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Wrongful Death Attorney in Louisville

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When faced with the devastation of a wrongful death, the quest for justice can feel daunting. Yet Carlson Bier steps up in these moments, providing unwavering support and tireless legal representation to Louisville families. As a leading personal injury law firm named among Illinois’ top tier attorneys, we specialize in wrongful death cases and hold vast experience in fighting and winning such lawsuits. Our team understands that no amount of compensation will fill the void left by your loved one’s untimely passing; however, our dedication lies in ensuring you achieve some closure via fair settlements or verdicts when possible. By enforcing accountability, we strive to prevent similar instances from recurring while easing your financial burden simultaneously. Trusting Carlson Bier as your wrongful death attorney means aligning with decades-long professional wisdom committed to protecting clients’ rights diligently and compassionously during their toughest times – regardless of where they are located . Choose us today because every life counts; let’s ensure justice prevails!

About Carlson Bier

Wrongful Death Lawyers in Louisville Illinois

Welcome to Carlson Bier, Illinois’ premier personal injury attorney group dedicated entirely to the representation of those who have suffered due to the negligence or recklessness of others. Our compassionate and experienced team understands that navigating a Wrongful Death claim can be an incredibly challenging experience, both emotionally and legally.

Wrongful Death is a legal phrase encompassing instances where a person dies due to the negligence or misconduct of another party. These causes could range from automobile accidents, medical malpractice, construction site mishaps, defective products, or several other scenarios. In these cases, it’s crucially important for family members of the deceased to understand their rights and explore avenues towards rightful compensation for their tragic loss.

Here are key things one must know:

• Who Can File a Claim: Typically close family members like spouses, children (minor or adult), parents (if deceased was a minor) can file a wrongful death claim.

• Statute of Limitations: In Illinois, usually you have two years from the date of death to initiate your lawsuit against the responsible parties.

• Damages Available: Compensation might include medical expenses prior to death, funeral costs, loss of companionship & love, lost future income and benefits etc.

At Carlson Bier law firm our proficient lawyers ensure that detailed investigations are conducted into each case thereby understanding every facet which contributed towards wrongful death. Using this comprehensive approach we aim at ensuring optimal processing of claims – adhering strictly yet agilely within statutory timelines while assiduously working toward procuring rightful financial compensations for grief-stricken families affected by wrongful deaths.

Over many decades our law firm has built an irrefutable reputation in holding negligent entities accountable via compelling courtroom litigation whenever negotiations don’t yield equitable results for our esteemed clients ensuring we’ve got them covered regardless whether they require careful negotiation skills or aggressive courtroom representation backed by time-tested litigation expertise and resources

The decision-making process post such tragedy as losing loved ones is undeniably grueling, where compensation proceedings seem inconceivably overwhelming. Nevertheless, it’s crucial to comprehend that wrongful death claims are typically time-sensitive due to statutory limitations for filing such lawsuits.

Detailed guidance from experienced lawyers within this specialized legal area is of paramount importance not just from timely execution perspective but also ensuring one has access to insightful expertise in gathering and presenting concise evidence against the negligent parties thereby strengthening client’s case substantially. This makes choosing a responsive, seasoned attorney highly critical whilst dealing with wrongful death claims proceedings.

At Carlson Bier, we pledge our services on contingent fee basis implying there is no legal fee unless we secure financial recovery for our clients – this approach aligns perfectly with fisherfolk who appreciate assurance from their counsel till complete resolution.

We encourage relatives mourning loss of loved ones due to a wrongful act by any individual or entity to connect with us at earliest convenience enabling swift legal consultation thereby ensuring rightful justice isn’t delayed or denied.

By clicking the button below, you can take the first important step towards finding out how much your case may potentially be worth – given each case has its unique context & implications hence only post detailed case evaluation can accurate estimate be provided. Our proficient attorneys at Illinois-based Carlson and Bier personal injury law group stand steadfast alongside suffering families seeking justice and compensation for their unforeseeable loss soothing them through sensitive yet necessary legal process via empathetic understanding coupled with ironclad determination amongst surefooted professionalism aiding navigational semblance amid stormy winds of despair. We look forward contributing proactively determining true value of clients’ worthy cases amidst otherwise trying times marked by loss and unmerited pain. Welcome again to Carlson Bier – because with us, you never walk alone!

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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 Louisville

Areas of Practice in Louisville

Bicycle Crashes

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

Flame Damages

Giving specialist legal services for patients of intense burn injuries caused by accidents or recklessness.

Physician Malpractice

Delivering professional legal support for patients affected by medical malpractice, including medication mistakes.

Commodities Liability

Addressing cases involving problematic products, providing adept legal services to individuals affected by faulty goods.

Geriatric Malpractice

Protecting the rights of aged individuals who have been subjected to mistreatment in senior centers environments, ensuring compensation.

Tumble and Fall Incidents

Specialist in handling fall and trip accident cases, providing legal assistance to individuals seeking restitution for their harm.

Birth Injuries

Offering legal guidance for households affected by medical misconduct resulting in infant injuries.

Motor Crashes

Accidents: Dedicated to aiding victims of car accidents secure just payout for injuries and damages.

Two-Wheeler Accidents

Expert in providing legal services for victims involved in two-wheeler accidents, ensuring justice for losses.

Trucking Collision

Ensuring adept legal support for persons involved in big rig accidents, focusing on securing rightful compensation for injuries.

Worksite Incidents

Concentrated on assisting employees or bystanders injured in construction site accidents due to safety violations or recklessness.

Neurological Injuries

Dedicated to extending professional legal support for victims suffering from cerebral injuries due to negligence.

K9 Assault Damages

Proficient in tackling cases for persons who have suffered damages from puppy bites or beast attacks.

Cross-walker Collisions

Dedicated to legal representation for walkers involved in accidents, providing effective representation for recovering compensation.

Wrongful Loss

Fighting for bereaved affected by a wrongful death, supplying compassionate and experienced legal services to ensure fairness.

Backbone Trauma

Specializing in representing victims with vertebral damage, offering specialized legal guidance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer