...
FREE CASE CONSULTATION
312.622.2900
Facebook-f Linkedin Google

Wrongful Death Attorney in Madison

Let Carlson Bier Fight For You

Over $50 Million in Recoveries

Google Guaranteed 5 Stars Advanced Local Service Ads Carlsonbier
Find Out if You Have a Case in 10 Seconds
Personal Injury Attorney Chicago
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When dealing with the fallout of a wrongful death, turn to Carlson Bier for compassionate representation and clear legal advice. As a renowned personal injury law firm in Illinois, we understand that navigating through such weighty situations is both mentally and emotionally taxing. At Carlson Bier, our mission is to ensure you never walk this difficult journey alone. Our dedicated team of seasoned attorneys relentlessly strives for successful outcomes while offering you the support needed during these trying times.

As wrongful death specialists with decades spanning experience handling complex cases from various jurisdictions including Madison, our insightful skills will make all the difference. We’re committed to safeguarding your rights by ensuring those responsible are held accountable for their actions.

Choosing Carlson Bier denotes entrusting your case to attorneys who meticulously investigate every aspect related to it – collecting evidence; effective trial preparation; consultations with experts and handling all intricate negotiations on monetary settlements professionally.

Inexpressible grief may persistently cloud judgement during these turbulent moments but establishing justice provides discerningly needed solace. Skilled representation at Carlson Bier provides just that – tenacious advocacy toward achieving righteousness against injustice.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Madison Illinois

At Carlson Bier, our premier law firm in Illinois, we specialize in personal injury and wrongful death cases. Our focus is to guide families through the complex legal system and help them regain stability after losing a loved one due to negligence. Wrongful death refers to a situation where a person’s death is directly caused by another individual’s or entity’s negligence, recklessness, or intentional harm.

Understanding the nuances of wrongful death involves knowing its specific elements. These essential aspects cumulatively prove the liability in a wrongful death case:

• Death of an individual

• Negligence or intent to cause harm as contributory factors

• Surviving family members experiencing monetary losses due to the death

• Appointment of a personal representative for the deceased’s estate

Moreover, the Illinois Wrongful Death Act allows timely claims within either two years from when the decedent passed away or within one year from their date of demise if there are pending criminal charges involved. However, these time limits shouldn’t dissuade you from taking action immediately; delayed actions may pose potential risks such as loss of critical evidence.

When it comes to compensation in these challenging cases, Illinois law does not cap damages recoverable under the Wrongful Death Act – making your claim limited only by what can be demonstrated and proven. You could potentially recover expenses for medical costs incurred prior to your loved one’s passing, funeral costs, lost wages or benefits that would have been earned had they lived naturally expected life span along with avoid intangible emotionally-driven claims like grief, sorrow and mental suffering undergone because of your tragic loss.

Importantly though, not all fatal accidents result in feasible wrongful death claims. Specific exclusions pertain- most notably: deaths resulting from occupational diseases related specifically workers’ compensation matters aren’t covered within ambit scope this particular area legal expertise Note knowing boundaries crucial accurate processing claim

Navigating process required place strong lawsuit requires skill experienced counsel From establishing evidence collecting testimony negotiating against insurance companies other parties Carlson Bier’s team dedicated experts work tirelessly lift burden your shoulders We recognize magnitude impact such cases have surviving family members endeavor handle them sensitivity compassion with proficient firms profound knowledge wrongful death legalities.

With our commitment to integrity, empathy and utmost professional excellence, we aim not only to win cases but also to establish trust with all our clients. By choosing Carlson Bier, you choose a partnership with unwavering support and relentless pursuit of justice for you and your loved ones in these particularly challenging times.

Lastly, remember that finding out the worth of your case should ideally be without monetary or emotional cost. Therefore, we invite you to click the button below for a convenient way ascertain potential value claim No upfront charges no strings attached Your quest justice begins us at Carlson Bier where we uphold dignity excellence every case undertake Let take first step towards healing together today.

Find Out How Much Your Case is Worth
Testimonials from Clients

Your Success Is Our Success

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.
Education & Information

Resources For Madison Residents

Links

Legal Associations and Lawyer Services

Online Legal Resources and Directories

Specialized Services and Educational Resources

Legal Blogs
SEE MORE

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 Madison

Areas of Practice in Madison

Cycling Crashes

Specializing in legal representation for persons injured in bicycle accidents due to negligent parties' negligence or perilous conditions.

Flame Injuries

Offering skilled legal support for victims of grave burn injuries caused by accidents or indifference.

Medical Carelessness

Ensuring expert legal support for victims affected by hospital malpractice, including misdiagnosis.

Goods Accountability

Dealing with cases involving dangerous products, supplying professional legal services to clients affected by product malfunctions.

Aged Mistreatment

Representing the rights of elders who have been subjected to malpractice in aged care environments, ensuring fairness.

Tumble and Stumble Injuries

Specialist in dealing with stumble accident cases, providing legal advice to persons seeking compensation for their damages.

Newborn Injuries

Delivering legal aid for kin affected by medical misconduct resulting in newborn injuries.

Vehicle Mishaps

Collisions: Dedicated to supporting victims of car accidents obtain fair remuneration for harms and losses.

Two-Wheeler Incidents

Dedicated to providing representation for riders involved in bike accidents, ensuring justice for damages.

Semi Crash

Ensuring professional legal services for clients involved in lorry accidents, focusing on securing appropriate compensation for harms.

Construction Site Mishaps

Concentrated on assisting workers or bystanders injured in construction site accidents due to negligence or misconduct.

Neurological Impairments

Dedicated to extending professional legal support for individuals suffering from cognitive injuries due to carelessness.

K9 Assault Wounds

Proficient in tackling cases for clients who have suffered traumas from dog bites or wildlife encounters.

Cross-walker Accidents

Committed to legal support for cross-walkers involved in accidents, providing comprehensive support for recovering restitution.

Unfair Death

Fighting for grieving parties affected by a wrongful death, extending empathetic and expert legal representation to ensure restitution.

Backbone Impairment

Committed to advocating for patients with spine impairments, offering dedicated legal services to secure recovery.

Instant Case Evaluation

Contact Us Today if you need a Person Injury Lawyer

312-313-2440

cb
FREE CASE CONSULTATION

312.622.2900

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.

© 2024 All Rights Reserved | Carlson Bier

Web Design By Bosseo​