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Wrongful Death Attorney in Mendota

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Navigating the complexities of a wrongful death lawsuit requires experienced legal expertise. Turning to Carlson Bier, renowned for their dedicated and comprehensive commitment towards personal injury litigation in Illinois can be your optimal choice. Premised on an exemplary record of successful resolutions, our attorneys possess extensive proficiency in investigating cases meticulously while upholding compassion and empathy at heart for grieving families in Mendota going through such harrowing trials. Apprehending regulations surrounding wrongful death claims often appear complicated; as Carlson Bier’s team we pledge staunch legal support simplifying these complex legal facets with clear counsel ensuring rightful compensation is pursued energetically. In these trying times, you need a potent representative who understands both fundamental human emotional travails and intricate technicalities concerning laws related to wrongful deaths situations – that’s precisely what you receive from Carlson Bier, nothing less than excellence! It’s not just about winning cases: it’s assisting those bereaved seeking justice following devastating losses – we pride ourselves on prioritizing that core belief unwaveringly. Trust us at Carlson Bier to provide this level of service when choosing representation for wrongful death claims.

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About Carlson Bier

Wrongful Death Lawyers in Mendota Illinois

At Carlson Bier, we are a dedicated group of personal injury attorneys based in Illinois. We have earned recognition for our exceptional service in representing the victims of wrongful death cases. Life’s unpredictable circumstances can lead to dire consequences and a sense of deep loss if someone dies due to another party’s negligence or deliberate action. It is also emotionally taxing and naturally distressing for the family members left behind; they are confronted with financial difficulties tied up to medical bills, funeral expenses, potential loss of future income, psychological counseling, and much more.

A wrongful death lawsuit seeks compensation from those responsible for your loved one’s unexpected demise. At Carlson Bier, we take great pride in providing comprehensive legal representation during such challenging times to ensure that justice is served and fair compensation obtained.

Here are some key points you must understand about wrongful death:

• Wrongful Death Claim Definition: A claim may stem from incidences involving carelessness or misconduct leading to fatal outcomes like car accidents caused by drunk driving, assault/battery resulting in fatality, product malfunction causing deadly injuries among others.

• Standing to File a Lawsuit: The immediate surviving family members primarily file these claims – these often include spouse, children (both minors and adults), adopted children or parents of unmarried minors depending upon the juridical guidelines.

• Damages Eligible for Compensation: In most instances, it can cover everything from final medical bills incurred by deceased pre-death (also known as “pain and suffering”), funeral/burial costs, estate administration expenses, loss of expected earnings/inheritance along with non-economic damages like loss of love/companionship/contribution.

Our team at Carlson Bier will help translate these complex legal concepts into an actionable plan tailored specifically around your case’s unique requirements ensuring maximum possible recovery while preserving dignity amidst adversity.

The Statute of Limitations acts as an essential factor dictating how long after an incident has occurred can you file a wrongful death lawsuit. While the Illinois Wrongful Death Act generally provides a two-year window from date of death, different rules may apply if medical malpractice or governmental entities are involved necessitating an immediate expert consultation once tragedy strikes.

We understand the weight of these circumstances and promise to treat your case with both urgency and compassion – shouldering legal burden so you can focus on healing. With our swathe of experience handling wrongful death suits, rest assured knowing we will rigorously fight for justice in your loved one’s name.

At Carlson Bier, we believe in giving personalized attention to every client we serve. From the moment you step into our office, there’s a precise methodology designed to put your needs at the forefront and cover each facet diligently – understanding unique facts about the case; identifying applicable laws/statutes; constructing robust arguments backed with strong factual legitimacy/evidential support; rigorous trial preparation until satisfactory resolution.

What sets us apart is our unwavering commitment towards establishing indisputable liability while battling hard-nosed insurance adjusters or other dangerous adversaries. We leverage years of comprehensive trial expertise, sharp negotiation skills coupled with compassionate client service setting high-priority on consistent communication about case progress preparing clients before major court appearances/depositions/mediation sessions providing near round-the-clock accessibility responding promptly to inquiries/concerns ensuring total peace of mind amidst adversity.

Time stands still after such devastating losses; yet it’s important to promptly seek legal advice ensuring fair compensation for sustained damages helping regain control over life. Feel free to reach out and begin discussing potential relief avenues via court-awarded damages further empowering yourself during trying times.

The unimaginable pain experienced by family members following their loved ones’ unjust demise mustn’t be aggravated by monetary strains borne out of someone else’s neglect/recklessness. Take assertive steps today helping engrave your cherished memories forever without financial concerns clouding them ever again.

Click on the button below now, and let Carlson Bier help you understand the worth of your case. Your pursuit of justice for a loved one must not wait. Protect your family’s future; take the first step today. Our dedication rests firmly on safeguarding your rights bringing much-needed closure in these tragic times.

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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 Mendota

Areas of Practice in Mendota

Two-Wheeler Mishaps

Focused on legal assistance for persons injured in bicycle accidents due to others's indifference or hazardous conditions.

Flame Damages

Supplying adept legal advice for individuals of severe burn injuries caused by mishaps or carelessness.

Clinical Malpractice

Delivering expert legal representation for clients affected by medical malpractice, including medication mistakes.

Merchandise Accountability

Addressing cases involving dangerous products, offering adept legal help to individuals affected by defective items.

Senior Abuse

Supporting the rights of elders who have been subjected to malpractice in care facilities environments, ensuring justice.

Trip & Tumble Injuries

Skilled in handling tumble accident cases, providing legal services to persons seeking compensation for their harm.

Newborn Injuries

Providing legal help for relatives affected by medical misconduct resulting in childbirth injuries.

Vehicle Incidents

Accidents: Dedicated to aiding individuals of car accidents receive just remuneration for harms and losses.

Scooter Incidents

Specializing in providing legal services for individuals involved in motorcycle accidents, ensuring adequate recompense for losses.

18-Wheeler Collision

Extending specialist legal representation for persons involved in semi accidents, focusing on securing just compensation for injuries.

Construction Site Crashes

Dedicated to advocating for workmen or bystanders injured in construction site accidents due to recklessness or misconduct.

Cognitive Harms

Committed to delivering dedicated legal assistance for patients suffering from neurological injuries due to misconduct.

K9 Assault Harms

Specialized in dealing with cases for individuals who have suffered traumas from puppy bites or wildlife encounters.

Jogger Incidents

Expert in legal advocacy for joggers involved in accidents, providing dedicated assistance for recovering damages.

Unfair Fatality

Fighting for loved ones affected by a wrongful death, extending compassionate and adept legal support to ensure redress.

Backbone Impairment

Focused on advocating for victims with vertebral damage, offering compassionate legal assistance to secure settlement.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440