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Wrongful Death Attorney in New Berlin

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Jeff Bier – Founding Partner At Carlson Bier Best Personal Injury Lawyer In Chicago
Carlson Bier - 14 W Superior St Ste. 1503, Chicago, Il 60654, United States

About Carlson Bier Associates

Experiencing the grievous loss of a loved one through wrongful death is an overwhelming ordeal. Amidst this crisis, Carlson Bier emerges dedicatedly to serve as your champion and advocate. Renowned throughout Illinois for their expert legal representation in the sphere of personal injury law, they have built a reputation based on genuine empathy combined with strategic jurisprudence. They distinctly interpret complexities associated with Wrongful Death lawsuits to secure fair compensation for their clients’ profound setbacks. What uniquely positions them among others is perhaps their ability to recognize and understand that every case brings its own set of nuanced dynamics requiring individual attention and meticulous preparation —and that’s what you get at Carlson Bier— organized teamwork mirrored in an impactful litigation procedure aimed at smooth execution aiming favorable outcomes during unsettling times. Unwavering dedication coupled with unwavering pursuit of justice makes Carlson Bier your ideal selection when choosing a proficient Wrongful Death Attorney anywhere across Illinois including New Berlin. Trusting them is empowering yourself amidst adversity.

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About Carlson Bier

Wrongful Death Lawyers in New Berlin Illinois

At Carlson Bier, we understand that losing a loved one in tragic circumstances can bring about an indescribable amount of pain and confusion. Our compassionate team of personal injury attorneys is experienced in handling the most difficult aspects of Wrongful Death lawsuits and are dedicated to helping you get through this trying period.

Wrongful Death refers to a legal action brought forth by surviving relatives when their loved one dies due to the negligence or intentional harm caused by another party – whether it’s an individual, company, or institution. It’s a daunting situation to face alone and understanding your rights during such times is paramount.

Being well-informed about the process can lay a solid foundation for effective pursuit of your claim. In Illinois, only certain individuals have the right to file a Wrongful Death lawsuit – specifically, immediate family members like a spouse or children, and occasionally extended family members under unique conditions.

The following bullet points highlight crucial factors involved:

– Establishing liability: For your wrongful death lawsuit to be successful, it must be determined beyond all reasonable doubt that the defendant was responsible for your relative’s death through negligent or reckless actions.

– Proving damages: You also need evidence supporting non-economic damages – emotional suffering financial losses suffered as result of your loved one’s untimely demise.

– Statute of limitations: Typically, grieving families have up to two years from time of passing to file wrongful death claims in Illinois but exceptions may apply based on specific situations.

Entrust us with seeking appropriate compensation on behalf owners who face premature loss at hands careless individuals or organizations. We fight tirelessly so you’re well compensated for loss support service income inheritance potential diminished parental guidance along sorrow mental anguish incurred because saddening event.

We take pride in providing personalized attention each detail related case steer clear generic answers empowering information meets unique needs our clients’ cases while shedding light complex procedures intricacies pertaining lawfulness within scope practice across Illinois. At heart ethos lies deep commitment cause values dignity compassion relentless pursuit justice uphold during difficult time.

Remember, pursuing a Wrongful Death lawsuit is not about putting a price tag on your loved one’s life. Instead, it’s a way of holding the responsible parties accountable for their actions that led to such an unfortunate event while securing financial stability and closure for the grief-stricken families after unthinkable loss.

At Carlson Bier, we don’t just represent clients; we partner with them as they navigate this challenging ordeal. We are equipped with extensive legal experience and a tireless passion for helping grieving families reach closure, which has earned us recognition among top attorney groups in Illinois. Our aggressive representation has seen countless victims and their families receive rightful settlements.

Embarking on this journey means opening up old wounds and reliving painful moments. Nonetheless, seeking justice through Wrongful Death claims may serve to bring solace offering a sense of closure to survivors by acknowledging that their dear departed did not die in vain.

We invite you now to take this important step toward justice by reaching out to us at MCarlson Bier. Click on the button below today so we can assist you in understanding how much your case could potentially be worth while dispelling any lingering doubts or concerns regarding our law practice capabilities across Illinois. Rest assured, your pursuit of morality with us will reflect our deepest integrity as esteemed personal injury lawyers committed unwaveringly to your cause.

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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 New Berlin

Areas of Practice in New Berlin

Bike Incidents

Specializing in legal assistance for clients injured in bicycle accidents due to other parties' negligence or hazardous conditions.

Thermal Burns

Giving professional legal help for individuals of grave burn injuries caused by mishaps or carelessness.

Hospital Negligence

Offering specialist legal support for patients affected by physician malpractice, including misdiagnosis.

Goods Fault

Managing cases involving faulty products, extending professional legal services to consumers affected by defective items.

Nursing Home Mistreatment

Defending the rights of seniors who have been subjected to abuse in care facilities environments, ensuring compensation.

Stumble and Slip Occurrences

Professional in dealing with trip accident cases, providing legal support to individuals seeking justice for their suffering.

Birth Injuries

Extending legal guidance for households affected by medical carelessness resulting in newborn injuries.

Motor Collisions

Crashes: Focused on guiding sufferers of car accidents gain equitable compensation for injuries and losses.

Scooter Crashes

Specializing in providing legal assistance for riders involved in bike accidents, ensuring just recovery for damages.

Truck Accident

Extending expert legal support for individuals involved in truck accidents, focusing on securing fair claims for hurts.

Building Mishaps

Engaged in supporting workers or bystanders injured in construction site accidents due to safety violations or misconduct.

Cerebral Traumas

Specializing in delivering compassionate legal representation for clients suffering from cerebral injuries due to negligence.

Dog Attack Harms

Specialized in handling cases for people who have suffered harms from dog attacks or animal assaults.

Jogger Incidents

Specializing in legal services for joggers involved in accidents, providing comprehensive support for recovering compensation.

Unfair Death

Fighting for bereaved affected by a wrongful death, extending compassionate and expert legal assistance to ensure justice.

Vertebral Trauma

Committed to advocating for persons with vertebral damage, offering specialized legal assistance to secure redress.

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312-313-2440