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Wrongful Death Attorney in Orion

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About Carlson Bier Associates

When faced with the tragedy of wrongful death in Orion, choosing compassionate and knowledgeable legal counsel is paramount. Carlson Bier are renowned specialists in this complex area of law. Our team has an unwavering commitment to securing maximum compensation on behalf of our clients, whilst providing the highest level of personalized service throughout every stage of your case. We have an exemplary track record for successfully handling wrongful death claims in Illinois, reflecting our superior understanding and thorough application of the state’s laws concerning fault, liability and damage calculations. Alongside advocating for immediate financial recoveries to cover medical bills or lost income, we steadfastly pursue long-term compensation that acknowledges emotional trauma and loss endured by surviving family members. At such a challenging time you need expertise conferred by years empacting similar verdicts – partners who will fight tirelessly until justice is served: Carlson Bier embodies exactly these values as credible attorneys at law tackling cases related to wrongful deaths.

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About Carlson Bier

Wrongful Death Lawyers in Orion Illinois

At Carlson Bier, we are a proud team of Illinois-based personal injury attorneys specializing in an array of legal fields. Among these areas of focus is Wrongful Death, a complex element within the broader domain of personal injury law that requires particular knowledge and expertise to navigate effectively.

Wrongful Death refers to a situation where an individual loses their life as a result of another party’s negligence or intentional harmful act. Imagine losing a loved one in circumstances revolved around medical malpractice, car accidents, workplace hazards or deliberate violent acts- situations where someone else might be held accountable. When faced with such tragic events, it’s crucial to understand your legal rights and options. Our aim is to provide you with this understanding and guide you through seeking justice and compensation for your loss.

When approaching Wrongful Death cases, certain points must be noted:

• Standing – Only certain people can file for wrongful death claims; usually immediate family members like spouses, children or parents.

• Negligence – It has to be proven that the death was caused by another’s careless, reckless or deliberate actions.

• Causation – One has to demonstrate that the defendant’s negligence directly resulted in the death.

• Damages – Documentation needs to indicate quantifiable damage from the incident like medical bills, funeral expenses etc.

Understanding these key aspects positions individuals more firmly when seeking recompense after experiencing such traumatic losses. Each case is unique and deserves careful examination by skilled professionals familiar with accompanying state laws. The intricacies involved often become overwhelming when coupled with grief which may blur objectivity needed during proceedings.

At Carlson Bier our personal injury attorneys hold high esteem for unparalleled transparency and client support throughout this process. As experienced counsel who’ve represented countless clients over years proving dexterity and success rates in litigating wrongful death claims—we carry client interests at heart working tirelessly towards best possible outcomes.

The damages awarded in wrongful death lawsuits go beyond covering funeral and burial costs. They also account for loss of support, companionship and expected income from the deceased to their dependents.

• Loss of Wages: Published or documented reference can be used to determine what earnings the decedent might have produced if he/she had lived.

• Mental Suffering: This is considered in cases where a child or spouse loses a beloved one causing mental stress like shock, grief etc.

• Punitive Damages: These are added justice against the defendant; known as deterrence measures against any future similar actions.

The outlined points don’t summarize totality but give an idea on key elements determining direction taken by wrongful death litigation which differ with different jurisdictions. Our team takes extreme pride in well-rounded knowledge base spread across all our attorneys well-versed with Illinois Wrongful Death Laws delivering informed advice ensuring clients’ rights are upheld firmly.

Initiating legal proceedings after losing a dear one is indeed a tough call amidst grieving and painful emotions. However, it plays role towards finding closure besides protecting your interests especially faced with sudden financial strain due to loss of an income earner $. The Carlson Bier team walks with you every step on such occassion providing unrelenting support towards securing rightful compensation for you and your family guided by Illinois’ Law provisions.

Curious about how much your case could potentially yield? By clicking on the button below, we’ll provide a free consultation, helping estimate justice served towards restore some peace during such traumatizing times. Our diligent personal injury lawyer awaits at Carlson Bier—offering experienced counsel rooted within impeccable empathy promised to each client who approaches us looking for answers. Taking first legal steps may seem daunting yet bear great fruit upon embarking – inching you closer to seeking restoration brought about by unfortunate upheaval caused through wrongful death experience navigated rightly via our dedicated professional attorney guidance right here in Illinois.

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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 Orion

Areas of Practice in Orion

Cycling Accidents

Focused on legal representation for individuals injured in bicycle accidents due to others' negligence or risky conditions.

Flame Wounds

Offering professional legal help for patients of serious burn injuries caused by incidents or recklessness.

Physician Misconduct

Extending professional legal support for persons affected by healthcare malpractice, including misdiagnosis.

Commodities Liability

Handling cases involving defective products, extending expert legal assistance to individuals affected by faulty goods.

Aged Misconduct

Protecting the rights of seniors who have been subjected to abuse in aged care environments, ensuring restitution.

Slip & Stumble Occurrences

Specialist in managing slip and fall accident cases, providing legal services to victims seeking recovery for their injuries.

Newborn Injuries

Delivering legal support for relatives affected by medical negligence resulting in childbirth injuries.

Auto Accidents

Crashes: Focused on supporting patients of car accidents secure equitable recompense for hurts and damages.

Motorbike Accidents

Focused on providing legal services for individuals involved in scooter accidents, ensuring just recovery for damages.

Big Rig Accident

Delivering specialist legal assistance for drivers involved in lorry accidents, focusing on securing adequate compensation for losses.

Construction Accidents

Concentrated on advocating for staff or bystanders injured in construction site accidents due to carelessness or recklessness.

Cognitive Impairments

Committed to delivering professional legal representation for victims suffering from cognitive injuries due to misconduct.

Dog Bite Harms

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

Jogger Accidents

Focused on legal assistance for foot-travelers involved in accidents, providing effective representation for recovering compensation.

Undeserved Loss

Standing up for grieving parties affected by a wrongful death, delivering understanding and experienced legal services to ensure restitution.

Vertebral Trauma

Specializing in representing persons with spine impairments, offering compassionate legal guidance to secure compensation.

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312-313-2440