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Wrongful Death Attorney in Livingston

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the wake of a wrongful death, Carlson Bier stands formidable as dedicated advocates for Livingston families. Specializing in legalities surrounding untimely fatalities due to negligence or misconduct, we utilize our comprehensive understanding of Illinois laws and courtroom acumen to fight tenaciously for justice. Our extensive experience sets us apart; each case is unique and treated with personalized attention to secure the rightful recompense you deserve in these difficult times. We understand that no amount can compensate your loss but assertively pursuing entitlements could offer financial reprieve from resultant economic difficulties. At Carlson Bier, empathy drives professionalism – we champion your rights while also providing compassionate assistance amidst such challenging circumstances. As adept negotiators outside courtrooms and unwavering litigators within them, count on our seasoned team at Carlson Bier for thorough representation throughout this disheartening journey towards healing and resolution—a trustworthy choice when facing the potentially daunting realm of wrongful death lawsuits in Livingston area.

About Carlson Bier

Wrongful Death Lawyers in Livingston Illinois

At Carlson Bier, we understand the devastating impact that the wrongful death of a loved one can have on families. That’s why our dedicated team of personal injury attorneys, based in Illinois, is committed to representing you with nothing but heightened efficiency and utmost respect.

Wrongful death is legally defined as an incident where someone loses their life due to the negligent or intentional actions of another party. The loss often leads to insurmountable grief for the affected family members and also leaves them faced with unexpected financial commitments such as hospital costs, funeral expenses, loss of income among others.

• Negligence: This could take many forms such as reckless driving leading to a fatal accident or substandard medical care resulting in death.

• Intent: Often rare but it implies cases where death results deliberately out of someone’s actions.

Regardless of whether this wrongful act was intended or accidental – the significant emotional and financial strain it places on those left behind can be unbearable. It’s during these difficult times that you need expert legal representation.

Compensation might not replace your lost loved one; however, it will help alleviate some of those financial pressures. Our accomplished attorneys are well-versed in Illinois’ complex wrongful death laws and relentlessly fight for justice on behalf of those who cannot do so themselves. We strive tirelessly to ensure that you receive adequate compensation reflective not just of incurred costs but also future earnings had your loved one lived long enough.

In wrongful death claims, there are numerous factors considered when determining compensation amount:

• Medical expenses prior to passing

• Funeral service payments

• Loss garnered from losing wages

• Emotional suffering awarded generally regarding close member bereavement (e.g., wife/husband)

• Punitive damages paid as punishment actioned by harmful conduct

What sets us apart at Carlson Bier is our commitment to personalized attention for every case we handle – because we believe each case is unique. Behind every statistic or broad legal term like “wrongful death”, there’s a personal story of a loved one lost. That’s why we are always ready to invest the time and resources necessary to analyze each angle of your case. We will guide, enlighten, and counsel you in every step throughout the process – giving us a clear pathway towards claiming what’s rightfully yours.

Our team works on a contingency basis—meaning you owe us nothing unless we secure compensation for you. This setup allows us to give all clients equal opportunity to benefit from our exceptional legal representation – no matter their financial standing.

We know that embarking on this journey can be emotionally taxing and outright daunting but rest assured – at Carlson Bier, you don’t go down this road alone. With precision, passion, respect, and strength we provide two things: support through these tough times and tirelessly fighting for justice.

Determining the worth of your wrongful death claim is not as straightforward as it may seem; many factors play into this assessment which is why having an experienced legal team by your side is crucial. Click on the button below now to find out just how much your case could potentially be worth. Let Carlson Bier help unburden some of the load you’ve been unfairly left with as well as ensure justice eventually prevails.

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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 Livingston

Areas of Practice in Livingston

Bicycle Mishaps

Focused on legal advocacy for individuals injured in bicycle accidents due to others's indifference or dangerous conditions.

Thermal Wounds

Supplying specialist legal advice for victims of major burn injuries caused by incidents or negligence.

Hospital Incompetence

Delivering dedicated legal support for clients affected by medical malpractice, including surgical errors.

Merchandise Obligation

Addressing cases involving faulty products, delivering expert legal help to customers affected by product malfunctions.

Geriatric Neglect

Advocating for the rights of aged individuals who have been subjected to neglect in aged care environments, ensuring restitution.

Tumble and Slip Mishaps

Expert in tackling tumble accident cases, providing legal services to persons seeking restitution for their injuries.

Neonatal Wounds

Providing legal guidance for families affected by medical incompetence resulting in infant injuries.

Car Collisions

Accidents: Focused on supporting clients of car accidents obtain just remuneration for hurts and impairment.

Motorbike Incidents

Expert in providing representation for bikers involved in motorbike accidents, ensuring just recovery for traumas.

Big Rig Collision

Delivering adept legal advice for individuals involved in semi accidents, focusing on securing appropriate settlement for injuries.

Construction Mishaps

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

Neurological Harms

Dedicated to delivering specialized legal assistance for clients suffering from head injuries due to misconduct.

Dog Attack Damages

Adept at addressing cases for victims who have suffered injuries from dog attacks or animal attacks.

Foot-traveler Mishaps

Dedicated to legal support for cross-walkers involved in accidents, providing expert advice for recovering recovery.

Undeserved Fatality

Working for relatives affected by a wrongful death, supplying caring and adept legal services to ensure fairness.

Neural Trauma

Focused on representing patients with vertebral damage, offering professional legal guidance to secure recovery.

Contact Us Today if you need a Person Injury Lawyer