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Wrongful Death Attorney in Oakland

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About Carlson Bier Associates

If you’ve experienced the heartbreak of losing a cherished loved one due to another’s negligence, Carlson Bier empathetically extends its legal services through its wrongful death expertise. When tragic events leave your family shattered in Oakland, navigating the complex realm of legal options can be overwhelming. In these trying moments, trust Carlson Bier’s seasoned team who are steadfastly dedicated to exemplify their complete understanding and extensive experience in Wrongful Death cases to protect your interests. Revered as a top-rated firm, we prioritize compassion for our clients while defending their cause with relentless tenacity. Lauded for our meticulous case prepping method and unrivaled courtroom prowess, it’s no wonder that countless families have sought solace under the sturdy canopy of justice provided by us. By choosing Carlson Bier as your wrongful death attorney group, you’re opening doors towards resolution and garnering strength amid profound grief; without compromising on any means necessary to hold those responsible accountable firmly yet fair-mindedly.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Oakland Illinois

At Carlson Bier, we are a team of dedicated personal injury attorneys based in Illinois. Our unwavering commitment to justice has positioned us among the leading legal experts in handling wrongful death cases. Through our wealth of experience and comprehensive understanding to navigate the complexities of this area, we strive at every level to ensure that victims’ voices are heard, rights preserved and fair compensation achieved.

Wrongful death refers to a circumstance where an individual’s passing is a direct consequence of another party’s negligence or intentional harm. This heartbreaking situation leaves surviving family members grappling with immeasurable emotional pain compounded by financial strain caused by medical expenses, funeral costs and loss of income provisionally provided for the deceased.

In Illinois, the law provides legal recourse for such emotional upheaval and material losses through a wrongful death claim – an important channel designed to offer some form of relief. This lawsuit can be lodged against any party whose negligent conduct or wilful act resulted in fatal injuries. These parties may include drivers involved in car accidents, physicians responsible for medical malpractice, corporations accountable for unsafe environments leading to catastrophic occurrences and such like.

Key points about wrongful death claims:

• Only specific individuals are eligible – Primarily these are immediate family members. However the rules vary depending on state laws.

• The burden of proof resides with you – You must prove fault using credible evidence that another party is liable.

• Statute limitations apply – There’s a particular timeframe within which you must file your claim.

• Recoverable damages cover economic and non-economic factors – You can recoup tangible monetary loses as well as ‘intangible’ ones like companionship.

Determining liability forms the crux of our advocacy efforts at Carlson Bier. We meticulously scrutinize accident reports, eyewitness accounts, medical records while working alongside professional investigators to gather irrefutable evidence to establish culpability beyond all reasonable doubt.

Considering each claim’s unique nature enables us to develop custom strategies tailored towards secure maximum compensation. Damages recoverable in a wrongful death claim often cater to medical bills associated with the victim’s final illness or injury, funeral and burial expenses, lost anticipated future earnings, loss of love, companionship and guidance among others.

At its core, our esteemed law firm passionately believes that no person should suffer under punitive circumstances caused by another party’s negligence. This philosophy drives our relentless pursuit to tilt the scales of justice in favour of our clients based solely on merit as a testament to our unwavering commitment towards promoting fairness.

Engaging legal experts such as Carlson Bier not only increases your chances of obtaining rightful compensation but also offers much-needed relief during these emotionally charged times enabling you handle other pressing matters as we tackle the intricate details of your lawsuit. With us at helm, rest assured that your quest for justice is in passionate, dedicated hands keen on offering professional representation anchored on compassion an unparalleled acumen.

The journey towards mending the void left by losing a beloved one can be daunting‐ brimming with numerous financial obligations and complex legal proceedings. But this journey needn’t be tread alone nor lead into what seems like dead end without any meaningful restitution in sight.

Empower yourself today by using our free case evaluation tool located below. It provides an initial glimpse into what your claim could potentially yield if successfully lodged and gives us an opportunity to demonstrate how Carlson Bier can champion your cause instilling hope where it once seemed scarce.

Your peace of mind matters! Click now on the button below for insights into what amount you stand to receive from a successful claim handled courtesy of Carlson Bier – Where fair representation thrives!

Find Out How Much Your Case is Worth
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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 Oakland

Areas of Practice in Oakland

Cycling Crashes

Focused on legal representation for individuals injured in bicycle accidents due to other parties' lack of care or unsafe conditions.

Scald Damages

Giving specialist legal advice for individuals of serious burn injuries caused by accidents or misconduct.

Hospital Misconduct

Delivering expert legal advice for individuals affected by healthcare malpractice, including misdiagnosis.

Commodities Obligation

Addressing cases involving dangerous products, delivering professional legal assistance to clients affected by product-related injuries.

Senior Neglect

Defending the rights of the elderly who have been subjected to misconduct in aged care environments, ensuring restitution.

Fall and Tumble Injuries

Adept in managing stumble accident cases, providing legal services to clients seeking redress for their suffering.

Neonatal Wounds

Offering legal guidance for loved ones affected by medical incompetence resulting in newborn injuries.

Vehicle Incidents

Collisions: Committed to aiding clients of car accidents secure fair recompense for injuries and losses.

Motorcycle Collisions

Committed to providing legal services for victims involved in two-wheeler accidents, ensuring just recovery for harm.

Trucking Accident

Delivering expert legal representation for drivers involved in truck accidents, focusing on securing adequate claims for losses.

Building Collisions

Committed to advocating for workers or bystanders injured in construction site accidents due to recklessness or carelessness.

Neurological Damages

Focused on offering dedicated legal support for persons suffering from brain injuries due to incidents.

Dog Bite Wounds

Adept at dealing with cases for victims who have suffered damages from dog bites or wildlife encounters.

Foot-traveler Accidents

Focused on legal assistance for joggers involved in accidents, providing professional services for recovering recovery.

Wrongful Loss

Working for bereaved affected by a wrongful death, offering sensitive and expert legal representation to ensure restitution.

Vertebral Impairment

Committed to assisting victims with spine impairments, offering expert legal guidance to secure recovery.

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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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