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Wrongful Death Attorney in Oak Brook

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

As a leading law firm, Carlson Bier is highly recognized for their proficient specialization in Wrongful Death cases. Our experienced attorneys have the skills and knowledge to navigate these challenging situations, consistently delivering exceptional results for our clients. In wrongful death scenarios where your loved one’s loss was due to negligence or deliberate action of another party, equity demands justice and Carlson Bier advocates relentlessly on your behalf towards that end. We understand the emotional anguish such cases inflict and empathize with each client’s unique circumstances. Passionately committed to demonstrating fault where it lies and securing appropriate compensation makes us a compelling choice for representation during this daunting time in Oak Brook, IL residents’ lives. At Carlson Bier, we champion suits against individuals or corporate parties displaying carelessness or causing intentional harm thus leading to irreparable loss of life which reverberates through families deeply affected by such tragic events. Reach out today; let’s discuss how best we can serve you as caring champions for justice when dealing with wrongful death challenges.

About Carlson Bier

Wrongful Death Lawyers in Oak Brook Illinois

At Carlson Bier, our top-tier team of personal injury attorneys dedicates its practice to advocating for those affected by various forms of injustice. A particular area deep within our expertise is wrongful death cases – a multifaceted and challenging domain requiring proficient understanding and practiced grace. This grievous situation typically arises when an individual passes away due to someone else’s negligence or intentional harmful act. It could stem from diverse circumstances such as medical malpractice, car accidents, workplace mishaps, or even defective products.

Understanding the ins and outs of wrongful death cases

• The cornerstone of a successful wrongful death claim is irrefutably determining that the tragic incident was caused by negligent behavior or deliberate infliction.

• Surviving family members are generally eligible to advance this form of lawsuit. But it usually starts with the closest relations like spouses or children before moving on to parents if no immediate family exists.

• Various damages can be recovered in wrongful death lawsuits – these extend beyond merely direct losses (such as funeral expenses) into more emotionally rooted experiences such as loss of companionship.

Fighting for justice amidst difficult times is never easy; however, we at Carlson Bier stand committedly alongside grieving families who find themselves embroiled in this hapless circumstance.

With our powerful leverage over decades-long experience and unmatched knowledge depth about Illinois-specific statutes concerning wrongful deaths, we offer affected families an ally they duly deserve during their trying hours. At all times during the case handling process, transparency comes first with us – making sure clients are well-informed about new developments tailoring personally customized strategies keeping in mind different aspects unique to each case—for more information regarding your entitlements under Illinois law following a loved one’s untimely passing away reach out to us.

We believe wholeheartedly that meaningful support can make significant impacts on families looking desperately for some sliver of positivity amidst overwhelming grief caused by unjust losses—As legal experts relentlessly focusing on wrongful death cases, we don’t just seek to offer a source of guidance or advice; acceptance becomes an integral part in our endeavors. Acceptance not only about the permissible situation you’re thrown into but also for those around you – realizing how your life stands impacted by this unfortunate event and providing structural advice that can help initiate piecing it back together.

Many find themselves wondering what their next step might be after such a traumatic loss. To this end, Carlson Bier works tirelessly to provide clients with comprehensive resources regarding wrongful death lawsuits, aiming to demystify the process one day at a time. This enables greater understanding and facilitates the pursuit of justice so much needed when moving forward from such painful circumstances.

With gratitude for considering Carlson Bier as your potential ally in legal journeys ensuing following a wrongful death, we invite you now to take another critical step towards justice — figuring out what exactly your case could be worth.

This important piece of information doesn’t just quantify financial damages—it acts like an empowering tool aiding affected individuals in making educated decisions on the way they wish their case proceeds.

Thus double down upon murmurs calling for rightful action against parties responsible for your irreversible loss—do not let uncertainty inhibit you any further—take control amidst chaos; choose relentlessly to regain power over outcomes surrounding these trying situations…one trustworthy decision at a time.

Click on the button below—an encouraging step toward achieving justified results—and discover how much more is possible with Carlson Bier: dedicated personal injury lawyers with profound aptitude in handling wrongful death suits…committedly advocating for grieving families through wrongs inflicted upon them until justice shines brightly once again.

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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 Oak Brook

Areas of Practice in Oak Brook

Two-Wheeler Accidents

Proficient in legal representation for clients injured in bicycle accidents due to others' indifference or perilous conditions.

Thermal Traumas

Offering adept legal support for victims of intense burn injuries caused by mishaps or misconduct.

Physician Misconduct

Delivering professional legal representation for clients affected by physician malpractice, including negligent care.

Goods Liability

Taking on cases involving faulty products, delivering adept legal help to individuals affected by faulty goods.

Geriatric Malpractice

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

Slip and Fall Mishaps

Professional in dealing with fall and trip accident cases, providing legal advice to persons seeking redress for their damages.

Neonatal Injuries

Providing legal help for relatives affected by medical negligence resulting in birth injuries.

Auto Accidents

Mishaps: Devoted to aiding patients of car accidents get appropriate payout for damages and damages.

Scooter Mishaps

Committed to providing legal assistance for victims involved in motorbike accidents, ensuring just recovery for damages.

Semi Accident

Providing experienced legal assistance for individuals involved in lorry accidents, focusing on securing adequate claims for losses.

Construction Crashes

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

Head Harms

Specializing in delivering professional legal services for patients suffering from neurological injuries due to carelessness.

Dog Bite Injuries

Expertise in handling cases for individuals who have suffered wounds from K9 assaults or beast attacks.

Jogger Incidents

Focused on legal advocacy for walkers involved in accidents, providing effective representation for recovering restitution.

Unfair Loss

Striving for grieving parties affected by a wrongful death, providing compassionate and professional legal assistance to ensure restitution.

Backbone Injury

Specializing in representing individuals with spinal cord injuries, offering compassionate legal representation to secure recovery.

Contact Us Today if you need a Person Injury Lawyer