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Wrongful Death Attorney in Makanda

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When facing the tragedy of wrongful death in Makanda, trust the expertise and reliability of Carlson Bier to champion your cause. As personal injury lawyers, our firm excels in tackling complicated wrongful death cases with care and compassion. We understand that no recompense can ease your grief; still one’s quest for justice remains paramount after such devastating loss. Leveraging deep knowledge within Illinois laws, we strive for maximum compensation to alleviate financial burdens imposed by these unfortunate incidents – medical bills, funeral costs or lost earnings often overlooked during challenging times. Our team at Carlson Bier demonstrates exceptional dedication and proficiency when scrutinizing every detail of your case – working tirelessly until justice is served. Having a history marked with significant victories pertaining to wrongful deaths assures you are entrusting this crucial battle into capable hands. The value we place on client relationships manifests in our personalized approach towards each case because at Carlson Bier everyone’s desperate pursuit for rightful restitution matters immensely.

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About Carlson Bier

Wrongful Death Lawyers in Makanda Illinois

At Carlson Bier, we understand that losing a loved one is an emotionally devastating experience. When such loss arises from circumstances that could have been prevented, the cruelty of it can be even more overwhelming. It is under these tough situations that our firm stands ready to champion the right for justice on behalf of your deceased loved one. Highly regarded as Illinois’s dedicated personal injury attorneys group, we specialize in representing clients in Wrongful Death cases and are committed to delivering proven results.

A wrongful death case arises when a life-ruining event occurs because of someone else’s negligence or intentional act that proves fatal. Negligence may take many shapes – it might involve a careless driver who was texting while driving, a doctor who failed to provide appropriate medical treatment or an employer neglecting safety measures at work. The repercussions of such acts are dire and result in losses beyond just emotional pain.

These losses often include but aren’t limited to:

• Financial loss: This refers mostly to the earnings that the deceased would have made during their lifetime had they not passed away.

• Loss of services: Tasks the decedent performed for family members like fixing broken things around the house, grocery shopping, cooking meals etc.

• Loss of society/companionship: Losing companionship from spouses or parents creates psychological trauma and emptiness.

The above-mentioned damages intend to compensate surviving family members for their economic as well non-economic losses caused by their cherished one’s premature passing. Illinois law acknowledges this broad category of damages encompassing both economic and non-economic aspects.

In order to lodge a successful wrongful death claim in Illinois, there are two key elements you must establish – liability (someone was at fault) and damage (that fault led to your loved one’s demise). Establishing liability involves demonstrating through evidence that offender either acted negligently or intentionally inflicted harm resulting in death. As proof draws together circumstantial evidences like police reports or eyewitness testimonies and expert testimonies from professionals assessing the cause of death, we at Carlson Bier dedicate ourselves to meticulously gathering this evidence.

As your attorneys for wrongful death claims, our focus is not only on providing outstanding legal services but also delivering a client-centric experience. We understand that the process can be unfamiliar and daunting; hence, we ensure to clearly explain every step of the litigation process- simplifying complex legal jargon into comprehensible terms for our clients’ understanding.

We are ready to help you maneuver through these challenging times by initially investigating your case in depth. This includes interviewing witnesses, obtaining police reports, securing videographic evidence or any other type of evidence that strengthens your claim. Next comes crafting persuasive arguments tailored to highlight the defendant’s fault in causing harm that led to wrongful death.

Remember: It’s important that action is taken promptly after the loss as according to Illinois law there’s a time limit within which you must make a wrongful death claim (‘the statue of limitations’) failing which opportunity for filing lawsuit may pass.

Overcoming such tragedy involves justice being served and closure attained thus paving way towards healing . Although it doesn’t bring back your loved one, holding those responsible accountable fulfills an essential aspect of moving forward in life -Justice has been served!

At Carlson Bier, we’ve proved relentless pursuers when it comes down ensuring justice for those wronged. Our team tennis well-equipped with resources and expertise needed assisting surviving family members during their adversaries. Our experts will support upon every step ensuring receive full rightful compensation deserved due negligence others led untimely demise beloved one member.

Don’t let yourself overwhelmed by sorrow regret! Take action now click on button below discover much case worth together march towards reclaiming Justice!”. Trust us as your committed partner seeking fairness where injustice rampant remember because care Sheppard helping navigate through challenges whilst constantly delivering value compassion professionalism – cornerstones functioning philosophy at Carlson Bier Attorneys Law.

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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 Makanda

Areas of Practice in Makanda

Two-Wheeler Incidents

Expert in legal services for victims injured in bicycle accidents due to responsible parties' recklessness or risky conditions.

Flame Injuries

Supplying adept legal assistance for people of severe burn injuries caused by occurrences or carelessness.

Physician Misconduct

Offering expert legal advice for victims affected by medical malpractice, including medication mistakes.

Items Fault

Handling cases involving problematic products, offering professional legal support to individuals affected by faulty goods.

Aged Malpractice

Protecting the rights of seniors who have been subjected to neglect in nursing homes environments, ensuring justice.

Fall and Trip Accidents

Skilled in managing stumble accident cases, providing legal advice to sufferers seeking justice for their harm.

Neonatal Harms

Offering legal support for families affected by medical negligence resulting in birth injuries.

Motor Mishaps

Collisions: Concentrated on guiding individuals of car accidents receive just compensation for wounds and damages.

Motorcycle Mishaps

Focused on providing legal services for riders involved in bike accidents, ensuring adequate recompense for traumas.

Truck Collision

Ensuring expert legal services for drivers involved in trucking accidents, focusing on securing appropriate settlement for harms.

Building Accidents

Focused on supporting workers or bystanders injured in construction site accidents due to negligence or carelessness.

Brain Harms

Specializing in offering specialized legal services for patients suffering from neurological injuries due to misconduct.

Canine Attack Wounds

Proficient in dealing with cases for individuals who have suffered harms from K9 assaults or creature assaults.

Jogger Mishaps

Specializing in legal advocacy for pedestrians involved in accidents, providing comprehensive support for recovering restitution.

Unwarranted Passing

Fighting for loved ones affected by a wrongful death, providing empathetic and professional legal assistance to ensure compensation.

Spinal Cord Damage

Committed to defending clients with vertebral damage, offering expert legal guidance to secure compensation.

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