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Wrongful Death Attorney in Ottawa

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About Carlson Bier Associates

When dealing with the emotional and financial aftermath of a wrongful death, it is crucial to enlist the legal support of Carlson Bier. Our team possesses years of experience in representing families in Ottawa seeking justice for their devastating loss. We fully understand the depth and complexity such cases entail, providing compassionate yet assertive representation. So why should you choose Carlson Bier? We continuously demonstrate an unmatched commitment to our clients by tirelessly fighting for fair compensation on their behalf; seeking reparations covering lost wages, funeral expenses, pain suffering caused by negligence leading to fatality. Additionally, we navigate these complex lawsuits leveraging our expansive knowledge on Illinois laws applicable to wrongful death claims; securing favorable outcomes effectively. Trusting us with your case means having advocates who will expertly guide through this difficult legal process with precise attention to detail and respect towards your unique circumstances—all while relentlessly pursuing those accountable for your loss until justice prevails at each turn.

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About Carlson Bier

Wrongful Death Lawyers in Ottawa Illinois

At Carlson Bier, we take pride in our reliable and proficient legal representation that focuses primarily on personal injury law. Based out of Illinois, our team is equipped with deep-rooted knowledge of the various aspects and intricacies associated with Wrongful Death cases.

Wrongful death refers to a legal term defining an unnatural fatality caused by the negligence or wrongdoing of another entity or person. It’s authoritative to note that wrongful death claims are essentially civil lawsuits separate from any criminal charges that might be filed in relation to the same incident.

Our seasoned personnel will guide you through every step, ensuring a comprehensive understanding of your rights and potential remedies within the ambit of wrongful death litigation:

• Determining Liability: To effectively pursue a wrongful death case, it’s essential first to determine who precisely bears the liability for your loved one’s demise. This could range from individuals (like drunk drivers) to entities such as corporations or even governmental organizations.

• Establishing Proof: You need compelling tangible evidence proving the defendant’s responsibility for your loved one’s untimely passing. Our attorneys will diligently gather all relevant proof – police reports, eyewitness accounts, expert testimonies – necessary to strengthen your case.

• Calculating Damages: Finally, ascertain an accurate estimate of financial and non-financial losses resulting from this tragic event. These generally include lost wages or earning capacity of the deceased, medical expenses incurred prior to death, funeral costs along with non-economic damages like mental anguish.

Navigating such challenging emotional waters without appropriate professional assistance can feel overwhelming; Carlson Bier aids you in comprehending complex legal jargon involved in these suits:

1) Plaintiff: This is usually immediate family – spouse, parents or children who initiate a wrongful death lawsuit claiming loss due to their loved ones’ premature fatality.

2) Decedent: The individual whose unfortunate passing instigates a wrongful death action.

3) Cause In Fact: Essentially proves that if not for the defendant’s negligent act, the death would not have occurred.

4) Proximate Cause: Shows that the defendant could foresee their actions causing harm.

Dealing with a wrongful death incident can be emotionally draining, and financial costs make matters worse. Considering this urgent need to address fiscal implications, our team works tirelessly on recovering monetary compensation where due.

• Medical and Funeral Bills: Your family should not carry the weight of bills amassed due to another’s negligence – we fight hard to recover these costs in settlement allocations or jury verdicts.

• Lost Income: The unexpected passing of an earning member causes abrupt loss of income, severely impacting household finances. We aim to recuperate this lost earning via appropriate legal channels.

• Hurt and Suffering Post-accident period can have intense emotional repercussions; understanding its gravity, we try sourcing rightful compensation for mental anguish suffered.

Our professional commitment at Carlson Bier is concentrated on providing you with compassionate representation while pursuing justice aggressively. It’s integral to understand all potential nuances as they could significantly impact your case outcome. Hence, exploring more about Wrongful Death cases will deepen your grasp over legal procedures and also increase chances of a successful lawsuit conclusion.

We extend our expertise beyond providing legal insights – from mitigating procedural hurdles or conducting thorough investigations – empowering you every step on this challenging journey towards closure and reparation owed by the responsible parties leading to your irreversible personal loss. Please click below to find out how much your case might potentially be worth – because understanding is half resolved!

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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 Ottawa

Areas of Practice in Ottawa

Pedal Cycle Collisions

Focused on legal support for people injured in bicycle accidents due to other parties' carelessness or unsafe conditions.

Thermal Injuries

Extending specialist legal support for patients of grave burn injuries caused by mishaps or carelessness.

Medical Negligence

Extending dedicated legal representation for victims affected by hospital malpractice, including medication mistakes.

Commodities Responsibility

Managing cases involving faulty products, delivering expert legal assistance to victims affected by product malfunctions.

Geriatric Malpractice

Advocating for the rights of elders who have been subjected to mistreatment in elderly care environments, ensuring restitution.

Tumble & Trip Occurrences

Specialist in tackling tumble accident cases, providing legal assistance to victims seeking recovery for their harm.

Infant Damages

Supplying legal help for families affected by medical carelessness resulting in newborn injuries.

Auto Incidents

Mishaps: Devoted to guiding victims of car accidents receive fair compensation for hurts and losses.

Two-Wheeler Incidents

Committed to providing legal assistance for motorcyclists involved in two-wheeler accidents, ensuring rightful claims for harm.

Big Rig Accident

Providing experienced legal assistance for individuals involved in big rig accidents, focusing on securing rightful settlement for damages.

Building Collisions

Concentrated on defending workmen or bystanders injured in construction site accidents due to carelessness or misconduct.

Head Injuries

Specializing in offering compassionate legal services for persons suffering from neurological injuries due to misconduct.

Dog Attack Wounds

Skilled in tackling cases for individuals who have suffered damages from puppy bites or animal attacks.

Foot-traveler Mishaps

Specializing in legal representation for walkers involved in accidents, providing comprehensive support for recovering claims.

Undeserved Passing

Standing up for loved ones affected by a wrongful death, offering empathetic and professional legal guidance to ensure fairness.

Backbone Trauma

Focused on supporting persons with spine impairments, offering specialized legal representation to secure settlement.

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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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