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Wrongful Death Attorney in Newark

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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 difficult and sensitive event of a wrongful death, obtaining top-tier legal representation is indispensable. Carlson Bier has established unwavering excellence in navigating such complex cases. Our expertise ensures your family’s claim is handled profoundly and empathetically while seeking justice for your devastating loss. Serving families with grace dignity, our primary concern is to ensure that you receive compensation commensurate with the harm inflicted upon your loved one.

As seasoned professionals in the field of personal injury law, Carlson Bier law firm utilizes comprehensive strategies honed over decades to secure favorable outcomes for our clients. We are adept at unraveling intricate details surrounding Wrongful Death lawsuits within Newark’s jurisdiction .

While entrusting us, know that we will fight tirelessly against negligence or misconduct leading to fatal consequences — keeping constant communication throughout every step of the legal process. By choosing Carlson Bier as your dedicated representative in these severe circumstances, you align yourself not only with experience but also compassion — two pivotal characteristics necessary when dealing civilly following an untimely death.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Newark Illinois

Carlson Bier, your leading personal injury law firm based in Illinois, is specialized in handling a comprehensive array of Wrongful Death cases. We understand that losing a loved one can be emotionally devastating, and when it’s due to the negligence or misconduct of another party, it adds an additional layer of distress. That’s where our team comes into play – stepping in to guide you through this confusing legal territory.

Wrongful death claims primarily revolve around tragic mishaps arising from car accidents, medical malpractice, workplace injuries, faulty products amongst others. These unfortunate incidents cause emotional suffering and financial turmoil for surviving family members.

• Negligence: The cornerstone of wrongful death lawsuits centers around establishing negligence. A successful claim necessitates demonstrating that the defendant acted negligently resulting in the avoidable demise of a victim.

• Conducting investigations: Our committed team engages professionally-conducted investigations to garner evidence needed your case.

• Assessing damages incurred: Claims may encompass pecuniary losses such as funeral expenses or lost earnings; Non-monetary damages related to emotional pain and suffering are also contemplated.

Navigating these complex waters requires expertise grounded on extensive experience dealing with similar cases. That’s exactly what Carlson Bier brings to the table – broad-ranging competence built over years coupled with an unequivocal commitment towards securing justice on behalf of our clients.

Our attorneys meticulously work through each facet connected with wrongful death claims aiming at ensuring maximum compensation benefits for those left behind. Multiple factors influence these proceedings delivering varied implications:

• Survivorship statutes: In certain situations, survivors have a right to sue for pain, suffering or lost wages experienced by their deceased loved ones prior passing away.

• Loss of consortium: This refers to damages awarded due to loss of love, affection or companionship suffered by surviving family members.

Understanding where you stand legally provides empowerment when coping with painful episodes following loved one’s death.

Timelines prove crucial regarding wrongful death claims too – every state stipulates differing ‘statutes of limitations’. Here in Illinois, the law requires initiating wrongful death litigation within two years from the decedent’s death. Delay can potentially bar recovery avenues, making early consultation with a skilled attorney invaluable.

Choosing Carlson Bier during such challenging times ensures personalized representation – our team walks you through case specifications in addition to potential options and strategies tailored to your individual situation. Armed with this knowledge helps make informed decisions about proceeding with legal action or possible settlement negotiations.

Compassion remains key throughout our service delivery since we understand emotional duress deriving from loved ones’ untimely demise. Our determination manifests in fighting equally hard for clients while providing essential support services designed around soothing these painful situations.

Predictability tends to remain elusive regarding outcome of wrongful death cases given multiple influencing factors; having skilled practitioners such as us by your side tilts scales favorably towards crafting winning strategies.

Wrongful-death lawsuits characteristically hang on thin balances necessitating methodical preparation, tactical planning plus surgical execution. Crafting robust defenses backed by solid evidence forms bedrock principles informing our approach at Carlson Bier, fostering successful outcomes encouraging quicker recoveries for bereaved families coping with loss.

Remember, when not competently handled, deficiencies appearing minor could degrade performance leading into compromised expectations which is something no aggrieved family member should have to go through – more so after enduring pain associated with losing a loved one wrongfully.

At Carlson Bier we’re determined towards alleviating grief borne off traumatic experience linked to wrongful deaths – bringing closure through holding responsible parties accountable hence honoring memory of lost lives.

Hit the button below today for an obligation-free evaluation meant at establishing probable value connected with your specific circumstance – reach out and let’s work together towards achieving justice rightfully due to you.

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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 Newark

Areas of Practice in Newark

Bike Accidents

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

Flame Injuries

Supplying expert legal advice for patients of severe burn injuries caused by incidents or indifference.

Physician Carelessness

Offering experienced legal advice for individuals affected by clinical malpractice, including medication mistakes.

Goods Responsibility

Handling cases involving dangerous products, extending skilled legal guidance to individuals affected by defective items.

Elder Mistreatment

Advocating for the rights of the elderly who have been subjected to abuse in care facilities environments, ensuring justice.

Trip and Trip Injuries

Specialist in dealing with stumble accident cases, providing legal support to individuals seeking justice for their injuries.

Neonatal Traumas

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

Auto Incidents

Crashes: Devoted to supporting patients of car accidents receive just payout for hurts and damages.

Motorcycle Accidents

Focused on providing legal advice for victims involved in scooter accidents, ensuring adequate recompense for traumas.

18-Wheeler Mishap

Offering experienced legal representation for victims involved in semi accidents, focusing on securing fair claims for hurts.

Building Crashes

Engaged in assisting employees or bystanders injured in construction site accidents due to recklessness or misconduct.

Neurological Impairments

Focused on ensuring compassionate legal support for persons suffering from brain injuries due to incidents.

K9 Assault Damages

Skilled in addressing cases for clients who have suffered injuries from dog attacks or animal attacks.

Pedestrian Collisions

Expert in legal representation for pedestrians involved in accidents, providing effective representation for recovering damages.

Unfair Loss

Working for families affected by a wrongful death, offering caring and experienced legal guidance to ensure redress.

Spine Damage

Focused on assisting persons with spinal cord injuries, offering dedicated legal services to secure compensation.

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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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