cycle Crashes

Specializing in legal representation for victims injured in bicycle accidents due to other parties' recklessness or dangerous conditions.

Flame Wounds

Offering skilled legal support for patients of serious burn injuries caused by accidents or misconduct.

Healthcare Incompetence

Offering professional legal advice for persons affected by medical malpractice, including medication mistakes.

Products Responsibility

Addressing cases involving dangerous products, extending specialist legal guidance to consumers affected by harmful products.

Geriatric Mistreatment

Defending the rights of nursing home residents who have been subjected to abuse in aged care environments, ensuring compensation.

Slip and Stumble Accidents

Skilled in tackling fall and trip accident cases, providing legal support to sufferers seeking compensation for their injuries.

Childbirth Damages

Extending legal guidance for loved ones affected by medical incompetence resulting in infant injuries.

Car Crashes

Crashes: Focused on aiding sufferers of car accidents gain equitable settlement for injuries and damages.

Two-Wheeler Mishaps

Focused on providing legal support for victims involved in motorbike accidents, ensuring rightful claims for harm.

Truck Incident

Offering expert legal advice for drivers involved in truck accidents, focusing on securing adequate recompense for damages.

Building Incidents

Focused on assisting laborers or bystanders injured in construction site accidents due to oversights or negligence.

Cerebral Harms

Committed to extending expert legal services for individuals suffering from neurological injuries due to accidents.

Canine Attack Traumas

Skilled in managing cases for individuals who have suffered harms from dog bites or beast attacks.

Pedestrian Mishaps

Committed to legal support for foot-travelers involved in accidents, providing comprehensive support for recovering restitution.

Unfair Fatality

Working for grieving parties affected by a wrongful death, providing empathetic and expert legal representation to ensure justice.

Vertebral Injury

Specializing in advocating for individuals with vertebral damage, offering compassionate legal assistance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer