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Wrongful Death Attorney in Plainfield

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About Carlson Bier Associates

When faced with the heart-wrenching reality of a wrongful death, seek justice confidently with Carlson Bier. For years, we have ardently provided legal assistance to those affected by such tragic events in Illinois while offering specific expertise for clients situated in Plainfield. A profound understanding of local laws and regulations intricately knitted into our practice makes us capable allies during your most trying times. As diligent wrongful death lawyers at Carlson Bier, we navigate this complex domain with deep empathy and unyielding aggressiveness towards securing rightful compensation for our clients’ heartbreaking losses. Our unmatched commitment extends beyond client representation—we act as your steadfast participants in the journey through grief, recovery, and ultimately obtaining justice. We believe every case is unique; hence we formulate tailored strategies designed to challenge even the most formidable opponents legally. With integrity embedded firmly within our values foundation—Carlson Bier sets its sights on alleviating despair promptly without compromising quality service or results-driven outcomes because you deserve nothing but exceptional legal resources that can transform hurt into healing.

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About Carlson Bier

Wrongful Death Lawyers in Plainfield Illinois

At Carlson Bier, we specialize in personal injury law, particularly Wrongful Death cases in Illinois. Wrongful death is a legal term that refers to situations where someone dies due to the negligence or misconduct of another party. These tragic experiences leave relatives and dependents not only dealing with immense emotional pain but often significant financial burdens as well.

Understanding what wrongful death entails is crucial for importunate litigations. If your loved one’s demise was caused by reckless behavior such as drunk driving, medical malpractice, workplace accidents or faulty products – you’re likely faced with a wrongful death circumstance. In these instances, filing a wrongful death lawsuit can provide necessary compensation for funeral expenses, lost income potential and intangible losses like companionship.

• Responsibility: Here at Carlson Bier, we shoulder the responsibility of ensuring justice prevails. We hold third parties accountable when their conduct has resulted in fatal outcomes.

• Compensation Claim: Our seasoned attorneys are adept at evaluating various factors to claim rightful compensation for our clients ranging from loss of future earnings, cost of pre-death medical care to the mental anguish suffered by survivors.

• Evidence Gathering: We take charge of gathering relevant evidentiary support to place before the judicial body – police reports, witness statements and expert testimonies.

Our approach is meticulous yet empathetic because at Carlson Bier we understand that no sum can nullify your loss; however substantial redressal aids in easing post-tragedy burden on multiple fronts like household sustenance amidst sudden familial disruption.

A wrongful death suit can be exhaustively complicated entailing intricate analyses under diverse heads such as pecuniary injuries including potential earning capacity had the untimely death being avoided vis-à-vis age & character; benefits lost owing to early departure like pension plans or medical insurance coverages; funding for foreseeable amenities hitherto catered by departed like education etcetera. Juxtapose this along grief torment associated with an abrupt bereavement can leave one overwhelmed.

• Calculation of Damages: We entrust vetted economic experts for a thorough analysis of each case scenario, providing a comprehensive damages calculation.

• Representation and Litigation: Our expert attorneys represent your best interests in court and communicate with insurance companies on your behalf, aiming to secure the maximum compensation due to you.

Carlson Bier prides itself in its unflinching commitment toward providing superior legal guidance tailored according to individual client needs. Despite no enforceable standard measure existing for wrongful death claims determination, our adroit lawyers analyze every unique situation holistically guided by judicial precedents thereby delivering personalized solutions envisioned at optimizing rightful entitlements.

Allow us to do the heavy lifting while you focus on healing. Trust that Carlson Bier will make sure justice is served swiftly and effectively as we navigate all complexities associated with wrongful death lawsuits together.

Ensure not just proper but truly effective legal representation when it comes to pursuing a Wrongful Death lawsuit – ensure Carlson Bier representation. Navigate below and click the button therein. Let’s take stock of your case potential worth together because everyone deserves justice – because you deserve Settlements that Set Standards! We are ready when you are, right here in Illinois, never compromising on empathetic service delivery or meticulous attention throughout this challenging journey.

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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 Plainfield

Areas of Practice in Plainfield

Bike Crashes

Focused on legal assistance for persons injured in bicycle accidents due to negligent parties' negligence or perilous conditions.

Fire Traumas

Supplying professional legal assistance for individuals of serious burn injuries caused by mishaps or misconduct.

Hospital Negligence

Ensuring experienced legal representation for clients affected by physician malpractice, including medication mistakes.

Goods Accountability

Managing cases involving defective products, extending skilled legal help to consumers affected by harmful products.

Nursing Home Malpractice

Supporting the rights of nursing home residents who have been subjected to misconduct in care facilities environments, ensuring justice.

Tumble & Trip Accidents

Specialist in managing trip accident cases, providing legal services to individuals seeking restitution for their losses.

Childbirth Wounds

Extending legal aid for families affected by medical negligence resulting in newborn injuries.

Vehicle Incidents

Incidents: Focused on helping victims of car accidents obtain appropriate remuneration for wounds and impairment.

Scooter Mishaps

Expert in providing legal advice for riders involved in scooter accidents, ensuring just recovery for harm.

Semi Incident

Offering professional legal services for persons involved in semi accidents, focusing on securing fair settlement for hurts.

Construction Site Accidents

Focused on defending workers or bystanders injured in construction site accidents due to oversights or carelessness.

Cognitive Damages

Expert in ensuring expert legal advice for individuals suffering from neurological injuries due to misconduct.

Dog Bite Injuries

Adept at managing cases for people who have suffered traumas from K9 assaults or animal attacks.

Pedestrian Accidents

Expert in legal advocacy for foot-travelers involved in accidents, providing dedicated assistance for recovering restitution.

Unwarranted Fatality

Striving for loved ones affected by a wrongful death, providing sensitive and professional legal support to ensure restitution.

Vertebral Damage

Focused on assisting victims with spinal cord injuries, offering dedicated legal guidance to secure compensation.

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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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