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Wrongful Death Attorney in Niles

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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 facing the devastating loss of a loved one due to wrongful death, choosing the right legal representation is crucial. That’s why Carlson Bier stands as an exceptional choice for such sensitive cases in Niles. This accomplished law firm specializes in personal injury and wrongful death lawsuits, having an illustrious track record that proves their expertise and dedication to justice. Their team of seasoned attorneys approaches each case with compassion, understanding that behind every claim there is a grieving family seeking closure and reparation. With extensive experience handling complex litigation in Illinois state courts, they possess deep insights into the intricacies of local laws surrounding wrongful deaths. They commit themselves tirelessly to uncovering truth and driving results-oriented strategies designed specifically for your needs.

At Carlson Bier, you can trust us—your fight becomes our fight too; steadfastly asserting your rights while striving towards securing maximum compensation possible under the law during this difficult time. Your heartache matters—and so does holding negligent parties responsible: Choose Carlson Bier—the champions standing by those affected by wrongful death in Niles.

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About Carlson Bier

Wrongful Death Lawyers in Niles Illinois

At Carlson Bier, we are a leading law firm in Illinois specifically devoted to advocating on behalf of wrongful death victims. Empowered by expertise, experience, and empathy, our team is committed to ensuring that justice prevails. We understand the devastating impact of losing a loved one due to another party’s negligence or misconduct – it’s not just emotionally draining but also involves complex legal proceedings which may be daunting for anyone facing such a tragedy. Therefore, we stand beside you at every step providing authoritative advice and genuine support.

As personal injury attorneys specializing in wrongful death cases, we define wrongful death as a scenario where an individual dies as a direct result of another person or entity’s carelessness, recklessness, deliberate wrongdoing or neglect. This area of law specifically allows surviving family members to pursue claims against responsible parties aiming at recovering damages for their devastating loss.

Some elements central to proving wrongful death include:

– Establishing negligence: It must be evident that the victim died because of another party’s negligent behavior.

– Breach of Duty: The accused party had a responsibility towards the deceased person’s safety and wellness.

– Causality: There should indeed exist causation between the defendant’s negligent conduct and the cause of death.

– Damages: There have been quantifiable damages emanating from the untimely loss.

We meticulously draft each lawsuit focusing on these critical dimensions and cater to various subtypes within wrongful death suits ranging from medical malpractice incidents, auto accidents fatalities to workplace-related deaths among other tragic circumstances.

Masterfully navigating through this complex landscape requires extensive familiarity with Illinois state laws governing Wrongful Death litigation. Our proficient team has years’ worth accumulated knowledge vested deeply into appreciating minute details allowing us overarching insights whilst fiercely representing your case in courtrooms.

The veritable measure of financial compensation varies depending upon multiple factors primarily including economic implications such as loss incurred (both present and future) taking into account wages earned by the deceased, medical expenses, funeral costs and non-economic implications including punitive damages, emotional suffering and so forth. This is precisely why hiring an experienced lawyer who comprehends these many elements at play can yield beneficial outcomes.

Having represented numerous cases in Illinois, Carlson Bier is keenly aware of how to bear fruitful results thereby warranting rightful compensation for victims’ families. We provide tailor-made counsel geared towards highlighting your unique needs with steadfast attention whilst remaining sensitive towards your healing process at all times.

To further elucidation on the proceedings ahead with fine granularity every step along this intricate legal journey we offer a free consultation giving you room for informed choices aiding your quest for justice – without any obligations whatsoever. Remember that esteemed guidance is indeed pivotal wherein each passing day amount to critical evidentiary value pertaining to wrongful death suits as per Illinois statutes of limitations laws demanding swift action.

Believing firmly in our mission of serving fairness in adversity, professional service charges remain contingent upon winning cases; accentuating our dedication towards achieving amicable resolutions throughout proceedings. Every query from clients welcomed promptly and responded professionally ensuring absolute clarity devoid ambiguity.

Our overarching aim remains focused on easing burdensome intricacies associated with wrongful death battles emphasizing empathetic yet resourceful representation equipped principally towards securing optimal damage recovery throughout Illinois state jurisdiction.

Understandably contact commences under somber circumstances yet remember our pursuit embodies delivering justice and restoring balance assisting you progressively through this overwhelming period offering real-time solutions via assertive strategy formulations attributing toward equitable compensations subsequently cushioning financial upheaval during unsettling times.

We cordially invite you to delve deeper into understanding how suitable representation can notably enhance prospects drastically influencing outcomes favorably by clicking the button below; innovatively devised tool aimed at discerning estimated case worth based on rich historical data analyzed minutely considering appropriately matched variables directing realistic assessments starkly reflecting potential claim values awaiting client approval building assurance significantly right from inception. Indeed practical insights prove indispensable amid uncertainty serving as quintessential steppingstones beginning your path towards justice by Carlson Bier.

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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 Niles

Areas of Practice in Niles

Cycling Incidents

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

Burn Damages

Extending specialist legal help for individuals of serious burn injuries caused by events or recklessness.

Hospital Incompetence

Ensuring expert legal representation for clients affected by physician malpractice, including surgical errors.

Products Fault

Handling cases involving unsafe products, delivering skilled legal guidance to clients affected by harmful products.

Elder Mistreatment

Supporting the rights of aged individuals who have been subjected to misconduct in senior centers environments, ensuring fairness.

Fall and Fall Occurrences

Expert in tackling fall and trip accident cases, providing legal representation to clients seeking restitution for their losses.

Childbirth Wounds

Offering legal assistance for households affected by medical incompetence resulting in childbirth injuries.

Car Crashes

Mishaps: Dedicated to assisting clients of car accidents get just payout for injuries and impairment.

Two-Wheeler Mishaps

Focused on providing legal support for bikers involved in scooter accidents, ensuring adequate recompense for traumas.

Trucking Accident

Offering professional legal services for persons involved in truck accidents, focusing on securing rightful recovery for losses.

Building Site Accidents

Focused on advocating for staff or bystanders injured in construction site accidents due to negligence or carelessness.

Brain Impairments

Dedicated to offering dedicated legal representation for clients suffering from neurological injuries due to misconduct.

Canine Attack Injuries

Specialized in dealing with cases for people who have suffered harms from dog bites or animal assaults.

Pedestrian Mishaps

Dedicated to legal services for pedestrians involved in accidents, providing dedicated assistance for recovering restitution.

Unwarranted Fatality

Advocating for relatives affected by a wrongful death, delivering compassionate and professional legal support to ensure fairness.

Spinal Cord Trauma

Specializing in supporting clients with spinal cord injuries, offering dedicated legal services to secure settlement.

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