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Wrongful Death Attorney in Payson

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In a life-altering event where you face the loss of your loved one due to an unfortunate incident, you need more than just sympathies; you need justice. With Carlson Bier and their dedication to wrongful death cases, misplaced worries about legal matters don’t have to compound your grief. Our unwavering commitment is backed up by years of successful litigation experience—even in complex cases that others may shy away from—distinguishing us as leaders in Illinois’s lawful landscape. At Carlson Bier, we emphasize personalized representation as much as expert legal guidance because every client’s situation is unique and deserves undivided attention. We work tirelessly, realistically align expectations and strive for the best outcome possible demonstrating why we’re top considerations when most needed—an exemplary advocate batting on behalf of aggrieved families. In tragic times like these believe someone who understands; trust a firm who delivers —trust Carlson Bier for Wrongful Death lawyers capable not only keeping promises but also transforming lives while doing so.

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About Carlson Bier

Wrongful Death Lawyers in Payson Illinois

When it comes to the management and mitigation of courtroom challenges, Carlson Bier serves as a formidable fortress for personal injury victims in Illinois. Ranging from minor incidents to catastrophic outcomes, we skillfully address each case’s unique requirements, including those surrounding Wrongful Death claims.

In wrongful death cases, it is crucial to know that these predicaments occur when someone dies due to another party’s negligence or misconduct. This can stem from numerous scenarios such as negligent driving resulting in a car accident, medical malpractice resulting in patient death, or even improper supervision leading to fatal workplace accidents. Each situation demands thoughtful legal strategy keeping mindful respect towards emotional hardship.

For our team at Carlson Bier, compassion and dedication form the pillars of our service when dealing with such agonizing circumstances. While nothing can replace your loved one, financially holding accountable those who caused their untimely demise offers some sense of justice.

We have systematically highlighted key information below intended for increasing your understanding regarding Wrongful Death cases:

• A representative for the decedent’s estate must file this type of lawsuit.

• The damages recovered differ based on intricate details of individual affairs; these might encompass earnings lost by the deceased person between their final injury/illness and death and grief-and-sorrow damages due to bereavement by the survivors.

However complicated these aspects seem right now, you don’t need to face them alone. We are by your side every step of the way ensuring an approach focused on rightful compensation while alleviating procedural stress during this grievous time.

One essential topic around wrongful death suits is understanding who exactly is eligible for filing them. Generally speaking – Immediate family members such as spouses & children (including adopted), parents of unmarried children; In some cases – life partners & putative spouses even financial dependents may be able to claim damage reparations in Illinois.

It should be noted that each wrongful death suit has a statute limitation dependent on the specifics surrounding the causal incident. This timeframe can sometimes be as short as one year, making it essential that legal action is taken immediately.

The value of your case depends on an array of elements like loss of future earnings, medical expenses relating to the deceased person’s final illness or injury, funeral and burial costs; also considered are factors like companionship loss, consortium and guidance for surviving children.

Navigating such complex legal landscapes requires a solid backbone in law which we at Carlson Bier guarantee with our extensive experience within Illinois jurisdiction. We come prepared with deep knowledge about all aspects pertinent to wrongful death owing to our exemplary track record handling personal injury cases.

Only through transparent dialogue can you truly understand your constitutional rights and rightful entitlements around matters of this gravity. Therefore we encourage you to reach out to us with any queries enabling comprehensive understanding regarding wrongful death lawsuits ensuring informed decision-making throughout.

Our team realizes how consequential these proceedings may be in terms of promulgating justice for lost loved ones while securing financial stability for dependents hit hardest by their loss. Here at Carlson Bier, we stand committed towards providing unrivaled legal support helping you weather this storm while relentlessly striving for justice on your behalf.

We urge you not to further delay maximizing possible compensation due punctuality required by stature limitations specific to your circumstance. Grant yourself clarity over pending uncertainties about your case by clicking on the button below today – discover just how much yours could potentially be worth under diligent examination by our seasoned experts proficiently navigating complex claims surrounding wrongful death disputes within Illinois perimeters.

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 Payson

Areas of Practice in Payson

Bike Mishaps

Expert in legal representation for people injured in bicycle accidents due to others' lack of care or hazardous conditions.

Thermal Injuries

Offering adept legal advice for sufferers of severe burn injuries caused by mishaps or misconduct.

Healthcare Misconduct

Providing experienced legal assistance for victims affected by hospital malpractice, including medication mistakes.

Products Liability

Taking on cases involving dangerous products, providing expert legal services to victims affected by product-related injuries.

Senior Neglect

Advocating for the rights of nursing home residents who have been subjected to neglect in aged care environments, ensuring protection.

Fall and Tumble Occurrences

Adept in dealing with trip accident cases, providing legal support to individuals seeking redress for their injuries.

Birth Damages

Delivering legal aid for loved ones affected by medical malpractice resulting in newborn injuries.

Vehicle Collisions

Accidents: Dedicated to assisting clients of car accidents receive appropriate remuneration for wounds and impairment.

Motorbike Incidents

Committed to providing legal services for individuals involved in scooter accidents, ensuring rightful claims for traumas.

Trucking Crash

Ensuring specialist legal assistance for individuals involved in truck accidents, focusing on securing adequate recovery for hurts.

Building Accidents

Engaged in defending laborers or bystanders injured in construction site accidents due to carelessness or negligence.

Brain Injuries

Committed to providing professional legal services for persons suffering from head injuries due to accidents.

Canine Attack Wounds

Skilled in managing cases for victims who have suffered injuries from puppy bites or wildlife encounters.

Foot-traveler Accidents

Dedicated to legal representation for walkers involved in accidents, providing professional services for recovering recovery.

Undeserved Passing

Working for bereaved affected by a wrongful death, providing caring and skilled legal services to ensure justice.

Spine Damage

Committed to advocating for persons with spine impairments, offering compassionate legal guidance to secure redress.

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312-313-2440