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Wrongful Death Attorney in Montgomery

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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

In the face of wrongful death, trust Carlson Bier. Serving Montgomery and wider Illinois area with a collective wealth of knowledge and honed expertise, this proficient team is steadfast in providing exemplary legal services whilst navigating through such grievous times. Recognized for their exceptional track record in securing rightful compensation, these attorneys bring empathy to their craft; understanding your plight at its deepest level while standing firm against negligent parties who cause wrongful deaths.

At Carlson Bier, each case is treated individually because justice isn’t one size fits all! This highly skilled group lends an attentive ear to every detail making sure nothing goes unnoticed while seeking justice relentlessly as they know just how crucial swift resolution can be during this sensitive period! The seasoned lawyers at Carlson Bier are adept not only on law theory but also have substantial courtroom experience which solidifies them as reputable opponents capable of advocating competently for grieving families.

Choose excellence – Choose strength – Choose peace: opt for reliable representation with Carlson Bier when dealing with Wrongful Death cases- because when it comes down to brokering justice during difficult times nobody matches up quite like them.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Montgomery Illinois

At Carlson Bier, we pride ourselves on our robust expertise in personal injury law and a tireless commitment to seeking justice for victims of wrongful death. As an Illinois-based group of esteemed attorneys, we understand that the loss of a loved one in circumstances where negligence or recklessness were at play is extraordinarily challenging. The grief can be overwhelming, further intensified by legal matters which often come across as excessively complicated.

To distill this complexity into layman understanding, wrongful death refers to when an individual’s untimely demise is triggered by another person or establishment’s negligent actions – it could be due to medical malpractice, hazardous workplace conditions, defective products, car accidents amongst other scenarios. This unlawful act causes mental agony and profound economic losses. Recognizing this predicament endured by many families across Illinois and being your powerful ally is what drives the passionate work at Carlson Bier.

Here are some key elements that you need to keep in mind while dealing with a wrongful death:

• Establishing Fault: It must be proven that the defendant’s negligent action or failure led directly to the deceased individual’s fatality.

• Provable Damages: Concrete evidence needs to support claims regarding financial loss and emotional affliction caused by the tragic event.

• Statute of Limitations: In Illinois, generally speaking, such cases must be filed within two years from the occurrence triggering the claim.

• Insurance Settlements: Engaging professional help can assist in calculating fitting compensation amounts realistically representing damaged incurred.

Navigating through these aspects without expert counsel can lead you down convoluted paths unsure about correct proceedings thus extending timelines significantly delaying closure. Furthermore since each case has its distinctive facts requiring tailored strategies deployed at right times inherent experience plays a pivotal role during trials hence choosing suitable representation becomes crucial.

Armed with vast knowledge accumulated over substantial years coupled with compassionate client handling makes us stand out uniquely contributing our credible success rate in persuading maximum payouts for clients involving wrongful deaths. When Carlson Bier takes up your case, our stalwart team deeply delves into every facet of the grievance uncovering less obvious evidences which could tilt scales in your favor during trials.

You deserve to have all questions addressed completely and feel heard throughout this arduous period, hence rest assured that with us you’re not just another case number lost among mounds of files but a respected discernible entity whose pain resonates with every member driving them towards seeking rightful solutions relentlessly. We are here to ensure the law serves its purpose in vigorously punishing culpable parties for their heedless actions simultaneously aiding families to gain some modicum of financial relief when no amount can truly compensate their irreplaceable loss.

Our optimism has been a strong beacon of hope for countless clients keeping them buoyant through intense court battles resulting in favorable outcomes testifying our relentless commitment irrespective of onslaughts faced. We understand, empathize, strategize and advocate weaving an intimate cord of trust ensuring positive client experiences transitioning from despair spaces to paths dotted with hopeful rays.

Towards that end, whether you reside in bustling metropolitan areas or serene countryside we steadfastly serve the entire geographical expanse within Illinois never flinching at lengths needed fostering seamless justice treks redefining perceptions about legal entities one interaction at a time.

If you wish to explore more details regarding your particular circumstances; how specific laws would bear on your case; what amounts are generally associated as settlements etc., it is suggested you reach out independently activating personalized interactions availing valuable insights specifically geared towards boosting confidence and offering sustainable support systems during dire straits. Allow us an opportunity to assist proactively navigating these muddy waters simplifying it into actionable steps propelling successful closure consummating satisfaction beyond expectation realms deeply ingraining positive impacts charted along unwavering ethical lines echoing verdict symphonies across Illinois courthouses soon finding resonance within numerous hearts nurturing supreme faith enduring litigations successfully emerging victorious.

Unleash actionable paths leading to feasible solutions by clicking the button below offering an intuitive tool designed specially towards instantly addressing your queries about potential worth inquisitive case owners could expect with us fighting diligently by your side. Let indispensable objective—not just legal justice, but actual human justice—inform every step we take together from here on out. Click to discover a future where despair recedes and hope prevails.

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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 Montgomery

Areas of Practice in Montgomery

Bicycle Incidents

Proficient in legal representation for persons injured in bicycle accidents due to other parties' lack of care or perilous conditions.

Flame Traumas

Supplying specialist legal support for individuals of major burn injuries caused by accidents or indifference.

Physician Negligence

Ensuring dedicated legal support for individuals affected by healthcare malpractice, including medication mistakes.

Products Responsibility

Dealing with cases involving faulty products, providing skilled legal assistance to consumers affected by faulty goods.

Geriatric Abuse

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

Tumble & Slip Injuries

Skilled in dealing with trip accident cases, providing legal assistance to victims seeking redress for their harm.

Infant Damages

Extending legal aid for loved ones affected by medical incompetence resulting in birth injuries.

Automobile Crashes

Incidents: Concentrated on aiding sufferers of car accidents gain just settlement for harms and losses.

Motorbike Accidents

Committed to providing representation for bikers involved in bike accidents, ensuring just recovery for damages.

18-Wheeler Collision

Extending experienced legal services for persons involved in lorry accidents, focusing on securing adequate recovery for harms.

Building Incidents

Committed to assisting staff or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Cerebral Injuries

Expert in providing professional legal services for clients suffering from cognitive injuries due to incidents.

Dog Attack Wounds

Proficient in tackling cases for people who have suffered injuries from canine attacks or animal assaults.

Foot-traveler Mishaps

Dedicated to legal support for pedestrians involved in accidents, providing expert advice for recovering restitution.

Unfair Fatality

Striving for relatives affected by a wrongful death, extending sensitive and professional legal assistance to ensure compensation.

Spine Damage

Committed to advocating for individuals with vertebral damage, offering professional legal assistance 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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