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Wrongful Death Attorney in Leland

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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

Navigating the complex aftermath of a wrongful death is challenging, but Carlson Bier can help. We are dedicated to assisting families in Leland with their legal claims, providing the highest quality of representation for this specific branch of personal injury law. Experienced and proven, we conduct meticulous investigations and put forth relentless advocacy for each case entrusted to us. Our team understands the profound emotional toll associated with these cases; thus we approach every situation empathetically while pursuing justice relentlessly on behalf of our clients. With Carlson Bier as your legal ally, you’ll receive personalized attention tailored to meet your unique needs—we give priority to working directly with our clients rather than delegating that crucial responsibility elsewhere. Because years practicing wrongful death law has honed our skills in dealing effectively against insurance companies who might try devaluing claims unfairly—an affirmation compellingly signaled by an extensive portfolio of successful settlements and verdicts achieved on behalf of victims’ families across Illinois. For impactful representation marked by compassion and determined pursuit for justice—think Carlson Bier.

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About Carlson Bier

Wrongful Death Lawyers in Leland Illinois

At Carlson Bier, we are committed to providing personalized legal representation for individuals dealing with the aftermath of preventable tragedies. Based in Illinois, our law firm offers extensive services in various aspects of personal injury law, including wrongful death cases. At the heart of every wrongful death claim is devastating loss – a lost loved one and an altered future. We comprehend this overwhelming reality and strive to provide compassionate counsel while persistently working towards obtaining justice.

Wrongful death arises when a person dies due to another’s negligence or deliberate harmful act. This subsequent civil action attempts to hold the responsible party accountable financially rather than criminally. Wrongful deaths can result from diverse circumstances such as medical malpractice, vehicular accidents, workplace incidents, product liability issues and unsafe property conditions among others.

The main elements that establish a strong wrongful death case include:

• Proof of Negligence: Demonstrating that the defendant’s reckless behavior caused the victim’s demise.

• Breach of Duty: Establishing that the accused owed a duty to ensure safety which was violated leading up to fatality.

• Causation: Showing evidence that these actions directly contributed to one’s untimely passing.

• Damages: Quantifiably documenting the financial implications triggered by loss like hospital expenses, funeral costs and loss of earnings.

In Illinois particular point worth noting is its statute of limitations for initiating wrongful death lawsuits – generally limited to two years since decease with specific exceptions based on varying scenarios. An important subset within wrongful deaths involves survival statutes where damages suffered prior till passing—like medical bills—are recovered through estate plan assets not reaching beneficiaries.

At Carlson Bier, we understand compensation will not replace your loved one but it can alleviate some burdens; offering closure as well fundamental rights against negligent parties at fault who must face repercussions proportionate to their misdeeds.

While considering filing such lawsuits seems daunting remember you won’t walk alone—we’re here assisting you navigating complex legal terrains, providing trustworthy advice and unflinching courtroom representation. We’re devoted to securing rightful compensation your family deserves due to the wrongful death of a loved one—covering medical bills, funeral costs, lost companionship emotional trauma alleviating some financial burdens inflicted by such tragic occurrences.

Why Choose Carlson Bier? Our reputation for crafting compelling arguments in courtrooms and years of extensive experience dealing with insurance companies ensure that we work diligently to bring forth the most beneficial result possible for our clients.

We believe each case poses unique challenges deserving meticulous investigation and comprehensive legal strategy. Despite the emotionally charged nature around these cases, we strive toward empathetic understanding and clear communication all while patiently guiding you through this demanding process from start till resolution—ensuring not just fair recompense but also delivering justice for your dearly departed.

Understandably, figuring out potential claim value might seem overwhelming—but let us help! Our team possesses adept knowledge about factor intricacies shaping claim worth like decedent’s life expectancy age, total income amount; pension plan benefits or even inheritance losses. Therefore enabling an educated estimate.

With no upfront fees rest assured—we don’t get paid unless you do! This commitment reflects our firm belief: amplified focus yielding improved client satisfaction deriving from happy verdicts!

As a treasured Carlton Bier prospective entrant here’s something paramount: Don’t forget clicking below—find out how much your case might be worth as first step towards retaking control over altering circumstances after losing a dear one. Equipped with profound experience dedicated attorneys at Carlson Bier stand with you resiliently advocating on behalf determinedly working seeing through targeted compensation rightfully yours –the only acceptable pursuit in light imposed unspeakable loss. Remember several factors play into amounts received consequently it’s essential professionals guide determining plausible lawsuit recovery amounts—Act now! Together enduring journey begins 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 Leland

Areas of Practice in Leland

Bicycle Mishaps

Expert in legal assistance for victims injured in bicycle accidents due to others's indifference or perilous conditions.

Thermal Traumas

Supplying skilled legal advice for people of major burn injuries caused by occurrences or recklessness.

Healthcare Incompetence

Delivering experienced legal assistance for individuals affected by hospital malpractice, including surgical errors.

Items Liability

Dealing with cases involving dangerous products, supplying professional legal help to individuals affected by harmful products.

Aged Mistreatment

Protecting the rights of the elderly who have been subjected to neglect in nursing homes environments, ensuring restitution.

Stumble & Tumble Accidents

Specialist in handling stumble accident cases, providing legal assistance to sufferers seeking restitution for their suffering.

Neonatal Damages

Delivering legal help for kin affected by medical incompetence resulting in infant injuries.

Automobile Accidents

Accidents: Devoted to supporting victims of car accidents get appropriate remuneration for wounds and losses.

Motorcycle Accidents

Committed to providing legal support for motorcyclists involved in bike accidents, ensuring adequate recompense for injuries.

Semi Incident

Delivering expert legal assistance for individuals involved in big rig accidents, focusing on securing appropriate compensation for losses.

Worksite Crashes

Engaged in representing staff or bystanders injured in construction site accidents due to negligence or recklessness.

Cognitive Damages

Committed to extending dedicated legal services for persons suffering from cognitive injuries due to accidents.

K9 Assault Injuries

Specialized in handling cases for victims who have suffered harms from dog attacks or creature assaults.

Cross-walker Crashes

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

Unjust Fatality

Standing up for grieving parties affected by a wrongful death, extending sensitive and professional legal guidance to ensure fairness.

Spine Impairment

Focused on representing clients with vertebral damage, offering expert legal assistance to secure settlement.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440