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Wrongful Death Attorney in Saint Charles

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When residents of Saint Charles need a Wrongful Death attorney, Carlson Bier is the crucial ally to seek. We bring unparalleled commitment to delivering justice for our clients combined with deep expertise in the complexities of Illinois wrongful death laws. Our clients find solace knowing they have an empathetic and tenacious team defending their rights while easing the burdens that arise during such tragic times. Embodying professionalism and compassion, our attorneys guide you through every stage, from understanding your rights to obtaining maximum worth indemnity for your loss. Carlson Bier’s passion for protecting its clients has cemented us as leading wrongful death practitioners in Illinois state courts with a stellar track record of successful settlements and verdicts on behalf of grief-stricken families. With comprehensive client representation executed by top-ranking litigators at Carlson Bier, wrongfully-bereaved individuals can be reassured that their interests will be fiercely defended ensuring sonsiderations needed for enduring such life-altering setbacks are duly factored into consent decree preparations or when arguing cases before juries if necessary.

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About Carlson Bier

Wrongful Death Lawyers in Saint Charles Illinois

When unfortunate events strike, leading to the loss of a loved one due to someone else’s negligence or intentional action, you have the right, under Illinois law, to bring a wrongful death claim. At Carlson Bier Associates LLC., an accomplished personal injury attorney group based in Illinois, we specialize in representing clients who are enduring such heartrending situations.

Wrongful death refers to cases where an individual dies due to the legal fault of another person – perhaps resulting from medical malpractice, accidents caused by reckless driving or impaired motorists, workplace disasters and more. In these circumstances, immediate family members – spouses and children particularly – can be eligible for financial compensation.

Understanding your rights is crucial. We delineate some essential points below:

– Only certain individuals can file a wrongful death claim. This typically includes immediate family members like children and surviving spouse; however parents may file if there are no surviving spouses or offspring.

– The guilty party need not always face criminal charges for their misconduct causing wrongful death and it does not impact the verdict too. A wrongful death claim is civil action separate from any potential criminal matter.

– Wrongful Death Claims include various types of damages like sorrow/grief/mourning/loss of consortium(or society), lost wages/earnings (which victim might have earned if lived normal life span), medical costs related with deceased’s final injury/illness etc.

Through decades of experience handling multitudes diverse wrongful death lawsuits our team at Carlson Bier has honed its skills. As seasoned negotiators and trial lawyers who’ve successfully advocated for throughout this emotionally challenging time process – you can trust us with your case needs language understandable by everyone describing what makes instead could be construed misleading information that it legal industry terminology jargon filled profession is here support during tough moment preserving all viable avenues recovery while defending against any purported defenses raised defendants trying avoid liability repercussion negligent acts care they owed.

Our Illinois based firm provides pro bono consultations for potential clients. This non-obligatory meeting allows you to discuss your case specifics with an experienced attorney who can offer initial advice and guide you through what you might expect from the legal process ahead.

We strive to achieve justice for families torn apart by preventable tragedy, aiming not just for appropriate compensation but also hopefully prompting change in behavior or policy that reduces the likelihood of future negligence-related fatalities. Carlson Bier Associates takes pride in delivering compassionate yet formidable representation advocating persistently against even most daunting opponents taking into account every minute detail relevant securing maximum restitution providing survivors economic solace closure needed move forward life’s unpredictable path following such an indescribable loss.

Do not let confusion about Illinois wrongful death rules add burden to your already emotionally charged situaton. Now is a time when expert advice truly counts – support from professionals empathetic to your grief, yet tenacious enough fight relentlessly on your behalf ensuring they bring justice home where it quite rightly belongs.

If your loved one’s untimely passing was due to others’ inaction or reckless conduct, Carlson Bier Associates will stand firmly alongside you seeking justice. Click on the button below today to find out how much potentially could be claimed for wrongful death damages amassed following this devastating event – no obligation just pure professional supportive assistance awaiting help navigate turbulent legal waters ushering via uncharted territories back towards calmer seas hoped brighter tomorrows.

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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 Saint Charles

Areas of Practice in Saint Charles

Cycling Crashes

Proficient in legal advocacy for clients injured in bicycle accidents due to responsible parties' negligence or risky conditions.

Burn Injuries

Giving specialist legal assistance for individuals of major burn injuries caused by mishaps or misconduct.

Clinical Incompetence

Extending expert legal services for clients affected by medical malpractice, including misdiagnosis.

Commodities Obligation

Taking on cases involving unsafe products, providing professional legal support to victims affected by defective items.

Senior Malpractice

Protecting the rights of elders who have been subjected to mistreatment in aged care environments, ensuring compensation.

Trip & Slip Injuries

Specialist in tackling fall and trip accident cases, providing legal support to clients seeking compensation for their suffering.

Neonatal Wounds

Delivering legal support for relatives affected by medical malpractice resulting in birth injuries.

Automobile Crashes

Crashes: Committed to supporting victims of car accidents gain equitable settlement for wounds and losses.

Two-Wheeler Mishaps

Expert in providing representation for victims involved in two-wheeler accidents, ensuring adequate recompense for injuries.

Truck Collision

Extending specialist legal advice for victims involved in semi accidents, focusing on securing appropriate recovery for harms.

Construction Site Accidents

Engaged in supporting staff or bystanders injured in construction site accidents due to safety violations or negligence.

Neurological Traumas

Specializing in ensuring specialized legal representation for victims suffering from brain injuries due to negligence.

Dog Attack Damages

Adept at dealing with cases for individuals who have suffered traumas from puppy bites or wildlife encounters.

Foot-traveler Crashes

Focused on legal advocacy for foot-travelers involved in accidents, providing professional services for recovering restitution.

Unfair Loss

Striving for bereaved affected by a wrongful death, delivering caring and experienced legal services to ensure redress.

Spine Injury

Dedicated to assisting clients with paralysis, offering dedicated legal support to secure settlement.

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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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