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Wrongful Death Attorney in Lower West Side

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About Carlson Bier Associates

When dealing with a wrongful death incident, securing the right legal representation to navigate through such complex matters is paramount. Quality counsel ensures that justice and compensation are rightfully claimed for the unthinkable loss suffered. Carlson Bier emerges as an ideal choice in this aspect with their vast expertise in managing wrongful death lawsuits effectively. Their team of dedicated attorneys understands Illinois’s laws intricately and uses this knowledge to protect victims’ rights vigorously while fighting for warranted reparations. What sets them apart from others is their personalized approach, maintaining regular communication coupled with detailed case exploration ensuring that each aspect gets thorough legal scrutiny necessary for successful claims maximization. Keeping empathy at heart while handling cases has allowed them successfully secure laudable verdicts, making Carlson Bier respected within the realm of personal injury law practice alongside being acknowledged by peers and clients alike simultaneously substantiating their effectiveness when representing your interest against responsible parties or insurers alike thus highlighting why they stand unrivaled in offering top-notch wrongful death legal services.

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About Carlson Bier

Wrongful Death Lawyers in Lower West Side Illinois

At Carlson Bier, a reputed personal injury attorney group in Illinois, our priority is advocating for victims’ rights and seeking justice in wrongful death cases. Wrongful death refers to fatalities caused by the intentional harmful actions or negligence of other individuals or entities. Such cases can arise out of diverse circumstances ranging from vehicular accidents to medical malpractice.

The aftermath of losing a loved one due to another’s recklessness or negligence can be an incredibly overwhelming time riddled with emotional trauma, financial pressures, and impelling legal implications. The expert team at Carlson Bier stands ready to deliver unwavering support during such challenging times by offering proficient counsel, navigating intricate legal aspects, and passionately vying for rightful compensation on your behalf.

Understanding wrongful death claims requires comprehensive knowledge about several key elements:

• Liability: To file a wrongful death claim successfully, it must be proven that the fatal injuries were directly caused by the defendant’s negligent behavior.

• Damages: Damages are measurable losses resulting from the victim’s untimely demise such as loss of income potential, funeral expenses, etc.

• Proving fault: Clear evidence must be compiled illustrating that the defendant was culpable for causing the deceased individual’s fatality.

• Statute of Limitations: As per Illinois law, indigenous wrongful death claims should be filed within two years following a person’s passing.

With in-depth expertise in Illinois wrongful-death laws at Carlson Bier’s disposal, we strive diligently towards protecting you against injustice while helping smooth over some inconveniences associated with pursuing your claim. We understand that familiarity with legal terms and processes might not necessarily lie within everyone’s grasp; therefore our proficient lawyers engage clients via simple yet efficient communication means aimed at deciphering complex terminologies into easily understandable explanations.

Active collaboration between client-lawyer lies at the root of every victorious legal battle which forms an integral part of our modus operandi at Carlson Bier. Our proficient attorneys will assiduously walk through every step that comprises forming a robust case. From gathering pertinent evidence, documenting ample proof to showcase the gravity of wrongful conduct leading to the alleged death, communicating with insurance companies for fair settlements, and finally representing your claim ferociously in trials if need be – our experienced lawyers provide an all-encompassing legal service.

At Carlson Bier, we firmly believe in delivering more than just raw legal advice; instead, we aspire to offer compassionate support and sincere empathy while you tread this difficult path towards seeking justice. It is not merely about compensations and settlements – it is about fighting relentlessly for what is right until justice has been served adequately.

Whether you’re dealing with trauma instigated by the untimely loss of a loved one owing to somebody else’s negligence or struggle trying to understand how Illinois’ sophisticated wrongful-death laws apply to your unique scenario – regardless of where you find yourself entrapped within this unfortunate spectrum – remember that expert legal help from Carlson Bier is merely a phone call away.

While no amount of financial compensation can ever truly make up for the profound sorrow accompanied by losing someone dear prematurely due to another person’s injudicious actions or neglectful measures – obtaining proper lawful recompense becomes especially crucial when the departed individual was perhaps primary income-earner in their family. At Carlson Bier, we are committed passionately towards facilitating victims’ families receive rightful remuneration in wake of a tragic event such as wrongful death.

Take advantage now of our streamlined online evaluation process that effortlessly enables interested clients ascertain potential worthiness surrounding their respective case. Unmask beneficial insights pertaining directly to your specific situation swiftly via clicking on the button located below. Let our seasoned attorneys at Carlson Bier liberate you from any prevailing uncertainties associated unwarranted doubts or queries concerning wrongful death claims lodged under Illinois law today!

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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 Lower West Side

Areas of Practice in Lower West Side

Pedal Cycle Mishaps

Specializing in legal representation for clients injured in bicycle accidents due to others's lack of care or hazardous conditions.

Thermal Injuries

Extending expert legal assistance for sufferers of intense burn injuries caused by mishaps or indifference.

Hospital Misconduct

Extending dedicated legal support for patients affected by healthcare malpractice, including wrong treatment.

Items Accountability

Handling cases involving problematic products, providing adept legal guidance to individuals affected by faulty goods.

Aged Mistreatment

Defending the rights of aged individuals who have been subjected to malpractice in elderly care environments, ensuring justice.

Stumble & Fall Injuries

Expert in dealing with trip accident cases, providing legal support to clients seeking compensation for their suffering.

Neonatal Traumas

Extending legal guidance for relatives affected by medical incompetence resulting in neonatal injuries.

Car Accidents

Collisions: Devoted to guiding clients of car accidents obtain just remuneration for wounds and harm.

Motorbike Incidents

Committed to providing legal assistance for victims involved in two-wheeler accidents, ensuring rightful claims for harm.

Semi Accident

Extending adept legal advice for persons involved in trucking accidents, focusing on securing just claims for losses.

Building Site Crashes

Focused on defending laborers or bystanders injured in construction site accidents due to recklessness or negligence.

Neurological Damages

Dedicated to ensuring compassionate legal support for persons suffering from head injuries due to misconduct.

Dog Bite Harms

Expertise in tackling cases for clients who have suffered traumas from dog bites or animal assaults.

Jogger Accidents

Expert in legal services for pedestrians involved in accidents, providing effective representation for recovering compensation.

Unfair Fatality

Working for grieving parties affected by a wrongful death, extending empathetic and experienced legal assistance to ensure restitution.

Spinal Cord Injury

Specializing in assisting patients with spine impairments, offering compassionate legal assistance to secure compensation.

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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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