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Wrongful Death Attorney in Rockdale

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About Carlson Bier Associates

If you’re dealing with the pain and heartache of managing a wrongful death case in Rockdale, Carlson Bier is a legal ally that stands distinctively qualified to help. As an esteemed personal injury law firm based in Illinois, we specialize in providing unparalleled representation for wrongful death cases. Our attorneys have years of experience delivering fair compensation and justice for clients who have lost their loved ones due to others’ negligence or intentional wrongdoing. At Carlson Bier, our prowess extends beyond mere knowledge of the law—we possess profound empathy and dedication necessary when navigating these emotionally charged situations. We consistently emphasize clarity, guiding our clients through complex legal waters whilst ensuring transparency at all times. Challenging as your situation may be right now; you don’t need to face it alone—partner with us at Carlson Bier so you can focus on healing while we champion justice on behalf of your beloved one.

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About Carlson Bier

Wrongful Death Lawyers in Rockdale Illinois

At Carlson Bier, we understand the profound sense of loss and devastation that comes with the sudden demise of a loved one due to negligence or misconduct of another party. As experienced personal injury attorneys serving Illinois, our mission involves providing compassionate legal assistance as well as educating our clients about their rights in instances of wrongful death.

Evidently, tragic situations often lead to more questions than answers. However, it is critical for survivors to understand that the law provides paths for justice. Wrongful death occurs when an individual’s demise results from negligent, careless, intentional, or reckless actions by another person or entity. Simply put- if your loved one would have been able to file a personal injury claim had they survived, then likely a wrongful death claim can be filed on their behalf.

• Wrongful death claims may arise from varying circumstances including motor vehicle accidents caused by impaired drivers; medical malpractice where doctors fail to diagnose ailments leading to fatalities; defective products causing death and unpredictable fatal workplace accidents.

• It should be noted that only specific persons like immediate family members – spouse and children – are typically allowed by Illinois law to file wrongful deaths lawsuits. In some cases though, parents who lose children or dependents who are economically affected may also sue for wrongful death.

Benefits you stand to gain from pursuing a wrongful death lawsuit include compensation covering lost wages from deceased person if they were deemed the main breadwinner; Loss of companionship; grief anguish and suffering; Compensation covering medical costs accrued while treating the deceased before succumbing; Funeral arrangements expenses.

We at Carlson Bier pride ourselves in having extensive experience handling such unfortunate lawsuits which ties into having vast knowledge necessary in building compelling cases ultimately ensuring justice is served accordingly.

Navigating through complex legal systems requires an ally possessing relevant expertise paired with empathy since such times prove emotionally draining. Thus, our team ensures clients receive ample guidance during every step yielding smoother processes paving way towards successful outcomes

Before envisioning filing a wrongful death lawsuit, keep in mind that Illinois defines a statute of limitations – timetable by which lawsuit needs filed, typically within two years from deceased person’s date of death. Therefore, reaching out to us early enough allows for sufficient case investigation and preparation periods increasing your chances towards achieving favorable results.

Our primary objective goes beyond winning cases because at Carlson Bier we cherish establishing long-lasting relationships based on mutual respect coupled with shared trust. We strive towards zero instances where clients feel ignored or left out rather we ensure consistent communication providing regular updates as transpires during such lawsuits process.

We believe in absolute transparency hence our fee structure operates on contingency – simply put you don’t pay any upfront legal fees so if somehow no compensation is recovered there’s absolutely no cost linked to hiring us; this translates to unrestricted access to excellent legal representation following devastating events regardless of immediate financial circumstances.

At the end of this page you’ll find a button offering you the opportunity to delve further into what kind of settlement you could be due for suffering such an unfortunate ordeal. By clicking on it, our team will get notified instantly and commence preparations aiming towards evaluating details linked to potential claim without losing sight of your best interests. Should you choose Carlson Bier as your legal ally rest assured given our commitment lies unwaveringly in advocating for rightful compensation upholding justice levels in unexpected situations involving loss of loved ones due to other people’s misconducts or negligence.

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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 Rockdale

Areas of Practice in Rockdale

Bike Collisions

Specializing in legal assistance for victims injured in bicycle accidents due to responsible parties' carelessness or dangerous conditions.

Flame Traumas

Supplying specialist legal advice for victims of intense burn injuries caused by incidents or indifference.

Clinical Carelessness

Offering professional legal representation for clients affected by healthcare malpractice, including wrong treatment.

Products Accountability

Handling cases involving dangerous products, delivering adept legal services to clients affected by product malfunctions.

Senior Misconduct

Supporting the rights of nursing home residents who have been subjected to malpractice in care facilities environments, ensuring compensation.

Trip & Trip Occurrences

Skilled in dealing with tumble accident cases, providing legal assistance to persons seeking redress for their damages.

Childbirth Harms

Delivering legal support for households affected by medical incompetence resulting in birth injuries.

Automobile Crashes

Mishaps: Concentrated on supporting clients of car accidents receive equitable payout for damages and impairment.

Bike Mishaps

Committed to providing representation for bikers involved in bike accidents, ensuring just recovery for harm.

18-Wheeler Incident

Providing expert legal assistance for victims involved in truck accidents, focusing on securing fair recovery for harms.

Building Crashes

Engaged in advocating for laborers or bystanders injured in construction site accidents due to negligence or misconduct.

Cerebral Harms

Dedicated to delivering dedicated legal representation for persons suffering from neurological injuries due to accidents.

K9 Assault Damages

Specialized in dealing with cases for victims who have suffered harms from canine attacks or beast attacks.

Cross-walker Accidents

Dedicated to legal assistance for pedestrians involved in accidents, providing dedicated assistance for recovering damages.

Undeserved Passing

Working for relatives affected by a wrongful death, supplying sensitive and experienced legal support to ensure justice.

Backbone Impairment

Expert in assisting persons with spinal cord injuries, offering specialized legal assistance 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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