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Wrongful Death Attorney in Rochester

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In navigating the unfortunate episodes of wrongful death, Carlson Bier invites Rochester’s bereaved to engage our proven legal prowess. This top-rated personal injury law firm, expert in handling wrongful death cases has raised the bar with its dedicated and competent team. Our seasoned litigators have a successful track record of securing maximum compensation for loss and trauma endured by our clients, crafted over years of unrivaled courtroom experience in Illinois. We offer irreplaceable guidance while tackling overwhelming paperwork and negotiations involved in such affairs so you can focus on healing from your tragic circumstance. Trusting us means opting for fierce advocates who comprehend how this distressing event can ripple through families emotionally and financially. At Carlson Bier, we make it a priority not just to win cases but also touch lives by effectively enforcing justice in these trying times proudly making us an invaluable choice as your representing lawyer during undesired instances like a wrongful death case.

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About Carlson Bier

Wrongful Death Lawyers in Rochester Illinois

At Carlson Bier, we are dedicated to providing the best possible legal representation for the victims of wrongful death in Illinois. By specializing exclusively in personal injury law, including cases involving wrongful death, our firm has cultivated an unrivalled depth of expertise that is thoughtfully tailored to meet and advocate for the needs of our clients skillfully and successfully.

Wrongful Death claims understandably entail a heart-wrenching ordeal that no one should have to bear. Ordinarily arising from fatal injuries due to negligent accidents or intentional harm caused by others, these cases dictate a legal remedy in favor of those surviving family members who were financially or emotionally dependent on the deceased individual. These remedies serve as compensations for financial losses they incur such as loss of future earnings, funeral expenses, medical bills prior to demise along with non-economic damages like grief and bereavement. Although we completely acknowledge money cannot compensate for your devastating loss; it can significantly lighten immediate financial burdens and contribute towards a secure long-term future at such trying times.

Observe the following key elements crucial in ensuring success when proceeding with a Wrongful Death lawsuit:

• Establish Duty Of Care: Showing that defender had a legal obligation towards maintaining safety measures which would prevent causing any form of harm.

• Breach Of Duty: Providing proof that defender neglected duty leading to compromising safety.

• Causation Confirmation: Verifying clear causation between Defender’s breach actions (or lack thereof) directly resulting in victim’s death.

• Damages Determination: Realized external costs relating directly back to loss experienced including finances or emotional distress.

Remember – time plays an extremely vital role too! The State Laws of Illinois impose specific statutes of limitations which governs filing deadlines for various types of civil lawsuits including wrongful deaths since these timelines ensure evidence remains fresh while witnesses’ memories remain undiluted – creating critical components towards effectively arguing your case out.

Importantly at Carlson Bier, you’ll find our team of dedicated wrongful death attorneys who diligently strive to comprehensively understand your agony and compensate for the same by delivering personalized service to every single client they represent. With us, it’s not just about winning cases; it’s more so about offering compassion-led legal assistance served through excellence in advocacy supporting those navigating through through their most challenging times.

While we definitely cannot bring back your loved ones – we can help bring justice on their behalf while ensuring you receive the rightful claim you deserve. We pride ourselves on being prepared, aggressive, and dedicated towards fighting fiercely for maximum compensation possible which includes representing you at trial if required too.

Our commitment is always aimed towards expanding beyond courts and advocating effectively to reach out with a lending hand that extends sympathy for bereaved families left behind supporting them throughout their grieving process and beyond.

Facing such a tragic time can seem overwhelming indeed but ensure that you do not face this battle alone – Let Carlson Bier be there for you!

Get in touch today via clicking on the button below! Discover an instant estimate towards understanding what actual value your case holds: Trust us when we confidently say – choosing Carlson Bier as your Personal Injury Lawyer representation could very well be that crucial difference between winning substantial damage awards or nothing at all because of reckless actions from others causing untimely demise of a love one! So step ahead right now and find out how much is your Wrongful Death case worth. Rest assured knowing Carlson Bier stands beside you championing tirelessly towards achieving justice every step along the way.

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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 Rochester

Areas of Practice in Rochester

Pedal Cycle Accidents

Focused on legal representation for persons injured in bicycle accidents due to others' recklessness or perilous conditions.

Thermal Injuries

Extending professional legal help for victims of major burn injuries caused by incidents or recklessness.

Hospital Malpractice

Providing dedicated legal services for patients affected by medical malpractice, including misdiagnosis.

Goods Fault

Handling cases involving unsafe products, delivering professional legal support to consumers affected by faulty goods.

Elder Neglect

Advocating for the rights of elders who have been subjected to abuse in nursing homes environments, ensuring justice.

Slip & Slip Accidents

Professional in managing trip accident cases, providing legal services to clients seeking restitution for their suffering.

Infant Harms

Providing legal aid for relatives affected by medical misconduct resulting in neonatal injuries.

Motor Accidents

Mishaps: Focused on assisting sufferers of car accidents receive reasonable settlement for damages and damages.

Motorbike Collisions

Focused on providing legal advice for motorcyclists involved in two-wheeler accidents, ensuring justice for traumas.

Trucking Crash

Delivering experienced legal assistance for clients involved in lorry accidents, focusing on securing appropriate recompense for harms.

Building Site Mishaps

Dedicated to advocating for employees or bystanders injured in construction site accidents due to recklessness or misconduct.

Brain Injuries

Committed to extending expert legal assistance for victims suffering from brain injuries due to negligence.

K9 Assault Damages

Specialized in addressing cases for individuals who have suffered wounds from dog bites or animal assaults.

Foot-traveler Incidents

Specializing in legal assistance for walkers involved in accidents, providing expert advice for recovering claims.

Unwarranted Loss

Fighting for bereaved affected by a wrongful death, offering understanding and expert legal services to ensure compensation.

Neural Injury

Dedicated to assisting clients with spinal cord injuries, offering professional legal support to secure recovery.

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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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