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Wrongful Death Attorney in Lyons

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About Carlson Bier Associates

Faced with the devastating loss of a loved one via wrongful death, we realize your primary need is to find a compassionate and assertive team who can help you seek justice. At Carlson Bier, we specialize in navigating complex legal proceedings associated with wrongful death claims. With our esteemed legal expertise as personal injury lawyers and revered dedication to client needs, we stand resiliently at the forefront of advocacy for rightful compensation. Our extensive experience spans diverse cases throughout Illinois – Including Lyons – reinforcing our understanding of particular regional complexities involved in these disputes. You are not alone on this journey; let us be your dependable source of support during this trying time without compromising the professional tenacity needed in court battles. In choosing Carlson Bier, you’re ensuring an immaculate record when dealing with grievous harm or unfortunate death due to negligence by securing experienced strategic representation tailored to optimize pursuit of fair recompense within the scope afforded by law .

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About Carlson Bier

Wrongful Death Lawyers in Lyons Illinois

Suffering the loss of a loved one is deeply devastating and it’s even more crushing when that loss could have been prevented. If you believe your loved one fall under this case, Carlson Bier, a preeminent Illinois based law firm, specializes in Wrongful Death cases and we are here to provide guidance as you navigate through these difficult times. We understand that no quantity of compensation can fill the void left by your loved one; however, seeking justice can be an essential part of your recovery process.

Wrongful death claims involve situations in which someone dies due to another party’s negligence or intentional harm. Causes can range from automotive accidents or medical malpractice to workplace hazards amongst others. The key aspect in such litigations involves substantiating negligence or intent – demonstrating that the defendant owed a duty of care towards the deceased, breached said duty leading to damages including death.

The nuances associated with wrongful death litigation encompass multiple interconnected dimensions for consideration:

– Determination of causal link: Establishing clear linkage between defendant’s actions (or lack thereof) and resultant demise.

– Damage calculation: Valuation aspects include both economical damages like lost earnings and non-economic ones such as emotional trauma suffered.

– Distribution among survivors: Ascertain rightful distribution of compensatory amounts amongst legal heirs or dependents.

At Carlson Bier, our attorneys devote their extensive experience and considerable resources towards obtaining maximum viable compensation on behalf of grieved families. Our team investigates every aspect thoroughly, ensuring all facts are scrutinized meticulously leaving little room for counter arguments.

Bearing testament to this painstaking diligence is our impressive record with significant success rates throughout Illinois. But what differentiates us most is our empathetic approach – we treat each client like family understanding their pain while simultaneously striving hard for retribution.

Moreover, our seasoned experts guide clients at every step providing detailed insights about procedural complexities aiding informed decision making – unaffected by daunting legal jargon often perplexing for individuals unfamiliar with legality proceedings.

Besides, we understand lawsuits can be burdensome during a time of grieving and swift resolution is desirable for closure. Hence our attorneys employ their vast knowledge towards guiding the case efficiently to secure just recompense in minimal possible time.

Understandably, no two cases are alike – every case presents unique circumstances meriting distinctive strategic approach for best possible outcome. This recognition informs our personalized representation strategy which ensures aggressive advocacy on behalf of each client whilst addressing individual concerns diligently.

At Carlson Bier, justice isn’t just about retrieving maximum compensation but also providing emotional support through these trying times, helping you navigate grief while we deal with legal complications ensuring your peace is undisturbed as much as possible.

While dealing with loss it’s crucial not to delay legal actions due to statute limitation laws which may restrict possibilities of claiming compensation after certain duration post-incident. Hence if you believe your loved one’s demise was preventable or conditions weren’t satisfactory leading to unfortunate event – it’s recommended that rightful legal action must be considered timely.

Let us help seek justice for your departed loved one – reach out today and learn how you could potentially receive well-deserved compensation related to wrongful death claim. Click on the button below and get free consultation revealing estimate of what settlement might be worth under Illinois law parameters without any obligation whatsoever – take this first step towards securing justice now!

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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 Lyons

Areas of Practice in Lyons

Two-Wheeler Mishaps

Expert in legal support for individuals injured in bicycle accidents due to negligent parties' indifference or dangerous conditions.

Thermal Burns

Extending expert legal support for people of serious burn injuries caused by events or recklessness.

Hospital Misconduct

Delivering expert legal representation for patients affected by healthcare malpractice, including misdiagnosis.

Merchandise Responsibility

Managing cases involving faulty products, providing adept legal support to customers affected by harmful products.

Senior Misconduct

Protecting the rights of the elderly who have been subjected to abuse in nursing homes environments, ensuring fairness.

Trip and Slip Occurrences

Skilled in dealing with stumble accident cases, providing legal assistance to individuals seeking recovery for their suffering.

Neonatal Traumas

Extending legal assistance for kin affected by medical malpractice resulting in neonatal injuries.

Auto Crashes

Crashes: Devoted to aiding sufferers of car accidents get fair payout for wounds and harm.

Two-Wheeler Collisions

Dedicated to providing legal advice for individuals involved in scooter accidents, ensuring just recovery for damages.

Trucking Crash

Ensuring expert legal services for clients involved in truck accidents, focusing on securing appropriate claims for injuries.

Building Mishaps

Dedicated to assisting laborers or bystanders injured in construction site accidents due to recklessness or carelessness.

Cerebral Damages

Expert in delivering compassionate legal assistance for patients suffering from head injuries due to carelessness.

K9 Assault Injuries

Proficient in tackling cases for individuals who have suffered harms from dog attacks or animal assaults.

Foot-traveler Crashes

Dedicated to legal advocacy for joggers involved in accidents, providing professional services for recovering compensation.

Undeserved Demise

Striving for loved ones affected by a wrongful death, providing empathetic and expert legal guidance to ensure fairness.

Spine Impairment

Committed to assisting persons with spine impairments, offering dedicated legal guidance to secure recovery.

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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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