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Wrongful Death Attorney in River Grove

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About Carlson Bier Associates

In the event of a devastating wrongful death accident in River Grove, Carlson Bier is the ultimate choice for compassionate and relentless representation. Having garnered extensive experience handling complex cases surrounding wrongful death issues, we offer an unparalleled understanding of both the emotional turmoil and legal intricacies you are facing. We firmly believe that no one should bear the burden of losing a loved one due to another’s negligence without receiving just compensation. Our dedicated attorneys pursue each case aggressively but with utmost respect to your grieving process—every step devoted towards achieving justice for your departed relative. With a impressive record in securing maximum settlements, trust that selecting Carlson Bier aligns you with not only experienced litigators, but also fierce advocates who fight uncompromisingly on your behalf—all while maintaining empathy at every interaction point as we navigate such delicate matters together. Let Carlson Bier be your beacon in navigating through these challenging times; when it comes to wrongful death suits within Illinois—we stand unmatched.

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About Carlson Bier

Wrongful Death Lawyers in River Grove Illinois

At Carlson Bier, we are profoundly committed to individuals and families affected by the tragedy of wrongful death in Illinois. Based on our years of experience as personal injury attorneys, we understand how devastating it can be to lose a loved one due to the negligence or misconduct of others. Navigating this sensitive area requires not just legal knowledge, but also compassion, understanding, and utmost diligence.

Wrongful death refers to cases where an individual is killed due to the negligent or intentional actions of another person or entity. It’s a statutory cause of action that allows surviving family members to seek damages such as lost companionship, lost future earnings and benefits, medical expenses prior to death or funeral and burial costs from those liable for their loved one’s demise.

In Illinois state law:

• Wrongful Death Act permits compensatory damages only.

• Survival Act sanctions awards for both punitive and actual damages.

The Surviving spouse or next of kin has legal right under the law to claim these damages through civil lawsuits.

Among many causes giving rise to wrongful death claims are car accidents caused by negligent drivers; premises liability incidents where hazardous conditions on someone else’s property lead to fatal injuries; medical malpractice resulting in deaths that could have been prevented with competent care; workplace accidents occurring because employers failed adequate safety standards; manufacturing defects found in products causing fatalities when used normally.

However complex these scenarios may seem initially, proving liability for wrongful death legally mandates establishing four critical elements beyond reasonable doubt – Duty of Care (the defendant owed some service/had some obligation towards deceased), Breach (this duty was violated), Causation (Violation directly contributing/facilitating accident) & Damages sustained (monetary burden as result).

As Personal Injury attorneys at Carlson Bier, our collective expertise guides you meticulously through each stage involved in pursuing rightful compensation following your significant loss. From assembling essential proofs supporting your case such as hospital records, eyewitness testimonies etc., tenderly preparing claimants for court testimonies should it come to that, understanding how settlement negotiations work or strategically interpreting nuances of involved insurance policies; we are there with you offering nuanced legal acumen as well as much needed respite during this grievous period.

The wrongful death statute in Illinois is complex and requires precision in its interpretation. Delving into various aspects of the law, we understand that it encompasses a broad range: be that defending your rights against possibly hostile insurance companies, tirelessly working through evidence to acquire a fair financial remuneration for what could be considered irreplaceable loss, or even giving voice to conflict resolution via alternative modes such like mediation. Intricacies of law when paired with emotionally charged situation can pose its share of challenges but our attorneys ensure you are not alone in this journey.

Being represented by an experienced and compassionate personal injury attorney from Carlson Bier differentiates the outcome significantly. We take pride in standing up for justice on behalf of those who felt the brutal impact of losing their loved ones prematurely due to negligent acts; believing ardently that no family should go under distress any more than they already have – whether emotionally, financially, or legally caused through circumstance utterly unforeseeable.

So let us support you during this demanding time. We’d value the opportunity to review your case details free-of-charge providing expert opinion about possible outcomes depending on various factors at play. Click on link below now and start discovering potential worth behind your claim; because ensuring necessary recompenses aiding you rebuild lives disrupted unexpectedly remain paramount amongst priorities at Carlson Bier – at every step along way towards achieving justice deserved.

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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 River Grove

Areas of Practice in River Grove

Pedal Cycle Crashes

Focused on legal representation for clients injured in bicycle accidents due to others' negligence or hazardous conditions.

Scald Damages

Offering professional legal services for patients of serious burn injuries caused by accidents or indifference.

Clinical Carelessness

Ensuring expert legal support for victims affected by medical malpractice, including negligent care.

Items Obligation

Addressing cases involving unsafe products, extending skilled legal services to customers affected by harmful products.

Geriatric Malpractice

Advocating for the rights of the elderly who have been subjected to malpractice in elderly care environments, ensuring justice.

Trip & Fall Incidents

Expert in dealing with trip accident cases, providing legal support to individuals seeking restitution for their losses.

Neonatal Traumas

Extending legal support for loved ones affected by medical incompetence resulting in neonatal injuries.

Auto Mishaps

Collisions: Concentrated on guiding individuals of car accidents gain just compensation for harms and destruction.

Motorcycle Crashes

Specializing in providing legal support for individuals involved in motorcycle accidents, ensuring fair compensation for traumas.

Big Rig Incident

Ensuring professional legal representation for individuals involved in trucking accidents, focusing on securing rightful settlement for damages.

Building Site Incidents

Engaged in representing staff or bystanders injured in construction site accidents due to oversights or irresponsibility.

Neurological Impairments

Focused on extending dedicated legal assistance for persons suffering from cognitive injuries due to misconduct.

K9 Assault Wounds

Expertise in dealing with cases for individuals who have suffered damages from dog attacks or creature assaults.

Cross-walker Crashes

Focused on legal representation for walkers involved in accidents, providing professional services for recovering compensation.

Unjust Passing

Standing up for grieving parties affected by a wrongful death, extending empathetic and professional legal representation to ensure justice.

Spinal Cord Harm

Committed to defending patients with spinal cord injuries, offering dedicated legal assistance 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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