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Wrongful Death Attorney in Rogers Park

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About Carlson Bier Associates

In the traumatic aftermath of losing a loved one due to the negligence of others, Carlson Bier, an authoritative and compassionate Wrongful Death attorney group in Illinois, stands as your undisputed ally. Serving individuals across various vicinities including Rogers Park, our firm grips firmly on justice’s gavel to ensure compensation is met for your untimely loss. We comprehend the sanctity of life; wrongful fatalities invoke financial burden and emotional pain that demand decisive legal recourse – it’s here that we step in. Combining an exemplary track record with personalized attention – every client isn’t just a case number at Carlson Bier. Our tireless dedication promises relentless advocacy for you amidst such agonizing times. As pioneers within personal injury law precincts in Illinois State laws catering to this sector are mastered by us impeccably – giving our clients comprehensive representation from start to end seamlessly! For those seeking unparalleled support during these trying times look nowhere else than Carlson Bier– putting ease first at each turn while maneuvering through the intricacies involved in successful wrongful death claims.

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About Carlson Bier

Wrongful Death Lawyers in Rogers Park Illinois

At Carlson Bier, our specialty lies in fiercely advocating for individuals and families who have suffered from Wrongful Death – a situation where the negligence or willful act of one party causes the death of another. This area of personal injury law is deeply complex and requires great skill, wisdom, and proficiency. Our dedicated team of personal injury attorneys based in Illinois brings extensive experience to bear on these emotionally-charged cases, providing guidance to victims’ family members during an overwhelming time.

Wrongful death claims involve intricate considerations. One crucial aspect covered includes compensation for certain damages that arise as a result of the untimely death such as:

– Loss of future earnings

– Medical expenses incurred before death

– Funeral costs

– Grief

– Emotional suffering inflicted upon surviving family members.

Victims could also pursue punitive damages when the wrongful action involves deliberate wrongdoing.

An undeniably crucial subject that often stirs confusion surrounds the question: “Who can file a wrongful death claim?” In Illinois, this right typically falls under direct blood relatives such as spouses, children or parents. If such immediate kin is non-existent then distant relatives may be allowed to make a claim.

Wrongful deaths are frequently tied with various incidents like vehicular accidents, medical malpractice, faulty product lawsuits among other scenarios all tentatively rest under its umbrella—clearly displaying how wide-ranging this realm truly is. For example:

-Car Accidents: Often due to reckless driving or intoxication.

-Medical Malpractice: Careless mistreatment leading to patient’s demise.

-Faulty Products: Companies unleash hazardously designed products into markets without taking adequate safety measures.

To produce a successful wrongful death claim by convincing juries on matters as delicate yet consequential as life itself calls not simply for adept legal acumen but also empathy—an attribute dearly embraced by us at Carlson Bier.

It’s worth mentioning that while it might look relatively straightforward, meeting all criteria to file an erroneous death claim can be a daunting task that can prove challenging without a well-seasoned attorney’s assistance. The burden of proof includes demonstrating beyond reasonable doubt, the defendant’s negligent or deliberate action leading directly to death.

Furthermore, wrongful death cases are notoriously replete with intense emotional turmoil and stress—an unexpected toll often ignored yet keenly understood by our empathetic legal team. Ensuring you aren’t alone in your darkest hour is a guiding ethos here at Carlson Bier.

Carlson Bier’s personal injury lawyers have substantial experience handling complex wrongful death claims throughout Illinois and fully appreciate their gravity. We’re uncompromising in the pursuit of justice for families affected by such tragic circumstances.

Our attorneys take great pride in their endorsement as fierce advocates for the people they represent. From obtaining necessary expert testimonies to rigorous negotiation with insurance carriers, each case receives meticulous attention right from inception through trial—working tirelessly securing just compensation for untold damages suffered by survivors after losing their loved ones prematurely due to someone else’s negligence.

While no amount of financial remuneration could possibly make up for the loss of life, it can assist significantly toward alleviating some pressing concerns like unforeseen medical expenses, funeral costs among others seldom considered whilst wading through grief.

Discover how an experienced Carlson Bier wrongful death lawyer can provide valuable guidance during this strenuous time while diligently working towards procuring much-deserved compensation and ensuring justice is dutifully served on behalf of your deceased loved one. To learn more about possible recourse available under Illinois law pertaining wrongful deaths, we invite you to click on the button below for a complimentary evaluation determining your case’s worth and feasible next steps.

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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 Rogers Park

Areas of Practice in Rogers Park

Cycling Mishaps

Proficient in legal representation for victims injured in bicycle accidents due to other parties' carelessness or hazardous conditions.

Scald Burns

Supplying specialist legal assistance for victims of serious burn injuries caused by accidents or negligence.

Physician Incompetence

Providing professional legal representation for persons affected by physician malpractice, including misdiagnosis.

Merchandise Liability

Handling cases involving unsafe products, delivering skilled legal services to victims affected by product-related injuries.

Geriatric Misconduct

Protecting the rights of aged individuals who have been subjected to misconduct in care facilities environments, ensuring protection.

Stumble & Tumble Occurrences

Adept in tackling fall and trip accident cases, providing legal representation to individuals seeking redress for their injuries.

Infant Damages

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

Automobile Mishaps

Collisions: Focused on supporting victims of car accidents secure just remuneration for harms and harm.

Motorcycle Incidents

Dedicated to providing legal advice for victims involved in scooter accidents, ensuring adequate recompense for harm.

18-Wheeler Crash

Providing adept legal support for victims involved in semi accidents, focusing on securing adequate settlement for damages.

Building Collisions

Focused on advocating for employees or bystanders injured in construction site accidents due to negligence or carelessness.

Neurological Impairments

Dedicated to providing professional legal assistance for victims suffering from head injuries due to negligence.

Dog Bite Harms

Skilled in managing cases for individuals who have suffered injuries from puppy bites or animal assaults.

Cross-walker Mishaps

Committed to legal representation for joggers involved in accidents, providing expert advice for recovering damages.

Unjust Demise

Striving for loved ones affected by a wrongful death, offering understanding and professional legal guidance to ensure justice.

Backbone Trauma

Committed to advocating for individuals with vertebral damage, offering dedicated legal representation 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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