Wrongful Death Attorney in Markham

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About Carlson Bier Associates

In the aftermath of a tragic loss, Carlson Bier provides unwavering support and stellar legal representation to families impacted by wrongful death circumstances in Markham. Our primary objective is not only to pursue justice but also secure maximum compensation for our clients as they grapple with their devastating circumstances. Boasting years of litigation experience surrounding wrongful death cases, we have established an impressive track record that stands testament to our commitment and expertise. Our attorneys adeptly navigate Illinois’ complex statutes while taking into consideration the pain inflicted upon bereaved family members due to the negligent actions or omissions accountable for a loved one’s demise. With compassion at its heart, Carlson Bier’s approach heightens client comfort during these challenging times by ensuring transparent communication at every stage throughout this tumultuous journey. Opting for our seasoned lawyers implies opting for dedicated allies who will fiercely advocate on your behalf when it matters most—making us an exceptional choice amongst those requiring wrongful death legal assistance in Markham.

About Carlson Bier

Wrongful Death Lawyers in Markham Illinois

At the esteemed Carlson Bier law firm, we are supremely cognizant of the profound sorrow and emotional burden our clients experience after losing a loved one due to another’s negligence or intentional misconduct. Missing the warmth, affection, and financial support of a family member can cause significant trauma that is worsened when the death is unexpected and wrongful. We extend our sincerest condolences in your difficult time but would like to assure you that all measures should be taken for justice to prevail.

Based in Illinois, Carlson Bier specializes in wrongful death suits and possesses intricate knowledge about how they operate within state legal systems. If someone caused harm resulting in a fatality due to their action or lack of prudent action, it constitutes as ‘wrongful death.’ This comprehensive term accommodates various scenarios such as reckless driving causing a fatal accident or medical practitioners who end up hastily terminating life through their negligent actions.

To elaborate on key aspects further:

– Illinois statute prescribes specific standards of proof for demonstrating liability in wrongful death cases. You need expert legal advocacy to successfully navigate this delicate space.

– Typically receivership for funds recovered usually rests with next kin such as spouse or children

– The Statute of Limitations applies which requires suit initiation within prescribed timeline from occurrence of tortuous act

We understand these initial pieces may be hard process given present circumstances hence our deft team remain available night and day ensuring no queries go unanswered nor any uncertainty persists along affair navigation.

Our experienced personal injury attorneys aim at equipping you with all necessary information, enabling sound decision-making amid highly stressful circumstances. Having critically analyzed thousands of potential wrongful death cases across years at hand, we comprehend unique factors forming each case and vital data manipulations affecting its successful representation in court.

In terms tailoring strategy per case needs, Carlson Bier truly stands apart by assuring specialized attention every step along way after acknowledging varying natures individual situations hold notably different consequences pertaining wrongful deaths. Our approachable personal injury attorneys go beyond typical attorney-client relationships by empathizing with your loss and assisting patiently throughout dichotomies legal jargons often pose to layman clients.

We enjoy asserting wrongful death laws don’t always function statically but rather get interpreted amid context present case facts, previous ruling precedents along what judges deem reasonable under existing provisions plus they’re potential influence on public policy. Hence our primary goal throughout ensuring rightful compensation acquisition involves presenting strongest case possible clearly demonstrating defendant’s chargeability about alleged crime.

As wrongful death cases law firm specialists, we’ve consistently maximized financial compensation for bereaved families across Illinois while providing invaluable legal advice soothing client anxieties during their harrowing journey towards justice for the deceased. You might want some insight pertaining to potential claim worth for determining future course of action hence we have made available an interactive tool just below.

Before parting ways, dear reader, our message comes infused with promise alongside empathy– You aren’t alone in this struggle towards justice and recompense – here at Carlson Bier holds a dedicated team speaking languages of both compassion and law assisting you holidaying your way through stormy days following loved one’s unjust demise. Get started now by clicking the button below – find out how much your case could be worth, without any commitment or upfront fees. Your fight becomes Carlson Bier’s fight once you take this small yet significant step towards recovery from such a tragic life event.

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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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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 Markham

Areas of Practice in Markham

Bicycle Crashes

Focused on legal representation for persons injured in bicycle accidents due to other parties' recklessness or dangerous conditions.

Flame Traumas

Supplying expert legal services for patients of grave burn injuries caused by mishaps or negligence.

Hospital Negligence

Ensuring experienced legal advice for clients affected by healthcare malpractice, including negligent care.

Items Liability

Handling cases involving unsafe products, delivering specialist legal services to victims affected by product-related injuries.

Geriatric Abuse

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

Fall and Stumble Mishaps

Professional in addressing tumble accident cases, providing legal advice to sufferers seeking justice for their harm.

Birth Injuries

Offering legal help for loved ones affected by medical incompetence resulting in birth injuries.

Motor Collisions

Crashes: Dedicated to guiding victims of car accidents gain fair recompense for damages and impairment.

Scooter Collisions

Committed to providing legal services for motorcyclists involved in two-wheeler accidents, ensuring adequate recompense for damages.

Big Rig Accident

Extending specialist legal support for victims involved in truck accidents, focusing on securing adequate claims for injuries.

Construction Site Incidents

Committed to advocating for workers or bystanders injured in construction site accidents due to oversights or recklessness.

Cognitive Traumas

Expert in ensuring compassionate legal assistance for persons suffering from cerebral injuries due to accidents.

Dog Bite Damages

Expertise in tackling cases for clients who have suffered damages from canine attacks or beast attacks.

Foot-traveler Collisions

Committed to legal services for walkers involved in accidents, providing dedicated assistance for recovering claims.

Unwarranted Death

Standing up for bereaved affected by a wrongful death, supplying sensitive and skilled legal representation to ensure restitution.

Backbone Injury

Expert in representing patients with spinal cord injuries, offering expert legal guidance to secure settlement.

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