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Wrongful Death Attorney in Roseville

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Ensuring fair justice in the wake of a loved one’s demise due to negligence or misconduct is an integral part of healing. Engaging experienced Wrongful Death attorneys like Carlson Bier, renowned for their unwavering commitment towards their clients, can vaporize this weight off your shoulders. With comprehensive knowledge on Illinois’ wrongful death laws and uncompromising dedication to truth and justice, they have consistently secured rightful compensation for bereaved families across Illinois. Their attorneys navigate through complexities with ease by meticulously layering persuasive legal arguments upon robust investigative research. Thorough preparation ensures targeted strategies that result in optimal settlements – acknowledging both emotional trauma and monetary losses faced by surviving family members. Choosing Carlson Bier dwells beyond court representations; it encompasses compassionate counseling alongside focused litigation service tailored to understand unique circumstances and human feelings involved in each case. In regrettable circumstances resulting in wrongful fatalities, secure your peace with reliable advocates at Carlson Bier enhancing effective pursuit towards justice you deserve!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Roseville Illinois

At Carlson Bier, our team of seasoned personal injury attorneys believes in seeking justice for those who have been unfairly bereaved. As reliable legal professionals with a robust practice in Illinois, we are committed to providing comprehensive educational information about Wrongful Death to ensure that our clients and prospective clients can make informed decisions regarding their legal proceedings.

Wrongful death cases require careful navigation due to the emotional toll they take on families and individuals involved. Our knowledgeable team firmly understands this scenario because wrongful death is not just about losing someone; it’s about being denied the right to bid that person goodbye in their old age or after a natural course of life. This loss isn’t merely sentimental but also incurs financial implications that most insurers downplay—something we at Carlson Bier intend to rectify by touching upon key aspects:

– Definition: A wrongful death case emerges when fatality results from avoidable circumstances such as medical malpractice, product liability, auto accident, and more caused by another person’s neglect.

– Statutory Elements: Illinois law states three necessary components for one to lodge a wrongful death claim: Person’s death due to someone else’s deliberate harmful act/negligence; if the deceased would have pursued an injury lawsuit had they survived; there are surviving family members entitled to damages.

– Compensation scope: Surviving kin may qualify for various compensatory damages like funeral expenses, lost inheritance prospects, medical costs incurred before demise, mental suffering compensation (grief), loss of companionship/parental guidance.

As specialized lawyers based out of Illinois, we understand these complexities surrounding Wrongful Death claims alongside the state specifics associated with them. We stand firm by offering empathy-driven strategic counsel while navigating these emotionally taxing situations alongside you.

At Carlson Bier, we don’t just argue for justified reparations—we arm our clients with preemptive awareness giving them control over their rightful claims—in mitigation strategy and damage entitlements individualized to each case peculiarities. We acknowledge that quantifying the loss of a loved one seems unimaginable; nevertheless, it is feasible through justifiable compensation within Illinois law.

Our steadfast attorneys boast years of hands-on experience in tackling intricate Wrongful Death cases and seeking rightful restitution via strategic, compassionate advocacy. Their unique combination of intimate local laws comprehension and broad wrongful death specialty know-how fortifies our ability to net comprehensive settlements for clients effectively. Our unyielding passion fuels our commitment to procure justice for those wrongfully bereaved.

We’re well-versed with the impact caused by shocking fatality brought about by negligence—financial burden alongside mental, emotional upheaval—it’s menacing bearing evidence that your dear family member didn’t die naturally but was robbed off life through someone’s senseless act. At Carlson Bier—we empathize, we understand, we champion for you!

Personal injury litigation burgeon fast-paced changes: legal advice today may bear unperturbed alteration tomorrow at any juncture should new legal precedents emerge or statutory laws change altering related legal avenues available.

That said, Carlson Bier isn’t just another personal injury law firm; we are your partners vested firmly in securing your rightful dues! To get an estimate on how much worth could be attached to your case specifically under prevailing Illinois law standpoints, don’t hesitate to reach out—it’s as easy as clicking the button below! Reclaim justice due to you today—reach out NOW—and find value beyond mere estimates.

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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 Roseville

Areas of Practice in Roseville

Bicycle Mishaps

Expert in legal assistance for clients injured in bicycle accidents due to others' recklessness or unsafe conditions.

Burn Injuries

Supplying professional legal services for sufferers of major burn injuries caused by accidents or misconduct.

Physician Misconduct

Providing dedicated legal support for individuals affected by healthcare malpractice, including negligent care.

Items Fault

Addressing cases involving problematic products, extending expert legal guidance to consumers affected by harmful products.

Geriatric Malpractice

Defending the rights of elders who have been subjected to abuse in nursing homes environments, ensuring protection.

Tumble and Stumble Accidents

Expert in addressing fall and trip accident cases, providing legal advice to persons seeking compensation for their damages.

Infant Traumas

Supplying legal assistance for relatives affected by medical misconduct resulting in newborn injuries.

Vehicle Incidents

Accidents: Dedicated to assisting individuals of car accidents get just remuneration for damages and destruction.

Scooter Incidents

Focused on providing legal services for bikers involved in two-wheeler accidents, ensuring rightful claims for harm.

Truck Crash

Extending professional legal support for drivers involved in semi accidents, focusing on securing appropriate claims for losses.

Worksite Accidents

Dedicated to supporting staff or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Brain Injuries

Dedicated to offering dedicated legal assistance for victims suffering from head injuries due to carelessness.

Canine Attack Traumas

Adept at dealing with cases for people who have suffered injuries from dog bites or animal attacks.

Foot-traveler Crashes

Dedicated to legal advocacy for foot-travelers involved in accidents, providing dedicated assistance for recovering damages.

Wrongful Passing

Working for bereaved affected by a wrongful death, extending caring and skilled legal representation to ensure compensation.

Neural Injury

Specializing in advocating for clients with paralysis, offering specialized legal representation to secure justice.

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