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Wrongful Death Attorney in Port Barrington

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About Carlson Bier Associates

The tragedy of wrongful death leaves many unanswered questions and insurmountable grief. Navigating the murky waters of legal proceedings during this time can be daunting, which is where Carlson Bier comes in. Our firm specializes in Wrongful Death lawsuits; our commitment is to achieve justice for your loved one while providing comprehensive support throughout each step of the process. We understand every case is unique, reflecting personal loss rather than just a set of circumstances; therefore, we approach each case with compassion and robust legal representation – fighting hard while you grieve. We understand that nothing will bring your loved one back, but pursuing justice can provide closure and assist in alleviating financial hardship caused by unexpected funeral expenses or lost income. While proudly serving clients across Illinois state lines including Port Barrington, choose wisdom backed by years of experience coupled with personalized attention from Carlson Bier—the relentless advocates seeking restitution on behalf of those wrongfully bereaved.

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About Carlson Bier

Wrongful Death Lawyers in Port Barrington Illinois

Wrongful death is perhaps one of the most grievous occurrences anyone can encounter, given that it involuntarily robs us of our loved ones due to another party’s recklessness or inadvertence. At Carlson Bier, we empathize with the profound personal loss you are grappling with and are committed to guiding you through the ensuing legal battlefield intensively marred by statutes of limitations, liability, damages, insurance policies, and more.

Firstly, let’s clarify what wrongful death denotes. In Illinois law’s purview, wrongful death arises when a person loses life due to someone else’s willful act, misconduct or gross negligence. The family or estate survives the decedent for recovery in such cases under the Wrongful Death Act (740 ILCS 180/).

Some crucial aspects merit your attention in bringing forward a wrongful death claim:

• Establishing Negligence: It must be proved that the defendant owed an explicit duty of care towards the deceased and violated it accordingly.

• Proving Causation: A causal link between this breach and resultant fatality should be indisputable.

• Substantiating Damages: Economic (funeral expenses/lost earnings) and non-economic recompenses (emotional distress/grief) must be quantifiable.

Navigating these daunting prerequisites necessitates adept legal representation lest you risk undermining your justified recompense. Enter Carlson Bier – our experienced attorneys are poised to assume this onerous responsibility zealously while providing compassionate support throughout these tumultuous times.

Here’s how we add value to your pursuit of justice:

• In-depth case analysis: Every stone is turned over during our thorough investigation into both apparent factors within your claim and possible hidden elements subtly influencing its outcome.

• Array of experts at disposal: We collaborate with an extensive network ranging from accident reconstructionists to financial analysts for bolstering your stand beyond dispute.

• Contingency Fee Basis: Capitalizing on our revered legal acumen is not contingent upon upfront charges. If there’s no recovery, there won’t be a fee.

Wrongful death law in Illinois imposes stringent time limitations – specifying that claims must be filed within the deceased’s survival period (usually within one to two years). This underscores procuring expeditious counsel, which Carlson Bier can provide with an unrelenting focus on seeking justice for your dear departed.

At Carlson Bier, we understand this legal maze might seem daunting. Still confident with our comprehensive experience in wrongful death cases across Illinois, we are here to support and guide you every step of the way. Vouched for by countless satisfied clients who have credited us with alleviating their burden during trying times, we are ready to fight tooth and nail for you too.

We take pride in the relationships we foster with each client and attribute these connections as key determinants in the successes we’ve secured over decades operational within Illinois’ intricate legal system. From motorcycle accidents to nursing home neglect cases and everything between, our resilience shines through when seeking accountability from those accountable for irreplaceable losses while ensuring maximum compensation.

Perhaps closure at such moments seems elusive or even impossible. Yet financial recovery helps alleviate life’s pragmatic challenges ensuing from devastating loss; emotional healing infuses strength into your bereaved spirit. That’s where a seasoned team like Carlson Bier plays an essential role – assuaging fiscal concerns related to expenses incurred following unjust fatality whilst empowering you emotionally for coping better.

Albeit limited solace during such uniquely challenging times enveloped in grief-laden personal struggles alongside confusing legal intricacies, being guided by proficient lawyers substantially augments odds of obtaining rightful justice. Hence come aboard Team Carlson Bier – partnering together fosters much-needed assurance amidst chaos while embarking on a resilient quest towards reparation – navigating complex laws tenaciously yet empathetically without losing sight of inherent humanity entwined therein.

Your loved one’s life’s worth transcends measureless bounds. However, the legal landscape quantifies such claims largely bureaucratically, often overlooking emotional toll inflicted by wrongful death. Carlson Bier ardently believes in personalizing this impersonal process – channeling empathy into all interactions while relentlessly battling courtroom battles intended at achieving apt justice.

Naturally, you may wonder about potential compensation your case could yield. The answer isn’t straightforward due to several factors determining ultimate computations encompassing economic/non-economic damages alongside punitive awards whenever applicable. To comprehend better what financial reparation your pursuit of justice might culminate into, click on the button below for reaching out to us – Our experienced personal injury attorneys are ready to undertake an initial evaluation of your unique situation without obligation.

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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 Port Barrington

Areas of Practice in Port Barrington

Cycling Collisions

Proficient in legal services for victims injured in bicycle accidents due to others' recklessness or risky conditions.

Thermal Burns

Extending expert legal advice for victims of serious burn injuries caused by incidents or carelessness.

Medical Carelessness

Offering dedicated legal representation for patients affected by hospital malpractice, including negligent care.

Goods Fault

Addressing cases involving faulty products, supplying specialist legal help to clients affected by faulty goods.

Elder Abuse

Supporting the rights of elders who have been subjected to neglect in elderly care environments, ensuring compensation.

Trip and Stumble Accidents

Expert in tackling trip accident cases, providing legal advice to victims seeking compensation for their losses.

Birth Damages

Delivering legal aid for relatives affected by medical carelessness resulting in childbirth injuries.

Car Crashes

Collisions: Focused on helping victims of car accidents obtain appropriate recompense for injuries and damages.

Bike Accidents

Specializing in providing representation for bikers involved in two-wheeler accidents, ensuring rightful claims for losses.

Truck Mishap

Delivering adept legal support for persons involved in trucking accidents, focusing on securing appropriate claims for hurts.

Building Site Accidents

Engaged in defending staff or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Cerebral Impairments

Dedicated to delivering specialized legal services for persons suffering from cognitive injuries due to carelessness.

Dog Attack Wounds

Skilled in addressing cases for clients who have suffered harms from K9 assaults or wildlife encounters.

Jogger Mishaps

Expert in legal support for joggers involved in accidents, providing comprehensive support for recovering claims.

Unwarranted Death

Fighting for families affected by a wrongful death, extending caring and adept legal guidance to ensure compensation.

Backbone Trauma

Specializing in defending persons with spinal cord injuries, offering professional legal services 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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