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Wrongful Death Attorney in Libertyville

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About Carlson Bier Associates

When navigating the complexities of a wrongful death case in Libertyville, Carlson Bier stands as an exceptional choice. With immense experience in the domain of personal injury law and a particular emphasis on wrongful death cases, we understand that dealing with law matters amid grief can be overwhelming. Their experienced team dedicates itself to shouldering your legal burdens during such trying times. They’ve demonstrated remarkable competence over several decades by managing intricate cases preserving clients’ rights while securing proper compensation for their loss—per Illinois state law. Though difficult issues arise following such traumatic events, compassionate yet authoritative representation is assured at Carlson Bier—a welcome comfort when pursuing justice marks a critical response to your anguish caused by negligence or malpractice leading to regrettable fatalities. In choosing us as your representative during these significant proceedings in Libertyville’s courts reflects trust – something our reputable attorneys at Carlson Bier are committed never to betray.

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Wrongful Death Lawyers in Libertyville Illinois

At Carlson Bier, we understand that the untimely death of a loved one can be an incredibly trying ordeal for any family to undertake. As experienced personal injury attorneys based in Illinois, we prioritize supporting and advocating aggressively for families affected by wrongful deaths, to ensure lawful reparation is secured.

Wrongful Death pertains to losses caused due to another party’s neglectful or willfully harmful actions. This tragic event leaves dependants or beneficiaries with grief and financial burdens – hospital expenses, funeral costs, loss of income from the deceased individual – all these become part of your unwelcome reality overnight. Carlson Bier stands alongside you at this turbulent time to guide you on legal recourse in these cases.

To indeed establish wrongful death under the ambit of the law:

• The defendant should have acted negligently or intentionally causing harm.

• The accused action should bear direct correlation with the individual’s death.

• There must be surviving beneficiaries or dependents suffering monetary damage as a consequence of this death.

In such circumstances, rest assured knowing that Carlson Bier is manning the front lines on your behalf. Armed with years of intensive experience navigating Illinois’ legal landscape dealing specifically within personal injury law, our team comprises seasoned professionals who value empathy as much as they value justice.

Here are some key areas that can fall under Wrongful Death claims:

• Automobile accidents

• Construction accidents

• Medical malpractice

• Workplace Accidents

• Defective Products

At Carlson Bier, it is integral to us that our clients comprehend their rights regarding wrongful death claims thoroughly. The complexity surrounding regulations over what constitutes culpability in these areas could seem overwhelming; however, our experienced team will meticulously dissect each case providing concise and clear explanations so you are fully informed about its potential trajectories.

Additionally, while expedition might not always seem like an ally during distressing times such as these — timeliness matters. In accordance with Illinois’ statutes of limitations laws, eligible parties must file a wrongful death claim within two years from the date of death.

There are also certain economic and non-economic damages you might be eligible to claim with our guidance, such as:

• Medical costs encounters before the deceased’s passing

• Funeral and burial expenses

• Loss of potential income

• Loss of family services from the deceased

• Emotional suffering caused due to loss

Navigating these trying waters is distressing; Carlson Bier aims to alleviate some of those burdens. We advocate passionately and relentlessly for our clients — ensuring your voice rises above and becomes an invincible tool in obtaining justice.

So now that you’re privy to a fairly exhaustive overview related to Wrongful Death under Illinois law, we urge you: don’t let confusion or uncertainty hinder you from pursuing restitution lawfully owed to your family unit. If your loved one’s life was tragically cut short due to another’s actions, partnering with Carlson Bier comprises not just championing seasoned professionals with proven track records but also aligns yourself with compassionate supporters who genuinely understand what this magnitude of grievance entails.

If reading through this information stirred any inquiries or if Carson Bier can assist you further in any capacity — we invite you kindly click on the button below. It shall provide an assessment around how much worth potentially resides in your case’s circumstances according to applicable laws.

Remember: The quality representation at Carlson Bier speaks volumes about commitment towards realizing justice for those inflicted by Wrongful Deaths. We serve residents across Illinois steadfastly – trust us while we steer resolutely towards acquiring rightful reparation commensurate with circumstances enveloping your personal crisis due to this devastating tragedy perpetrated upon your family unit.

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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 Libertyville

Areas of Practice in Libertyville

Bicycle Mishaps

Focused on legal representation for clients injured in bicycle accidents due to negligent parties' recklessness or dangerous conditions.

Fire Burns

Supplying adept legal help for patients of severe burn injuries caused by accidents or carelessness.

Hospital Negligence

Extending expert legal assistance for patients affected by hospital malpractice, including medication mistakes.

Items Responsibility

Dealing with cases involving problematic products, extending skilled legal assistance to victims affected by harmful products.

Senior Mistreatment

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

Trip & Trip Mishaps

Skilled in managing trip accident cases, providing legal support to victims seeking compensation for their damages.

Neonatal Traumas

Supplying legal help for families affected by medical incompetence resulting in infant injuries.

Automobile Crashes

Accidents: Focused on supporting sufferers of car accidents gain reasonable remuneration for damages and losses.

Motorbike Accidents

Focused on providing representation for riders involved in bike accidents, ensuring justice for traumas.

Truck Accident

Ensuring professional legal assistance for victims involved in big rig accidents, focusing on securing rightful recompense for damages.

Worksite Crashes

Concentrated on representing employees or bystanders injured in construction site accidents due to carelessness or carelessness.

Brain Injuries

Expert in delivering compassionate legal advice for clients suffering from cerebral injuries due to negligence.

Dog Bite Traumas

Specialized in dealing with cases for persons who have suffered damages from dog bites or animal attacks.

Jogger Crashes

Specializing in legal services for pedestrians involved in accidents, providing comprehensive support for recovering restitution.

Unjust Passing

Fighting for families affected by a wrongful death, supplying empathetic and professional legal guidance to ensure fairness.

Vertebral Injury

Specializing in assisting persons with backbone trauma, offering expert legal assistance 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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