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Wrongful Death Attorney in McHenry

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About Carlson Bier Associates

In the unfortunate event of a wrongful death, understanding your legal rights and taking prompt action are essential. Emotions can run high during such difficult times, and that is when you need competent legal guidance like Carlson Bier to navigate these complex territories in McHenry. As seasoned Wrongful Death attorneys, we relentlessly pursue justice for our clients with compassion and tenacity. Carlson Bier has unparalleled expertise handling an array of wrongful death claims arising from medical malpractice, work-place accidents or fatal motor vehicle collisions amongst others throughout Illinois including McHenry. We understand the profound impact such tragedies have on loved ones; thus our mission to provide proficient legal support whilst holding responsible parties accountable. Assertive yet empathetic ,we focus wholly on helping families recover what they deserve through exhaustive investigation designed to unveil crucial facts underpinning each case.Our impressive track record testifies our commitment towards obtaining compensation commensurate with financial burdens imposed by untimely demises.Choosing Carlson Bier implies choosing relentless pursuit of justice backed by comprehensive experience.Uncover paths toward fair restitution today with us at your side every step of the way.

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About Carlson Bier

Wrongful Death Lawyers in McHenry Illinois

When it comes to navigating the heart-wrenching experiences associated with wrongful death claims, Carlson Bier is uniquely prepared as a leading personal injury attorney group in Illinois. We strive for understanding and empathy amidst the technicalities of law, providing you with top-rated legal expertise rooted in compassion.

Wrongful death stands as an integral part of personal injury law; it pertains to cases where negligent actions lead to the untimely demise of loved ones. The unexpected loss can leave families shattered, grappling with grief alongside financial strain due to lost income or excessive medical bills. Parties found responsible could include individuals, corporations, or government entities showing negligence or misconduct that resulted in a fatality – from motor accidents and workplace hazards to medical malpractice.

• Motor vehicle accidents: A substantial proportion of wrongful death suits arise from traffic incidents.

• Workplace accidents: These prevail especially in industries like construction where risks are inherently high.

• Medical malpractice: Either through mistakes during surgery or failure to diagnose lethal conditions timely.

At Carlson Bier, we understand the profound emotional toll such losses impose while recognizing your need for justice. We guide our clients delicately through each step of the process whilst ensuring vigorous representation for their interests.

Here’s what you should know about initiating a claim:

– Eligibility: In Illinois, direct family members (parents, spouses, children) have standing to pursue wrongful death lawsuits. However, others who were financially dependent on the deceased might also be eligible under some circumstances.

– Statute of limitations: Wrongful death claims must typically be filed within two years following death. However, nuances apply depending on specific situations; hence consulting professional help is critical.

– Damages sought may include but aren’t limited to economic factors such as funeral costs or lost wages; non-economic elements like mental anguish or loss of companionship also hold considerable weightage.

At Carlson Bier team ensures not only expertise at deciphering these intricacies but, more importantly, the empathetic approach essential for such sensitive matters. With us, you find a team that is both relentless in its quest for justice and deeply compassionate in its service delivery.

Reaching out to competent legal help promptly can optimize your chances of fair compensation. Acting swiftly ensures valuable evidence remains intact and respects statutory deadlines. Any delay might compromise your ability to secure restitution fully commensurate with your loss.

While no monetary value can truly compensate the emotional toll of losing loved ones, reaching out to Carlson Bier’s personal injury attorney group presents a step towards justice. Our dedicated attorneys excel at balancing sensitivity with diligence. Achieving this balance means we ardently pursue fair settlements while providing comfort amidst a distressing time – be it through promptly returned calls or remembering significant dates related to your case.

Every wrongful death claim encompasses unique circumstances warranting customized attention- something which we pride ourselves on delivering impeccably every single time. We pledge our unwavering assistance, fighting steadfastly for you and bringing malicious entities accountable for their actions

We invite you now; take that pivotal leap towards restoring justice for your loved one’s untimely demise—click the button below to discover how much their case might potentially yield. Our skilled attorneys are ready and waiting, prepared not just as professional legal allies- but also as compassionate supporters amid the journey ahead.

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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 McHenry

Areas of Practice in McHenry

Bike Crashes

Dedicated to legal services for persons injured in bicycle accidents due to negligent parties' indifference or perilous conditions.

Flame Injuries

Providing skilled legal support for individuals of severe burn injuries caused by incidents or recklessness.

Hospital Malpractice

Providing dedicated legal support for clients affected by physician malpractice, including medication mistakes.

Products Fault

Handling cases involving defective products, supplying expert legal support to individuals affected by faulty goods.

Geriatric Neglect

Protecting the rights of seniors who have been subjected to misconduct in senior centers environments, ensuring protection.

Trip and Tumble Incidents

Professional in managing tumble accident cases, providing legal advice to individuals seeking redress for their harm.

Neonatal Damages

Extending legal aid for families affected by medical incompetence resulting in childbirth injuries.

Car Incidents

Accidents: Focused on supporting individuals of car accidents receive reasonable payout for injuries and destruction.

Scooter Mishaps

Committed to providing legal support for motorcyclists involved in scooter accidents, ensuring fair compensation for losses.

18-Wheeler Accident

Delivering professional legal representation for drivers involved in truck accidents, focusing on securing rightful recovery for losses.

Construction Site Accidents

Engaged in defending workmen or bystanders injured in construction site accidents due to negligence or negligence.

Head Damages

Expert in extending professional legal representation for persons suffering from neurological injuries due to carelessness.

Dog Attack Damages

Adept at tackling cases for persons who have suffered harms from puppy bites or animal assaults.

Pedestrian Mishaps

Committed to legal services for foot-travelers involved in accidents, providing dedicated assistance for recovering claims.

Undeserved Passing

Advocating for relatives affected by a wrongful death, extending sensitive and adept legal support to ensure justice.

Spine Injury

Committed to advocating for individuals with paralysis, offering compassionate legal guidance to secure recovery.

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312-313-2440