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Wrongful Death Attorney in New Windsor

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When coping with the tragic aftermath of a wrongful death, New Windsor residents turn to Carlson Bier for professional and empathetic representation. As leaders in personal injury law throughout Illinois, our reputation is built on tireless dedication to securing justice for our clients. At Carlson Bier, we comprehend the pain and complexity that accompanies losing a loved one due to another’s negligence or misconduct. Thus, we efficiently guide you through every stage of your case so that you can focus on honoring your loved one rather than navigating litigation complexities alone. Our seasoned attorneys make use of their expertise cultivated from vast experiences in Wrongful Death cases – leaving no stone unturned as they strive relentlessly towards achieving fair compensation on behalf of those grieving this profound loss. You deserve more than just legal support; you need compassionate guidance from experts who understand your struggle. For unparalleled commitment and rightful advocacy following a heartbreaking event like wrongful death – trust none other than Carlson Bier.

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About Carlson Bier

Wrongful Death Lawyers in New Windsor Illinois

Understanding wrongful death and the complexities surrounding it can often leave one feeling overwhelmed. At Carlson Bier, we specialize in providing expert legal advice on this intricate matter for individuals based in Illinois. Transforming lives through pivotal advocacy, our firm embodies a distinctive blend of compassion along with an unwavering commitment to justice, helping clients navigate forward during their most taxing times.

Wrongful death refers to a tragic event where someone loses their life due to another party’s negligent or reckless action. It offers the surviving loved ones an avenue to seek rightful compensation as they shoulder unanticipated burdens.

Key Aspects about Wrongful Death Claims:

• Only specific relatives are allowed by law to file claims for wrongful death. These typically comprise immediate family members such as spouses or children.

• A successful claimant could be awarded compensation that covers medical expenses, funeral costs, loss of financial support, and non-economic damages like pain and suffering endured by the deceased prior to passing.

• To succeed in a wrongful death claim, you must demonstrate that negligence was indeed present in causing the untimely demise; connecting the dots between all existing evidence is essential.

• Another crucial aspect: there exists a particular timeframe within which these claims should be initiated; exceeding it may lead to forfeiture of potential compensation.

At Carlson Bier, we underscore accurate information backed up by years of experience accumulated while serving locals and families in Illinois. We aid our clients across each stage of the civil lawsuit related process — right from filing a complaint and initiating discovery until trial or settlement discussions occur.

The journey towards seeking justice after losing a beloved member can feel dauntingly long-winded and exhaustive without proper guidance or knowledge adjacent aspects e.g., Police reports analysis, Medical records assessment etc. Hence comprehending this multifaceted situation critically hinges on taking timely help from seasoned professionals specializing in personal injury laws—lawyers who carry firsthand insights into ever-evolving judicial environment portraits.

Our lawyers stand strong with exceptional trial skills added with an approach that’s always focused on gaining favorable results for our individual clients. We work intimately with each plaintiff while considering their overall circumstances and take the necessary effort to resolve conflicts whenever applicable amicably.

We have established a rock-solid reputation in Illinois through our steadfast dedication towards achieving justice for wrongfully deceased victims’ families. We pride ourselves on providing accountable legal consultation tailored to unique personal situation coupled with readiness to go the distance required, keeping client interest at heart above all else.

As you venture into evaluating proper legal alternatives, understand this: no amount of financial recoupment can ever compensate for the emotional havoc wreaked by loss of life, but it can substantially defray mounting financial obligations arising post such unfortunate events and provide monetary safety & comfort moving forward.

In conclusion, Carlson Bier is eager to be drafted onto your team as we bridge toward better tomorrows together. To measure potential claim worth or alternatively explore more about what we can offer like services corresponding wrongful death lawsuits etc., please proceed ahead and find out more below how much exactly is your case worth! Remember – Your first step today could pave way to well-deserved compensation tomorrow.

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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 Windsor

Areas of Practice in New Windsor

Bike Mishaps

Dedicated to legal assistance for victims injured in bicycle accidents due to others's carelessness or perilous conditions.

Fire Wounds

Extending specialist legal support for patients of serious burn injuries caused by incidents or carelessness.

Hospital Misconduct

Providing expert legal services for individuals affected by clinical malpractice, including medication mistakes.

Items Obligation

Taking on cases involving faulty products, offering expert legal help to consumers affected by defective items.

Nursing Home Abuse

Advocating for the rights of nursing home residents who have been subjected to neglect in aged care environments, ensuring protection.

Stumble and Tumble Accidents

Specialist in managing stumble accident cases, providing legal representation to persons seeking recovery for their suffering.

Newborn Wounds

Delivering legal guidance for relatives affected by medical carelessness resulting in neonatal injuries.

Car Collisions

Incidents: Devoted to guiding sufferers of car accidents receive fair compensation for hurts and damages.

Bike Collisions

Dedicated to providing legal services for riders involved in bike accidents, ensuring just recovery for injuries.

Semi Collision

Delivering specialist legal advice for individuals involved in trucking accidents, focusing on securing rightful settlement for damages.

Worksite Incidents

Committed to assisting workers or bystanders injured in construction site accidents due to negligence or carelessness.

Neurological Damages

Expert in extending dedicated legal services for individuals suffering from cerebral injuries due to negligence.

Dog Attack Traumas

Adept at tackling cases for clients who have suffered damages from dog bites or animal attacks.

Cross-walker Mishaps

Focused on legal services for foot-travelers involved in accidents, providing comprehensive support for recovering restitution.

Unfair Passing

Striving for relatives affected by a wrongful death, providing compassionate and experienced legal guidance to ensure justice.

Backbone Injury

Focused on representing persons with spine impairments, offering expert legal assistance to secure settlement.

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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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