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Wrongful Death Attorney in Maple Park

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When faced with the emotional trauma of dealing with a wrongful death claim in Maple Park, let the esteemed expertise of Carlson Bier be your beacon during these challenging times. The irreplaceable loss often leaves families emotionally overwhelmed and confused about their legal rights; however, our dedicated team is exceedingly experienced at navigating Illinois’s complex wrongful death laws. Devoted to balancing compassion with aggressive advocacy, we diligently protect client interests while driving towards the maximum possible compensation for each case. We understand the intricacies of proving negligence or deliberate action that led to an untimely demise and have consistently proven success in securing rightful compensations for numerous clients across Illinois over years of dedicated service. Making sense of essential details amidst profound grief can be overwhelming; entrust this process to Carlson Bier Wrongful Death Attorneys’ empathetic guidance and strategic resilience–the invaluable pillar you need during distressing uncertainties. Upholding your best interest is not just our professional duty but also a core value deeply etched into every interaction here at Carlson Bier.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Maple Park Illinois

Welcome to Carlson Bier, an esteemed law firm rooted in the heart of Illinois with a special focus on personal injury cases. We understand that enduring a personal loss is incomprehensible and often emotionally draining. When such losses are brought about by wrongful death, the situation is even more troubling. Wrongful Death refers to fatalities caused by negligence, recklessness or deliberate harm by another party. At Carlson Bier, our team of professional attorneys is dedicated to holding those responsible accountable for their actions in a court of law.

First and foremost, it’s crucial to comprehend what legally constitutes as wrongful death. In legal circles within Illinois, wrongful death includes but not limited to scenarios involving:

– Medical Malpractice

– Defective Products

– Auto Accidents

– Workplace Accidents

– Nursing Home Neglect

Our team advocates tirelessly for justice and seeks compensation on behalf of the deceased individual’s surviving family members; these include financial support for medical bills prior-to-death, funeral cost, pain-and-suffering damages and lost wages.

Understanding the statute limitations in filing wrongful death lawsuits in Illinois is fundamental. The claim must be filed within two years from the date-of-death; however exceptions may apply depending on specific circumstances surrounding each case. Further comprehension requires professional guidance which you can rely on us for.

Additionally:

• The beneficiaries eligible in a wrongful death lawsuit ordinarily consist of immediate family members including spouses, children (natural or adopted), parents (for minor victims)

• Damages awarded tremendously depend upon several factors like gravity of defendant’s fault along with economic and non-economic impact on survivors.

• Pursuing a Wrongful Death claim does not affect any potential criminal charges associated with the incident.

In unison with rigorous legal counsel representing your best interests – transparency remains at forefront here at Carlson Bier; clients are availed with intricate details pertaining every phase within their case – alongside steadfast dedication towards winning rightful compensations they deserve.

As a testament to our determination, we work on a contingency fee basis; translated, means that our fees are entirely dependent on successful outcome of your case – if no viable compensation is won; absolutely no attorney’s fee would be charged.

We believe knowledge is power—an informed client makes better choices. Therefore, we take pride in providing detailed educational content about Wrongful Death and its intricate details. Our team stands ready to answer all your queries and guide you through the difficult landscape of wrongful death lawsuits.

Advocating for justice and seeking the rightful compensation that you deserve is an uphill journey requiring robust legal representation endowed with empathy and understanding what you’re going through – Carlson Bier ER Personal Injury Attorneys could be that pivotal difference towards ensuring your rights aren’t trampled upon amidst these darkest hours. For further insight into how we can assist with your unique case; click on the button below; let’s determine together what your case is worth in this pursuit of justice and recompense for loss endured by wrongful death.

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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 Maple Park

Areas of Practice in Maple Park

Two-Wheeler Mishaps

Specializing in legal advocacy for clients injured in bicycle accidents due to other parties' lack of care or hazardous conditions.

Burn Traumas

Supplying expert legal assistance for victims of serious burn injuries caused by mishaps or misconduct.

Medical Negligence

Providing dedicated legal assistance for patients affected by clinical malpractice, including wrong treatment.

Goods Obligation

Handling cases involving defective products, providing specialist legal assistance to individuals affected by defective items.

Senior Neglect

Defending the rights of nursing home residents who have been subjected to misconduct in aged care environments, ensuring fairness.

Trip & Slip Injuries

Professional in managing slip and fall accident cases, providing legal representation to persons seeking justice for their suffering.

Childbirth Damages

Supplying legal aid for households affected by medical carelessness resulting in childbirth injuries.

Vehicle Mishaps

Mishaps: Committed to assisting patients of car accidents secure fair remuneration for damages and harm.

Bike Mishaps

Expert in providing legal advice for bikers involved in two-wheeler accidents, ensuring just recovery for losses.

Big Rig Collision

Extending specialist legal support for individuals involved in truck accidents, focusing on securing rightful compensation for harms.

Construction Mishaps

Concentrated on defending workers or bystanders injured in construction site accidents due to oversights or irresponsibility.

Brain Injuries

Dedicated to offering compassionate legal support for victims suffering from cerebral injuries due to negligence.

K9 Assault Injuries

Skilled in dealing with cases for individuals who have suffered harms from dog bites or creature assaults.

Foot-traveler Crashes

Expert in legal services for joggers involved in accidents, providing comprehensive support for recovering restitution.

Unwarranted Fatality

Standing up for families affected by a wrongful death, supplying empathetic and expert legal support to ensure compensation.

Vertebral Impairment

Committed to supporting patients with vertebral damage, offering expert legal support to secure redress.

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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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