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Wrongful Death Attorney in Lindenhurst

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About Carlson Bier Associates

In the tragic event of a wrongful death, Carlson Bier stands at the forefront in offering top-notch legal representation for Lindenhurst families. We know how demanding these cases can be on survivors, structurally and emotionally. Our adept legal team has years of experience navigating intricate Illinois laws to secure compensation that survivors need and deserve. Established competency across diverse lawsuits makes us your trustworthy option during such tough times. At Carlson Bier, we provide personalized services to educate clients about their potential case’s complexities with an understanding touch while relentlessly battling for justice in courtrooms across Illinois including Lindenhurst lawyer proceedings involving wrongful death matters. Renowned for securing significant settlements and verdicts which reflect our dedication and expertise; it’s no wonder countless people choose us when they require sophisticated counsel during one of life’s most trying periods— the loss of a loved one due to negligence or misconduct from another party. Choose Carlson Bier – Your best choice when you need unmatched advocacy during challenging times.

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About Carlson Bier

Wrongful Death Lawyers in Lindenhurst Illinois

Welcome to Carlson Bier, your trusted personal injury attorneys based in Illinois. Our firm specializes in claims pertaining to wrongful death and we are dedicated to providing comprehensive legal assistance geared towards fighting for justice on your behalf.

Wrongful death defines a situation where a person dies due to the negligence or misconduct of another individual or entity. The loss of life is tragic under any circumstance, but its impact becomes increasingly profound when it results from avoidable circumstances. To help you better understand this complex area of law, we will explain key aspects related to wrongful death cases:

• Comprehension of Legal Terms: A wrongful death claim rests upon three critical components – negligence or intentional act, causation that led directly to death, and resultant damages such as financial hardship suffered by remaining family members.

• Eligibility for Claims: In Illinois, only certain people can file these claims like a surviving spouse, parent (if decedent is minor), child or next kin which might include siblings or grandparents.

• Statute Limitations: You should be aware that Illinois laws impose strict limitations regarding the period within which you must make wrongful death claims usually with a two-year limit from the date of passing.

Understanding such nuances of wrongful death law requires expertise as well as empathy—the kind provided by our experienced attorneys at Carlson Bier.

Our approach encompasses intricate understanding of state-specific laws coupled with effective strategies tailored towards securing favorable outcomes. From evaluating viable claim options through thorough investigation of each case’s unique circumstances; constructing cogent arguments backed by concrete evidence; proficiently representing clients before courtrooms; negotiating assertively with insurance companies striving for maximum compensation – every action we undertake has one goal in mind: seeking justice for families suffering indescribable pain because of their loved ones’ abrupt departure.

Here at Carlson Bier, we understand that no amount of money can compensate such loss. However, monetary restitution is instrumental in easing financial burdens accompanying these unfortunate events, such as loss of income or benefits, medical expenses prior to death and funeral costs. Our legal team ensures that whenever a preventable tragedy occurs—it isn’t glossed over—but confronted head-on with relentless advocacy.

Irrespective of the complexities involved in your case, you can trust Carlson Bier to stand by you every step of the way. We are here to empower you during difficult times—giving you strength to heal and reassurance that justice will be achieved for your lost loved one. With our assistance at their disposition, families can channelize their energy towards bonding together instead of battling legal intricacies alone.

In closing and since every wrongful death case is unique, it’s hard to determine its value without knowing all the specific details—that’s where we come in. Click on the button below right away if you’d like us to assess how much your wrongful death claim might be worth. Trust Carlson Bier; allow us to guide you through this challenging time with compassionate understanding and professional proficiency—one successful claim at a time.

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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 Lindenhurst

Areas of Practice in Lindenhurst

Cycling Incidents

Expert in legal support for people injured in bicycle accidents due to other parties' indifference or unsafe conditions.

Flame Burns

Providing adept legal advice for sufferers of serious burn injuries caused by events or misconduct.

Healthcare Carelessness

Delivering specialist legal advice for patients affected by physician malpractice, including wrong treatment.

Commodities Accountability

Addressing cases involving defective products, supplying specialist legal assistance to customers affected by defective items.

Elder Neglect

Protecting the rights of elders who have been subjected to misconduct in care facilities environments, ensuring compensation.

Stumble and Fall Occurrences

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

Birth Damages

Providing legal assistance for households affected by medical negligence resulting in neonatal injuries.

Automobile Accidents

Mishaps: Devoted to guiding patients of car accidents secure just settlement for hurts and damages.

Bike Collisions

Focused on providing legal support for victims involved in two-wheeler accidents, ensuring rightful claims for damages.

18-Wheeler Accident

Providing professional legal representation for individuals involved in big rig accidents, focusing on securing appropriate compensation for harms.

Construction Site Incidents

Engaged in supporting employees or bystanders injured in construction site accidents due to oversights or negligence.

Neurological Impairments

Expert in ensuring expert legal assistance for clients suffering from neurological injuries due to carelessness.

Dog Attack Injuries

Skilled in addressing cases for people who have suffered damages from K9 assaults or animal assaults.

Foot-traveler Incidents

Dedicated to legal assistance for joggers involved in accidents, providing expert advice for recovering compensation.

Wrongful Demise

Striving for grieving parties affected by a wrongful death, delivering empathetic and experienced legal guidance to ensure restitution.

Vertebral Trauma

Dedicated to advocating for individuals with paralysis, offering professional legal support to secure settlement.

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