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Wrongful Death Attorney in New Lenox

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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

When dealing with the tragic situation of a wrongful death, it is crucial to entrust your case to an experienced, compassionate legal team. Carlson Bier should be at the forefront of such considerations. Based in Illinois and servicing the New Lenox area, we maintain an impeccable reputation for our unfaltering dedication and exceptionality in handling these sensitive cases. Our skilled team brings quality experience and legal knowledge that you can rely on during difficult times like these. We stand by our clients through every step of their journey toward justice, capitalizing on our vast resources and expertise to ensure they receive rightful compensation for their loss. Not only are we known for obtaining commendable settlements but also genuinely caring about each unique client’s well-being while navigating this distressful period together. As seasoned wrongful death attorneys with a passion for helping others find closure after devastating losses – there is no better choice than Carlson Bier when faced with such challenging circumstances in New Lenox or beyond its borders.

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About Carlson Bier

Wrongful Death Lawyers in New Lenox Illinois

At Carlson Bier, we are dedicated to providing top-notch legal services and personalized care for individuals dealing with the traumatic aftermath of a personal injury. One particular focus of ours is Wrongful Death cases which occur when an individual perishes as a result of another party’s negligence or wrongful action. The associated emotional turmoil further complicated by intricate legal intricacies often leaves victims’ families burdened. We strive to shoulder the complexities while they focus on their healing process.

Understanding the dynamics around Wrongful Deaths is essential in appreciating the contribution our experienced attorneys at Carlson Bier bring to your case. In legal terms, signaling out responsibility onto an entity for causing death through negligent behavior forms the core basis for these lawsuits. For instance, a healthcare provider may administer wrong medication dosage or fail to diagnose a condition correctly resulting in a fatal outcome; such actions can fall under Wrongful Deaths.

However, successfully establishing liability requires specialized skills that only seasoned professionals like us possess. Demonstrating four critical elements is paramount:

• Duty of Care: Did the defendant owe duty-of-care towards the deceased?

• Breach of Duty: Did their actions constitute as breach against this duty?

• Direct Cause: Can it be substantiated that said breach caused direct harm eventually leading to fatality?

• Damages: Was there measurable damage incurred due to this unfortunate event, monetarily or otherwise?

The breadth and depth required in proving these points make these cases highly complex needing very confounding paperwork alongside meticulous investigations involving various experts. This could involve reconciling conflicting reports from differing sources like police, eyewitnesses, medical specialists etc., obtaining high-level assessments over potential future economic damages attributable directly to victim’s untimely death or negotiating tough settlements against aggressive insurance companies hell-bent on minimizing payout; activities requiring intimate understanding about state-level rules which vary greatly across jurisdictions.

In Illinois for example, two different types of claims exist within framework defined for deaths wrongfully caused – Survival Action and Wrongful Death Claim, both contrasting in their designation of claimant and extent to which compensation can be sought for. A skilled personal injury attorney from Carlson Bier can explain underlying distinctions about them apart from guiding you on the optimized legal way forward.

Beyond these, there are very frequently strict statutory timelines at state-level governing when such lawsuits must be filed within fatal occurrence, typically called statutes of limitations. Ignorance about or breakdown in adherence towards these have devastating effect mostly leading to forfeiture of rightful claims; an aspect requiring both vigilance and prompt actions.

We consider it our foremost duty as professional counselors to ensure indemnity for your suffering counts – compensating for lost wages, victim’s medical expenses pre-death , funeral charges incurred among other losses. More importantly, we rally around recovering non-economic damages meant compensating loss of love, companionship suffered by dear ones making the ordeal more bearable.

Engaging a seasoned law-firm like ours early-on lets bereaved family members get some breathing space during grieving period while we address demanding needs ensuring protection of rights they might not even be aware of existing under Illinois wrongful death laws. As professionals serving exclusively in Illinois area primarily handling personal Injury cases leveraging years-long experience and commitment – confiding with us will only assure best possible legal representation needed till path trod through justice is reached.

At Carlson Bier, we put immense value on maintaining transparency throughout process coupled with open accessibility calming anxieties real-time associated with uncertainties surrounding wrongful death suits – aspects signature to our compassionate approach nurtured over years. What truly sets apart however is how passionately we engage into every case enrooted firmly into belief that each deservedly gets its fair share of justice served.

Intricacies woven deeply into fabric dealing conveniently with tragic aftermaths should rightfully belong to specialists practicing law so you could continue focusing upon regaining emotional strength after unbearable loss.

Our experts at Carlson Bier stand ready to leverage every possible resource supporting each claim we undertake towards successful closure, a journey commencing with clicking button below allowing us opportunity for explaining what potentially your case could be worth. Enhanced clarity now lets you make informed decision about pursuing rightful justice – on-time and diligently.

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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 Lenox

Areas of Practice in New Lenox

Bike Accidents

Expert in legal support for victims injured in bicycle accidents due to other parties' recklessness or hazardous conditions.

Thermal Damages

Offering skilled legal support for sufferers of major burn injuries caused by events or indifference.

Clinical Incompetence

Ensuring expert legal assistance for victims affected by healthcare malpractice, including surgical errors.

Items Fault

Handling cases involving faulty products, providing skilled legal help to clients affected by faulty goods.

Elder Misconduct

Defending the rights of the elderly who have been subjected to abuse in senior centers environments, ensuring justice.

Stumble and Trip Injuries

Professional in handling trip accident cases, providing legal support to persons seeking restitution for their suffering.

Childbirth Wounds

Delivering legal assistance for kin affected by medical carelessness resulting in childbirth injuries.

Vehicle Crashes

Incidents: Committed to supporting patients of car accidents obtain reasonable payout for hurts and impairment.

Two-Wheeler Mishaps

Specializing in providing legal advice for riders involved in motorcycle accidents, ensuring rightful claims for losses.

Trucking Crash

Ensuring expert legal support for victims involved in big rig accidents, focusing on securing just recovery for losses.

Construction Collisions

Committed to supporting employees or bystanders injured in construction site accidents due to carelessness or carelessness.

Cognitive Injuries

Committed to delivering expert legal advice for victims suffering from cognitive injuries due to carelessness.

Dog Bite Harms

Skilled in handling cases for victims who have suffered wounds from puppy bites or animal attacks.

Jogger Crashes

Specializing in legal support for walkers involved in accidents, providing professional services for recovering claims.

Unjust Passing

Standing up for families affected by a wrongful death, providing caring and skilled legal assistance to ensure compensation.

Spine Trauma

Dedicated to advocating for clients with paralysis, offering specialized legal representation to secure recovery.

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312-313-2440