FREE CASE CONSULTATION
312-622-2900
Facebook-f Linkedin Google Instagram

Wrongful Death Attorney in San Jose

Let Carlson Bier Fight For You

Over $50 Million in Recoveries

5-Star Advanced Local Service Ads For Carlson Bier
Find Out if You Have a Case in 10 Seconds
Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the daunting aftermath of a wrongful death incident, having an adept ally becomes essential. This is where Carlson Bier, your trusted personal injury attorney group steps in. Based in Illinois and servicing victims throughout varying territories including San Jose, our firm delivers phenomenal legal representation focusing on wrongful death cases exclusively.

We recognize that sudden losses can carry unbearable burdens for victims’ families – financial strains from medical expenses or loss of income cannot be understated. At Carlson Bier, we channel extensive experience navigating these complex cases to ensure victims’ families receive the maximum compensation rightfully owed to them. Utilizing leading-edge legal strategies and comprehensive knowledge of state laws pertaining to wrongful deaths; it isn’t just about winning cases with us- but also offering unparalleled support during this complicated time.

You deserve justice; let us assist in securing it for you at Carlson Bier—the key decision when considering counsel for any wrongful death related matter—because your peace is not just valuable but paramount to us. Trusting us invariably translates into trusting competence!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in San Jose Illinois

Carlson Bier is a trusted and dedicated personal injury law firm based in Illinois. As staunch advocates for justice, we specialize in prosecuting wrongful death cases with relentless dedication and fervor. A misguided accident or scenario can lead to an unfortunate demise; such instances fall under the umbrella of ‘Wrongful Death.’ Facing these kinds of losses can be emotionally overwhelming, complex and confusing. To guide you through this labyrinthine process, we lay bare all necessary knowledge about Wrongful Death.

Wrongful Death engulfs a particular circumstance where negligence, misconduct or deliberate action by another individual leads to an unforeseen death. These circumstances could range from medical malpractice to vehicle accidents, product defects to workplace injuries, among others. Throughout our extensive years of experience handling wrongful death lawsuits in Illinois, Carlson Bier has identified key aspects that are paramount:

• Determining Liability: Before proceeding with any claim, establishing liability is paramount. The person(s) responsible must have directly contributed to the untimely death either through negligence or malicious intent.

• Proving Damages: After determining culpability, identifying the damages resulting from the event plays a crucial role; this includes expenses incurred because of emotional pain & suffering,

medical bills and lost wages.

• Timeframe: Lawsuits should be initiated within a specific timeframe post incident – usually two years in Illinois – called the “statute of limitations.”

• Compensation Types: Victims’ families may receive compensation for funeral costs, medical costs prior to

death (if any), loss of financial support and consortium.

However daunting they might seem initially, wrongful deaths are legally addressable when managed systematically by competent legal guides such as our professional team at Carlson Bier. We emphasize on personalized attention towards each case while seeking maximum compensation for our bereaved clients.

The profound scale on which wrongful deaths impact individuals’ lives calls for understanding them completely along with their surrounding laws too! Each state varies in its regulation regarding wrongful deaths and it’s crucial to have a local attorney well versed with the laws of Illinois. For instance, Illinois allows only certain family members such as the spouse, children or parents (if the deceased was unmarried) to file a wrongful death lawsuit.

At Carlson Bier, our legal team has been educated at some of the highest-acclaimed law institutions in the U.S, which coupled with years of hands-on experience on diverse wrongful deaths cases across Illinois make us adept at effectively handling your case whilst also tailoring our rich breadth of expertise to meet your individual needs. Our skillset strengthens our abilities in guiding you towards justice and consequent peace that follows.

It’s critical during these challenging circumstances to leverage professional assistance for maximum restitution while taking pressure off yourself given this life-altering event. Acquaint yourself with competent legal aid by entrusting Carlson Bier – a proven authority backed by years of specialized service – set out to minimize stress during those daunting times ensuring that your integral rights are protected while being cherished all along.

To this end, we invite you embark on an enlightening journey with us exploring whether viable compensation awaits you; knowing first-hand about what your Wrongful Death case might be worth can bring much-needed clarity amid disarray. Armored with valuable information about potential damages and reimbursements obtainable within the purported statute limitations peculiar to every case is key. To learn more about possible restitution in wrongful death lawsuits based upon personal circumstances surrounding your unfortunate loss click on the button below. Let our dedicated team at Carlson Bier assist you in turning around losses into meaningful action towards justice- because no one deserves to undergo unwarranted suffering alone.

Find Out How Much Your Case is Worth
Testimonials from Clients

Your Success Is Our Success

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.
Education & Information

Resources For San Jose Residents

Links

Legal Associations and Lawyer Services

Online Legal Resources and Directories

Specialized Services and Educational Resources

Legal Blogs
SEE MORE

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 San Jose

Areas of Practice in San Jose

Cycling Crashes

Focused on legal advocacy for victims injured in bicycle accidents due to others' negligence or hazardous conditions.

Scald Injuries

Giving adept legal services for individuals of serious burn injuries caused by events or recklessness.

Clinical Misconduct

Delivering dedicated legal assistance for persons affected by healthcare malpractice, including wrong treatment.

Merchandise Liability

Handling cases involving unsafe products, extending specialist legal assistance to consumers affected by product malfunctions.

Aged Neglect

Supporting the rights of seniors who have been subjected to abuse in care facilities environments, ensuring justice.

Tumble & Trip Injuries

Professional in addressing fall and trip accident cases, providing legal representation to sufferers seeking compensation for their harm.

Infant Traumas

Extending legal help for relatives affected by medical incompetence resulting in birth injuries.

Motor Crashes

Crashes: Dedicated to supporting patients of car accidents obtain equitable payout for damages and impairment.

Scooter Crashes

Focused on providing legal services for bikers involved in two-wheeler accidents, ensuring adequate recompense for traumas.

Big Rig Crash

Providing adept legal services for individuals involved in trucking accidents, focusing on securing just claims for harms.

Building Incidents

Focused on supporting workmen or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Head Damages

Committed to extending expert legal advice for patients suffering from neurological injuries due to accidents.

K9 Assault Damages

Adept at managing cases for people who have suffered harms from dog attacks or animal assaults.

Pedestrian Collisions

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

Wrongful Passing

Fighting for loved ones affected by a wrongful death, extending caring and adept legal assistance to ensure redress.

Spine Harm

Focused on assisting victims with spinal cord injuries, offering compassionate legal services to secure justice.

Instant Case Evaluation

Contact Us Today if you need a Person Injury Lawyer

312-313-2440

Carlson Bier logo – Your Justice Can't Wait
FREE CASE CONSULTATION

312.622.2900

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.

© 2025 All Rights Reserved | Carlson Bier

Web Design By Bosseo​