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Wrongful Death Attorney in Portage Park

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About Carlson Bier Associates

With a staunch dedication to seeking justice in Wrongful Death cases, Carlson Bier serves residents of Portage Park and its surrounding areas. Our attorney group diligently persists in offering legal counsel that empathizes with your loss while aggressively advocating for deserved compensation. We don’t just litigate; we guide you through the complexities of Illinois law procedures, ensuring you are informed at every stage. At Carlson Bier, our experienced team has secured substantial settlements for many families experiencing bereavement due to negligence or intentional acts that led to wrongful death. We strategically piece together strong evidence and arguments by meticulously scrutinizing all facts related to each case − an approach which has repeatedly yielded favorable outcomes for our clients across multiple jurisdictions including Portage Park area matters especially concerning Wrongful Deaths claims. If you or someone in your beloved circle need competent representation following such mistiming incidents, trust that Carlson Bier will provide dedicated legal advocacy grounded on cooperation, dignity and unmatched expertise aimed at achieving justice within shortest possible timelines.

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About Carlson Bier

Wrongful Death Lawyers in Portage Park Illinois

At Carlson Bier, we are dedicated to cultivating a deep and comprehensive understanding of personal injury law in our pursuit of justice for those affected by wrongful death. A wrongful death claim arises when an individual dies due to the negligence or intentional conduct of another person. Losing a loved one is excruciatingly difficult but when that loss is caused by another’s wrongdoing, it can be even more challenging to grapple with.

Knowing your rights during such times is crucial as you navigate these complex circumstances. Under Illinois law, representation from a skilled personal injury lawyer can make all the difference in fighting for compensation deserved by your lost loved one’s estate as well as their surviving family members – compensation which may cover everything from medical costs incurred prior to death, funeral expenses, loss of future income as well as loss of companionship and guidance.

• Wrongful deaths may result from car accidents—if the accident was caused by negligence like drunk driving or reckless behavior.

• Medical malpractice—where health professionals fail to provide proper medical care leading to death.

• Work-related incidents—if correct safety measures weren’t pursued causing fatal incidents.

Awareness about what constitutes wrongful death ensures that you understand when legal action could be applicable. This might not turn back time or erase pain; but it does fight towards ensuring such misfortune doesn’t visit others under similar circumstances – and that helps honor the memory of your dearly departed family member.

In building a strong case:

1. Proof of Negligence: Demonstrating the defendant’s duty of care towards the deceased and making clear how this duty was breached causing resulting damages will need standing up in court.

2. Documentation: Maintaining thorough records related to the incident at hand (if available), particularly focusing on any negligent behaviors exhibited by other involved parties is fundamental.

3. Determination: A rigorous commitment to seek justice and rightful financial restoration led by expert litigators ensures better chances for being favoured courtroom proceedings.

Remember seeking a lawyer promptly has the benefit of enabling the early collection of reliable evidence. Time is of essence as many jurisdictions limit the duration within which a wrongful death claim could be filed – in Illinois, for instance, it’s usually two years from the date of death.

Carlson Bier specializes in providing these essential services to clients throughout Illinois. With esteemed expertise spanning over decades, they stand dedicated towards those affected by personal injury cases and to righting wrongs via unwavering pursuit of justice. The firm offers free initial consultations during which prospective clients can learn more about their case and discuss viable legal strategies with no strings attached.

Knowledgeable personal injury lawyers like Carlson Bier are prepared to fight tooth and nail for your rights on tough legal landscapes while simultaneously giving you the space needed to grieve and heal — ensuring that you don’t needlessly have to bear financial burdens ignited by another’s wrongdoing.

Navigate through such dismal times empowered with knowledge you require; reach out today for discerning professional guidance — ready not just to advise but also pay due respect and uphold undiminished highest quality standards we’re renowned for handling each case. Know what your case is worth? Click on the button below to get an understanding of how much rightful compensation might be due for navigated hardships suffered consequent upon a loved one’s wrongful passing away – a first step towards deserved closure and receiving justice due them.

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 Portage Park

Areas of Practice in Portage Park

Two-Wheeler Accidents

Proficient in legal assistance for people injured in bicycle accidents due to responsible parties' lack of care or risky conditions.

Burn Wounds

Supplying professional legal services for patients of severe burn injuries caused by incidents or indifference.

Medical Incompetence

Extending experienced legal assistance for individuals affected by medical malpractice, including misdiagnosis.

Items Obligation

Handling cases involving defective products, extending professional legal help to victims affected by product malfunctions.

Aged Abuse

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

Trip and Fall Accidents

Skilled in dealing with fall and trip accident cases, providing legal advice to clients seeking recovery for their harm.

Neonatal Wounds

Offering legal guidance for kin affected by medical negligence resulting in birth injuries.

Car Crashes

Collisions: Committed to supporting individuals of car accidents secure reasonable compensation for injuries and losses.

Scooter Collisions

Focused on providing legal advice for motorcyclists involved in motorcycle accidents, ensuring adequate recompense for damages.

Trucking Crash

Providing experienced legal services for clients involved in big rig accidents, focusing on securing appropriate recovery for hurts.

Construction Site Incidents

Focused on advocating for workmen or bystanders injured in construction site accidents due to oversights or negligence.

Brain Traumas

Committed to ensuring dedicated legal support for clients suffering from neurological injuries due to misconduct.

Canine Attack Damages

Specialized in tackling cases for individuals who have suffered wounds from canine attacks or animal assaults.

Cross-walker Accidents

Committed to legal representation for pedestrians involved in accidents, providing comprehensive support for recovering recovery.

Unwarranted Demise

Standing up for relatives affected by a wrongful death, delivering compassionate and expert legal support to ensure justice.

Spine Injury

Dedicated to supporting individuals with paralysis, offering dedicated legal support to secure redress.

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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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