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Wrongful Death Attorney in McCullom Lake

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About Carlson Bier Associates

When dealing with an incredibly painful event such as a wrongful death, you need a reliable and experienced attorney to help you through this trying phase. Carlson Bier is an exceptional choice in handling these sensitive matters effectively. As distinguished personal injury lawyers familiar with Illinois law, we offer comprehensive assistance specifically tailored to wrongful death cases. Our vast knowledge base enables us to provide strategic legal counsel that has time and again achieved positive outcomes for our clients. At Carlson Bier, we invest heavily into every case we handle; considerable analytic effort goes into ensuring the best representation possible for your case’s unique circumstances. Recognized for professional excellence and integrity within the state of Illinois, choosing us means having a dedicated advocate equipped with profound expertise in addressing complex issues related to wrongful death claims at your side throughout this difficult period in life.Turn your trust towards Carlson Bier if you seek proven excellence enshrined on integrity when pursuing justice in a Wrongful Death lawsuit.

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Wrongful Death Lawyers in McCullom Lake Illinois

At Carlson Bier, we are a team of highly dedicated personal injury attorneys experienced in representing Illinois residents dealing with the tragic aftermath of wrongful death. Our firm’s expertise is built on our commitment to advocate for those innocently affected by another’s negligent actions. If you’re coping with such a devastating event and are unsure of what legal avenues to pursue, allow us to provide comprehensive information about wrongful death lawsuits.

Wrongful death occurs when an individual suffers fatal injuries due to someone else’s negligence or willful misconduct. This can encompass various circumstances ranging from car accidents caused by drunk driving, work-related incidents due to disregarding safety measures, or even medical malpractice where healthcare professionals fail in their duty of care towards patients.

A wrongful death lawsuit seeks compensation for the deceased person’s relatives and dependents who suffer monetarily because of the demise. Surviving family members may claim damages incurred including but not limited to:

– Lost wages that the deceased would have earned

– Funeral and burial expenses

– Medical expenses related to the deceased’s final illness or injury

– Loss of companionship

Eligibility to file a wrongful death claim can vary depending on relationships; typically spouses, children (natural and adopted), parents (if the deceased was unmarried without offspring) are legally entitled. However, eligibility in Illinois includes siblings and distant blood relatives if they were financially dependent upon the decedent.

Importantly, time limits exist in pressing wrongful death charges known as Statutes of Limitations which dictate how long you have before filing a lawsuit becomes ineligible – generally two years following actual knowledge of facts suggesting possible wrongdoing relating to your loved one’s passing.

Navigating through these critical aspects calls for legal expertise – this is where Carlson Bier steps in. We understand that no amount of financial compensation can ever replace your loss nevertheless receiving just recompense aids materially during unthinkably tough times allowing some sort movement towards rebuilding lives post-disaster.

Our approach towards resolving wrongful death claims is empathetic yet strategic. We first invest substantial hours in discerning the heart of each case via intensive fact-finding supported by deploying resources like private investigators and expert testimonies to establish indisputable evidence validating your claim. Our strategy also entails pragmatic negotiation with insurance companies because quite often they aim to minimize payouts in pursuit of their profit objectives.

In instances where settlements aren’t reasonable and fair, our litigators are ready for aggressive court representation to ensure the best possible outcome for you; keeping you informed throughout proceedings without overwhelming legal jargon but straightforward language.

Your rights matter at Carlson Bier, as personal injury attorneys based in Illinois we’ve spent decades championing those experiencing profound grief amidst complicated legal terrain – it isn’t a journey you need face alone. By rendering unwavering support alongside our nationally recognized skill, we strive to curtail added stress allowing you space for bereavement while facing tomorrow’s uncertainties.

Remember that every wrongful death case uniquely varies hinged upon particular circumstances hence quantifying potential compensation figures remains speculative until comprehensive investigation unfolds all integral factors. Armed with this knowledge why not leverage on our free assessment offer? Simply click the button below and get your query answered by Illinois’ competent personaI injury attorney firm – discover today what relevant options lie ahead specific to your unique situation offering greater clarity about rightful compensatory possibilities.

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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 McCullom Lake

Areas of Practice in McCullom Lake

Bike Collisions

Focused on legal representation for clients injured in bicycle accidents due to responsible parties' negligence or unsafe conditions.

Burn Traumas

Offering professional legal help for sufferers of major burn injuries caused by mishaps or indifference.

Clinical Malpractice

Ensuring experienced legal advice for persons affected by medical malpractice, including negligent care.

Items Obligation

Managing cases involving faulty products, supplying professional legal services to consumers affected by product-related injuries.

Senior Neglect

Supporting the rights of nursing home residents who have been subjected to abuse in care facilities environments, ensuring compensation.

Tumble & Trip Occurrences

Professional in dealing with trip accident cases, providing legal advice to sufferers seeking compensation for their damages.

Newborn Damages

Supplying legal aid for loved ones affected by medical incompetence resulting in neonatal injuries.

Motor Accidents

Incidents: Dedicated to assisting individuals of car accidents get equitable settlement for harms and impairment.

Motorcycle Crashes

Specializing in providing legal assistance for individuals involved in motorbike accidents, ensuring fair compensation for traumas.

Big Rig Crash

Ensuring expert legal support for individuals involved in lorry accidents, focusing on securing rightful compensation for harms.

Worksite Crashes

Committed to defending workers or bystanders injured in construction site accidents due to carelessness or recklessness.

Brain Traumas

Committed to ensuring expert legal services for individuals suffering from head injuries due to carelessness.

K9 Assault Wounds

Skilled in managing cases for persons who have suffered injuries from dog bites or wildlife encounters.

Pedestrian Incidents

Dedicated to legal services for foot-travelers involved in accidents, providing expert advice for recovering claims.

Unjust Loss

Working for bereaved affected by a wrongful death, extending compassionate and skilled legal support to ensure compensation.

Backbone Harm

Focused on representing individuals with spine impairments, offering dedicated legal guidance to secure justice.

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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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