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Wrongful Death Attorney in Phoenix

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When a loved one’s life is tragically cut short due to the negligence of others, securing justice becomes paramount. Carlson Bier is a trusted and experienced legal ally dedicated to aiding families in their pursuit of fairness through Wrongful Death cases. With our comprehensive understanding of complex legal procedures and unwavering commitment to client service, we aim to alleviate some of your trauma by ensuring responsible parties are held accountable. Operating conscientiously within all jurisdictional parameters, our expertise respects individual state law restrictions while acting with an awareness that geography should not impede access to superior representation. Wherever you might be dealing with grief and seeking answers – including places like Phoenix – we stand ready as your steadfast partner in addressing this most challenging form of personal injury litigation. What sets Carlson Bier apart is its tireless passion for justice coupled with meticulous attention paid towards mastering intricate case mechanisms specific to wrongful death claims — making us an optimal choice when searching for exceptional Wrongful Death attorneys.

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Wrongful Death Lawyers in Phoenix Illinois

Given the unexpected loss of a loved one, understanding the concept of ‘wrongful death’ becomes critical. Carlson Bier, your trusted personal injury lawyers based in Illinois, is here to guide you through the complexities associated with wrongful death cases–ensuring you obtain justice and compensation for your devastating loss.

Wrongful death is defined as a legal term referring to the untimely demise of an individual caused by someone else’s neglect or intentional actions. This unfortunate event leaves survivors or beneficiaries eligible to recover damages against those responsible for their loved one’s premature departure.

Compensation available in a wrongful death claim varies and may include several elements:

– Loss of services such as child care, housekeeping, and other homecare activities previously rendered by the deceased.

– Emotional distress suffered by surviving family members due to their relative’s sudden demise.

– Medical treatment costs incurred prior to repeated attempts at saving the deceased person’s life.

– Pain and suffering experienced by the deceased before succumbing – typically referred to as a ‘survival action.’

While no amount of money can compensate for losing a loved one too soon, financial assistance obtained from rightful sources mitigates enormous pressures on grieving families as they start rebuilding their lives. However, not everyone qualifies for filing a wrongful death lawsuit – according to Illinois law; only certain relatives like spouses or children can bring such claims forward.

Wrongful death lawsuits have stringent timelines called statutes of limitations. In Illinois, these cases must be filed within two years from when your loved ones died (in most instances). Failing which your case might get dismissed without being heard irrespective of its merits. While nuances exist that may extend this deadline under specific circumstances but navigating them requires expertise — suggesting that seeking advice sooner rather than later works best.

The role wrongful death attorneys play in such proceedings has multiple facets:

– Thorough analysis: They determine if you are eligible for bringing forth this kind of lawsuit given your relationship with the deceased person.

– Evidence gathering: Collecting and collating evidence such as police reports, medical records, witness testimony helps strengthen your case.

– Industry experts’ collaboration: Lawyers often collaborate with industry-leading experts in order to substantiate different aspects of your case.

– Maximizing recovery: Attorneys negotiate fiercely on your behalf to maximize possible recoveries especially given insurance companies that typically try underselling claim amounts.

Connecting with experienced wrongful death attorneys sooner provides a strategic advantage from their expertise in managing complex legalities, while you focus on healing. There are many personal injury lawyers based across Illinois but settling for someone compassionate about securing justice alongside their professional conduct matters.

At Carlson Bier, we value human lives just like family – every life deserves respect and fair treatment. Our dedicated team of legal professionals combines extensive knowledge and court-experience with an empathetic approach – understanding that filing a lawsuit following such profound grief is not always easy emotionally or financially.

Helping bereaved families navigate this challenging time forms our mainstay so if you bear the brunt of wrongful death damages, let’s discuss how we can lend support. Irrespective of where you are within Illinois or elsewhere seeking expert advice from us can make all the difference towards steering life back on course. Laws surrounding wrongful death cases seem reasonably straightforward but prove differing once applied to various situations each unique in its ways — reinforcing why guidance from experienced trial lawyers overshadows handling these alone by miles.

Click on the button below; Let’s help discern what your case could potentially be worth enlightening paths previously unexplored amidst distressingly turbulent times considering success stories numerous due compensation received rightly against undeserving loss stood testimonial over years serving as dependable injury lawyers throughout Illinois at Carlson Bier.

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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 Phoenix

Areas of Practice in Phoenix

Two-Wheeler Incidents

Proficient in legal assistance for people injured in bicycle accidents due to others's recklessness or risky conditions.

Scald Traumas

Offering specialist legal assistance for individuals of major burn injuries caused by incidents or negligence.

Physician Incompetence

Ensuring experienced legal assistance for individuals affected by hospital malpractice, including medication mistakes.

Merchandise Obligation

Taking on cases involving dangerous products, supplying professional legal assistance to individuals affected by product malfunctions.

Senior Mistreatment

Advocating for the rights of aged individuals who have been subjected to neglect in care facilities environments, ensuring justice.

Slip & Stumble Injuries

Expert in tackling tumble accident cases, providing legal advice to individuals seeking recovery for their suffering.

Neonatal Damages

Offering legal guidance for households affected by medical carelessness resulting in infant injuries.

Automobile Incidents

Accidents: Concentrated on aiding sufferers of car accidents receive appropriate payout for damages and losses.

Bike Incidents

Expert in providing legal advice for motorcyclists involved in motorbike accidents, ensuring rightful claims for harm.

18-Wheeler Mishap

Delivering experienced legal representation for drivers involved in semi accidents, focusing on securing appropriate recompense for damages.

Building Crashes

Committed to advocating for workmen or bystanders injured in construction site accidents due to negligence or irresponsibility.

Brain Injuries

Focused on extending expert legal assistance for victims suffering from neurological injuries due to negligence.

Dog Bite Harms

Skilled in addressing cases for victims who have suffered injuries from puppy bites or creature assaults.

Cross-walker Collisions

Focused on legal advocacy for cross-walkers involved in accidents, providing comprehensive support for recovering restitution.

Unjust Loss

Striving for bereaved affected by a wrongful death, extending sensitive and adept legal support to ensure fairness.

Vertebral Harm

Focused on supporting patients with spinal cord injuries, offering dedicated legal representation to secure justice.

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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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