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Wrongful Death Attorney in Salem

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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

At Carlson Bier, we’re committed to providing exceptional wrongful death representation, upholding justice for Salem families. Our firm’s experience and dedication set us apart in intricate wrongful death proceedings, handling each case with the utmost sensitivity and diligence. We empathize deeply with the loss of a loved one; it’s an irreversible tragedy that drives our tenacity in securing fair compensation. At Carlson Bier, we fight resiliently in court to ensure accountability is enacted on responsible parties–every plaintiff deserves utmost conviction behind their claim.

Our stellar legal approach has resulted in significant settlements for clients seeking justice after a fatal incident—your advocacy matters as much to us as it does you. This isn’t mere wrangling – but attesting truth through legal proofs.

Carlson Bier approaches every situation uniquely; no two losses resonate similarly which profoundly impacts how we construct each case strategically—an embodiment of versatility and comprehension within Illinois’ complexities of wrongful death law.

Relying on our seasoned experts means partnering with genuine concern embodied tastefully—not just practitioners fulfilling duties but dedicated allies anchoring your rightful claim towards closure.

Let your quest for justice start here at Carlson Bier – where empathy meets expertise!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Salem Illinois

Carlson Bier Associates, your renowned personal injury attorneys based in Illinois, are committed to provide intricate and thorough information about Wrongful Death cases. We believe that knowledge is power; hence, our goal is designed to offer comprehensive insights for your understanding. Our advocacy is rooted in delivering justice by meticulously representing those who’ve been wronged due to another’s negligence or reckless actions.

Wrongful death stands as the basis of a lawsuit against a party liable for causing someone’s passing usually through negligence or deliberate harm. This cause of action allows surviving family members an opportunity to seek monetary compensation for their loss.

• Negligence occurs when one has breached a duty of care towards another, which results in unexpected demise.

• Intentional acts involve situations where a person knowingly and purposely causes harm leading to death.

• Strict liability implies that defendants can be held responsible regardless of proof of negligence or direct fault.

At Carlson Bier, we understand the anguish associated with losing a loved one without any forewarning or explanation. You should not stand alone during such devastating times; let us stand with you. It’s important for individuals going through such tragedies to understand how valuable their claim could be under this category.

Three principal factors effectively assess the value of wrongful death claims:

1) The economic impact comprises measurable losses including medical expenses incurred before death, funeral costs plus burial expenses, and loss regarding future earnings had they survived normally.

2) Non-economic Damages reflect the emotional trauma that includes pain suffered by deceased before their passing amidst other disheartening effects suffered by survivors like loss of consortium.

3) Punitive damages may also come into play when defendant’s behavior was grossly negligent or maliciously violent. However, keep in mind these damages are rare and highly circumstantial.

Each unique circumstance surrounding your case determines how these factors apply and contribute towards its overall worth. Given the complexities inherent to wrongful death litigation, it’s crucial you have professionals like us with an extensive track record to guide you.

In regard to determining your financial compensation, Illinois law places no cap on the damages one can receive for wrongful death suits. This essentially means that the value of your claim is determined by both economic and non-economic factors which are often difficult to calculate without professional help.

Indeed, it’s undeniable that dealing with a wrongful death case stirs intense emotions and complications. These cases require not only legal acumen but also high levels of sensitivity and understanding. Here at Carlson Bier Associates, we possess all these qualities – making us prime candidates to confidently represent you. With years of experience in this particular area, we guarantee support through every step of this ordeal and strive towards efficient resolution.

Moreover, we vividly realize that no amount of damages received will ever replace the loss endured; however, receiving the proper settlement will aid in alleviating some financial struggles following such a catastrophe. As your passionate advocates, our team is dedicated in delivering justice whilst providing exceptional support during this burdensome period.

Lastly, if you’re ready to seek justice for your departed loved ones or simply seeking additional information on wrongful death cases – simply tap on the button below. This link will take you through an easy process designed to estimate how much your case might be worth absolutely free-of-charge! Bear in mind that every situation is unique and although it’s hard equating human life with dollar amounts – having insight into potential restitution offers certain clarity during such trying times. Reach out today – because at Carlson Bier Associates, our practice revolves around people like you who deserve nothing short of sincere counsel amidst their time of need.

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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 Salem

Areas of Practice in Salem

Pedal Cycle Collisions

Specializing in legal representation for victims injured in bicycle accidents due to others's carelessness or risky conditions.

Thermal Injuries

Supplying adept legal services for victims of intense burn injuries caused by incidents or carelessness.

Healthcare Incompetence

Ensuring specialist legal advice for patients affected by healthcare malpractice, including wrong treatment.

Commodities Accountability

Handling cases involving problematic products, supplying professional legal guidance to clients affected by faulty goods.

Geriatric Neglect

Protecting the rights of seniors who have been subjected to neglect in elderly care environments, ensuring restitution.

Tumble & Stumble Occurrences

Adept in dealing with tumble accident cases, providing legal assistance to clients seeking recovery for their suffering.

Childbirth Harms

Providing legal aid for families affected by medical carelessness resulting in childbirth injuries.

Auto Collisions

Collisions: Concentrated on helping victims of car accidents receive fair compensation for damages and destruction.

Motorbike Crashes

Dedicated to providing legal support for riders involved in scooter accidents, ensuring justice for injuries.

Semi Crash

Offering expert legal support for individuals involved in big rig accidents, focusing on securing just claims for injuries.

Worksite Crashes

Focused on representing workmen or bystanders injured in construction site accidents due to negligence or negligence.

Neurological Damages

Focused on ensuring professional legal assistance for individuals suffering from neurological injuries due to carelessness.

Dog Bite Injuries

Specialized in handling cases for clients who have suffered damages from canine attacks or animal assaults.

Jogger Mishaps

Specializing in legal support for joggers involved in accidents, providing comprehensive support for recovering damages.

Unwarranted Passing

Standing up for relatives affected by a wrongful death, extending empathetic and experienced legal guidance to ensure restitution.

Backbone Trauma

Specializing in defending clients with backbone trauma, offering professional legal support to secure compensation.

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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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