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Wrongful Death Attorney in Lake in the Hills

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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

When dealing with the tragic aftermath of wrongful death, choosing experienced legal representation is paramount. Carlson Bier, an expert law firm specializing in personal injury cases, has a solid track record in providing top-tier legal service to clients across Lake in the Hills and beyond. Our dedicated team understands the depth of your loss and will fiercely advocate for your rights to ensure you receive just compensation. We have unparalleled expertise in navigating Illinois’s complex wrongful death laws; our attorneys work tirelessly on every case using their industry knowledge and legal acuity for the best possible outcome. At Carlson Bier, we believe that accountability matters. That’s why each claim we represent is handled personally by our skilled lawyers who always prioritize your needs. As active advocates within Wrongful Death arena, trust us to stand up against insurance companies or corporates without fear or favoritism—because at Carlson Bier…your justice is our mission!

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About Carlson Bier

Wrongful Death Lawyers in Lake in the Hills Illinois

Welcome to Carlson Bier, a reputable law firm of personal injury attorneys dedicated to achieving justice for the victims of wrongful death cases throughout Illinois. Understanding and navigating a wrongful death claim can be challenging, but you are not alone; our team is here to clarify some vital aspects that might aid in your understanding.

At its core, wrongful death refers to any instance where someone’s negligent actions or inactions lead directly to another person’s untimely demise. It encompasses a wide variety of scenarios, from car accidents, medical malpractice claims or even work-related injuries ending fatally. Each case is unique as it requires individualized assessment regarding causality, damages and liability parties.

In determining whether you have grounds for launching a claim:

• The defendant must have been wholly or partially responsible for the victim’s demise;

• There should’ve been quantifiable monetary losses resulting directly from this premature departure;

• Proof of negligence demonstrated by failure in duty-of-care towards the deceased needs to be provided.

It’s crucial to remember that only specific persons can file a wrongful death claim: usually surviving spouses, children or parents. However, laws pertaining this are complex and multifaceted – necessitating guidance through layers of legal jargon which our seasoned attorneys at Carlson Bier are equipped to provide.

While no amount can ever truly compensate for the loss of life suffered by loved ones left behind; restitution via wrongfully-death settlements often cover:

• Economic contributions lost due the natural life expectancy cut short;

• Grief borne by relatives – termed non-economic damages;

• Punitive damages if eventuation happened via dangerous behaviors namely drunk driving;

Every situation has unique elements involving substantial evaluation along intricate nuances affecting overall compensation structure. For maximum chances at receiving justices that align closest with interests held by surviving family members consider engaging expertise availed by Carlson Bier with proficiency across various types involving divergent approaches congruent within Illinois Law boundary constraints (time limits set on filing suits).

In addition to expertise, Carlson Bier is committed to providing empathetic legal assistance. We understand the emotional toll wrongful death claims can have on the entire family, not just from a financial perspective, but also in terms of dealing with loss and grief.

Navigating the choppy seas of wrongful death litigation doesn’t have to be an ordeal you face alone – our Compassionate team at Carlson Bier serving all over Illinois will stand by your side every step of the way. From initial consultations to unmatched representation in court sessions or negotiation proceedings with insurance companies.

Our commitment is to help families move forward after such harrowing experiences by successfully shouldering responsibilities associated with battling prosecuting firms thereby allowing focus retention towards healing via closure achieved from due compensation receipts.

Now that we’ve walked you through some fundamental aspects of understanding a wrongful death claim under Illinois law, you may want more bespoke information relating to your own unique circumstances and situation. By clicking on the button below, you can receive instant assessment regarding potential case worth based on pertaining facts curated specifically for now awaiting your input. Your path towards justice starts here with Carlson Bier. We urge you not wait longer; ascertain what rightfully belongs within reach while supported seamlessly by seasoned experts passionate about making differences felt throughout communities inhabiting wonderful state of Illinois.

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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 Lake in the Hills

Areas of Practice in Lake in the Hills

Bicycle Crashes

Focused on legal assistance for people injured in bicycle accidents due to other parties' carelessness or dangerous conditions.

Scald Wounds

Extending specialist legal advice for victims of intense burn injuries caused by accidents or misconduct.

Hospital Malpractice

Delivering specialist legal representation for victims affected by physician malpractice, including surgical errors.

Items Responsibility

Dealing with cases involving defective products, delivering professional legal guidance to consumers affected by defective items.

Geriatric Mistreatment

Representing the rights of aged individuals who have been subjected to abuse in senior centers environments, ensuring restitution.

Stumble & Fall Incidents

Expert in tackling slip and fall accident cases, providing legal representation to individuals seeking redress for their damages.

Neonatal Harms

Offering legal aid for loved ones affected by medical carelessness resulting in childbirth injuries.

Vehicle Crashes

Collisions: Dedicated to assisting victims of car accidents obtain appropriate payout for injuries and impairment.

Motorcycle Crashes

Committed to providing representation for motorcyclists involved in scooter accidents, ensuring fair compensation for traumas.

18-Wheeler Accident

Delivering specialist legal assistance for persons involved in lorry accidents, focusing on securing adequate compensation for hurts.

Building Site Accidents

Dedicated to representing workmen or bystanders injured in construction site accidents due to recklessness or misconduct.

Brain Damages

Focused on extending dedicated legal support for individuals suffering from head injuries due to misconduct.

Dog Attack Harms

Skilled in dealing with cases for persons who have suffered wounds from K9 assaults or creature assaults.

Pedestrian Incidents

Expert in legal assistance for foot-travelers involved in accidents, providing comprehensive support for recovering compensation.

Undeserved Fatality

Advocating for relatives affected by a wrongful death, providing caring and professional legal support to ensure redress.

Backbone Harm

Specializing in advocating for individuals with spine impairments, offering compassionate legal support 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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