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Wrongful Death Attorney in Potomac

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About Carlson Bier Associates

Navigating through the intricacies of a wrongful death case requires a skilled, sensitive yet tenacious legal representative. This describes Carlson Bier in essence – an Illinois-based personal injury law firm with distinguished experience in overcoming complex cases throughout diverse jurisdictions. Their knowledge and proficiency go beyond geographical boundaries as they understand that such painful situations can happen anywhere, extending their seasoned expertise to individuals dealing with wrongful deaths in Potomac. What sets Carlson Bier apart? Its team’s compassion and commitment are manifested through every step: From careful evaluation of your unique case to effectively liaising with claims adjusters or opposing counsels, providing expert legal advice while respecting your needs for closure during this challenging period. Anders Carlson & Gary Bier have established a strong reputation for persistent advocacy and relentlessly fighting for maximum compensation on behalf of bereaved families experiencing unimaginable loss, irrespective of where they reside within the state lines. Choose not just any lawyer group but rather one who specializes like us at Carlson Bier; we will steadfastly uphold your rights while offering you personalized guidance along the entire process.

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Wrongful Death Lawyers in Potomac Illinois

Navigating the difficult path that opens up after a family member’s wrongful death can be immensely stressful and emotional. During such challenging times, you need expert support to hold your hand, guiding you through this journey, ensuring justice is served. We at Carlson Bier are deeply committed to providing compassionately persistent legal representation with personalized attention for individuals seeking redressal in wrongful death suits within Illinois.

A wrongful death claim arises when an individual dies as a result of another person or entity’s negligent or intentional behavior. These cases share specific underlying traits – the defendant had a duty of care towards the deceased, the defendant breached this duty by acting negligently or intentionally causing harm, this breach directly resulted in death, and there have been resulting damages from this loss of life.

The aftermath that follows such catastrophic events can seem insurmountable without proper guidance. Let us enlighten you about some significant aspects surrounding wrongful death suits:

• Determining Liability: Identifying who is legally liable in these scenarios is crucial; it may be an individual, corporation or a governmental agency.

• Defining Damages: Families can seek compensation for non-economic damages like pain and suffering before passing away, loss of companionship among others. Additionally economic contributions including potential future earnings could also form part of your claim.

• Intense Investigation Procedures: Rigorous fact-finding procedures precede all wrongful death claims necessitating extensive cooperation and patience.

When navigating such complex situations with numerous legal nuances at stake; trusting our seasoned team at Carlson Bier becomes pivotal.

Every case varies considerably based on various factors but understanding laws surrounding limitations is vital. In Illinois, the statute provides two years from the victim’s death date to file suit against potential defendants involved in causing this untimely demise due to their negligence.

At Carlson Bier we strive hard not just proving fault but making sure fair compensation recuperates your immeasurable loss promptly tackling any objections made during negotiations. We value the principle of accountability and passion for justice serving as steadfast advocates for our clients.

Our proficient attorneys work closely with you understanding every minute detail about your case, investigating thoroughly to construct a powerful litigation strategy. Our decade long experience in dealing with diverse wrongful death cases equips us to capably handle even complicated cases ensuring justice is unfailingly delivered.

We recognize embarking on filing a wrongful death suit can be, both emotionally challenging and a tedious process. Nonetheless, it’s an essential step towards achieving closure and recognition of your loved one’s untimely loss while holding those responsible accountable. One needs to remember that true strength lies in seeking help when necessary.

At Carlson Bier, we offer free initial consultations assuring utmost confidentiality allowing you to understand if pursuing legal action is right for you without any financial burdens upfront. Trust us to navigate these challenging waters providing solid counsel at each juncture supporting your rights along the way.

Your search for assistance from experienced lawyers stops here at Carlson Bier – an unwavering beacon of hope during your difficult times instilling faith in our judiciary system restituting rightful claims smoothly and effectively.

Are you wondering what your potential claim could be worth? Click the button below now and allow us at Carlson Bier help assist you through this distressing journey supplying expert advice sourced from years of dedicated client advocacy in successfully handling wrongful death suits across Illinois.

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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 Potomac

Areas of Practice in Potomac

Cycling Incidents

Specializing in legal assistance for people injured in bicycle accidents due to others's negligence or perilous conditions.

Burn Damages

Providing specialist legal advice for individuals of intense burn injuries caused by incidents or indifference.

Medical Misconduct

Offering experienced legal services for patients affected by medical malpractice, including surgical errors.

Products Responsibility

Managing cases involving problematic products, offering professional legal guidance to consumers affected by harmful products.

Aged Misconduct

Protecting the rights of the elderly who have been subjected to neglect in elderly care environments, ensuring justice.

Tumble and Slip Incidents

Adept in tackling fall and trip accident cases, providing legal assistance to individuals seeking restitution for their suffering.

Birth Wounds

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

Auto Crashes

Mishaps: Devoted to supporting sufferers of car accidents receive reasonable remuneration for injuries and impairment.

Bike Incidents

Dedicated to providing legal advice for motorcyclists involved in bike accidents, ensuring justice for traumas.

18-Wheeler Incident

Providing expert legal representation for persons involved in lorry accidents, focusing on securing appropriate recovery for injuries.

Construction Site Accidents

Focused on advocating for workmen or bystanders injured in construction site accidents due to safety violations or misconduct.

Neurological Injuries

Dedicated to delivering expert legal assistance for persons suffering from brain injuries due to accidents.

K9 Assault Damages

Adept at dealing with cases for people who have suffered traumas from dog bites or wildlife encounters.

Foot-traveler Mishaps

Specializing in legal representation for joggers involved in accidents, providing comprehensive support for recovering restitution.

Undeserved Death

Fighting for grieving parties affected by a wrongful death, providing compassionate and expert legal services to ensure restitution.

Spine Impairment

Expert in defending individuals with spine impairments, offering professional legal assistance 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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