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Wrongful Death Attorney in Lincolnshire

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About Carlson Bier Associates

Navigating the pain and challenges after losing a loved one through wrongful death can be overwhelming. Carlson Bier stands at the ready to render an unmatched level of professional legal expertise in such circumstances. Our dedicated team specializes extensively in wrongful death claims, offering robust advocacy for Lincolnshire families grieving their devastating loss. We comprehend the gravity of your situation and champion justice whilst striving to secure fair compensation for your hardship. Trust that with our rich history edifying us, our firm capacity lies not only in fiercely litigating these types of cases but also ensuring your pain is acknowledged legally and compassionately. Our understanding doesn’t waver as we guide you through this convoluted process every step of the way until resolution’s attained. Choosing Carlson Bier puts seasoned wrongful death attorneys by your side who advocate passionately on behalf of those unjustly affected by untimely deaths, upholding justice consistently across Illinois state boundaries.

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Wrongful Death Lawyers in Lincolnshire Illinois

For those going through the harrowing experience of losing a loved one under unexpected or unjust circumstances, Carlson Bier offers legal expertise in Wrongful Death claims. As a highly regarded personal injury law firm in Illinois, our main objective is not only to help clients find justice but also protect them from further distress during an emotionally challenging time.

Wrongful death refers to fatalities resulting from someone’s misconduct or negligence. These might include instances of car accidents caused by drunken driving, medical malpractices leading to loss of life, work-place mishaps due to safety ignorance, defective products resulting into fatal disasters and several such regrettable situations where accountability needs to be understandably established.

In such cases, it becomes essential that wrongful death victims’ dependents seek out compensation for their immeasurable loss. To receive this aid rightfully owed to you and your family, working with adept lawyers like ours at Carlson Bier becomes critical.

– Preparing strong suits: Our experienced team keenly studies every detail of your case, identifies key elements and prepares a solid suit holding the wrongdoers accountable within the purview of Illinois law.

– Asserting compensation: Understanding that no amount truly compensates the emotional void left behind by a lost loved one; nevertheless our resilient pursuits aim at getting families financial relief covering lost wages, funeral expenses and pain & suffering damages among others.

– Providing compassionate support: Empathy forms core part of our ethos. We are alongside you all through this journey – understanding your grief while navigating you through legal steps for some closure.

Considering every wrongful death case possesses unique aspects demanding meticulous examination – interpretation matters significantly. The term “wrongful”, legally covers wide range implying any act causing another’s demise can potentially establish liability if proven negligent or intentional. For example:

– If ‘A’ fatally strikes ‘B’ using their vehicle being completely intoxicated – it would be analyzed as both intentional (irresponsible drinking before driving) and negligent (uncontrolled driving leading to accident), hence wrongful.

– If ‘X’ dies due to a faulty machine at their workplace where ‘Y’ (employer) ignored routine safety checks – this can be judged as negligence on part of the employer.

Deciphering such intricate situations and preparing adept lawsuits become essential in gaining deserved justice. At Carlson Bier, our personal injury attorneys meticulously delve into facts surrounding these distressing circumstances and take every legal measure necessary for asserting your rightful recompense

We would also like to emphasize that under Illinois law, only immediate family members – Spouses or children (biological or adopted) hold the right to file a wrongful death claim. However, if an individual doesn’t have direct family then surviving parents or siblings can file too but with certain limits applied on damages awarded.

Time plays significant role in establishing validity of these claims too. In Illinois, generally one has two years from decedent’s date of death to file claim but some exceptions apply wherein period might get extended based specific case factors e.g. victim’s awareness about deception/fraud causing death discovered later than actual event may extend filing time.

Navigating through these complicated legal paths during times of emotional upheaval surely becomes challenging but my word is it worth it! Turn your trust towards experts who not only come bearing affluent experience dealing with intricacies of wrongful death cases but also deeply understand value of bringing justice serving some closure within grieving hearts.

Coming back stronger standing against adversity takes courage; courage we assure you at Carlson Bier exists every step during those uphill walks! Reach out and unburden your worries upon reliable shoulders made sturdy by several victories achieved in courtrooms for clients similarly placed once just like you are today. So why wait? Go ahead and click the button below now, let us help determine what your case is worth while offering an opportunity towards brighter tomorrows awaiting welcoming smiles after stormy sorrows preceding them!

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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 Lincolnshire

Areas of Practice in Lincolnshire

Cycling Crashes

Focused on legal support for clients injured in bicycle accidents due to others's lack of care or dangerous conditions.

Burn Injuries

Giving skilled legal advice for individuals of intense burn injuries caused by mishaps or misconduct.

Medical Carelessness

Offering expert legal assistance for persons affected by medical malpractice, including wrong treatment.

Merchandise Responsibility

Taking on cases involving dangerous products, providing expert legal assistance to clients affected by product malfunctions.

Senior Mistreatment

Representing the rights of the elderly who have been subjected to misconduct in care facilities environments, ensuring justice.

Fall & Tumble Occurrences

Skilled in dealing with stumble accident cases, providing legal services to clients seeking redress for their damages.

Neonatal Injuries

Offering legal assistance for loved ones affected by medical misconduct resulting in newborn injuries.

Vehicle Incidents

Accidents: Concentrated on helping clients of car accidents get reasonable compensation for hurts and harm.

Motorbike Crashes

Focused on providing legal assistance for victims involved in scooter accidents, ensuring justice for injuries.

Semi Collision

Extending expert legal assistance for clients involved in big rig accidents, focusing on securing adequate recovery for damages.

Building Crashes

Concentrated on supporting employees or bystanders injured in construction site accidents due to oversights or misconduct.

Cerebral Harms

Committed to delivering professional legal support for patients suffering from head injuries due to negligence.

Dog Attack Harms

Specialized in tackling cases for individuals who have suffered wounds from dog attacks or animal attacks.

Jogger Mishaps

Expert in legal representation for foot-travelers involved in accidents, providing comprehensive support for recovering claims.

Unfair Passing

Standing up for families affected by a wrongful death, delivering compassionate and expert legal support to ensure justice.

Vertebral Impairment

Dedicated to advocating for persons with paralysis, offering expert legal services to secure redress.

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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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