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Wrongful Death Attorney in South Barrington

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When facing the loss of a loved one due to wrongful death, it is essential to secure legal representation that understands your anguish and works relentlessly for justice. This is where Carlson Bier comes in. We are committed to providing unparalleled service for clients seeking redress in South Barrington, Illinois. Our reputation as fierce advocates in the realm of wrongful death cases has been earned through years of diligent work and unwavering dedication on behalf of our clients. With experience navigating intricate Illinois statutes surrounding wrongful death lawsuits, we ensure no stone goes unturned while building an iron-clad case tailored uniquely towards each client’s individuals circumstances. Clients choose us not only because we maximize recoveries but also because they find genuine compassion and understanding amidst their struggles with such horrific circumstances at our firm. Your pain should be acknowledged accurately reflected within the bounds of law – this is what Carlson Bier stands by resolutely in every case we pledge ourselves to fight.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in South Barrington Illinois

At Carlson Bier, our formidable group of personal injury attorneys is devoted to standing up for those who have suffered insurmountable loss due to wrongful death in the state of Illinois. Our foundation is built on compassion, integrity, and unparalleled legal expertise; we walk hand-in-hand with our clients during their most challenging times.

Wrongful death – an untimely demise caused by negligence or misconduct of another party – amplifies the trauma, grief, and confusion among loved ones left behind. Not only are you forced to grapple emotionally with a devastating turn of events but also dive into complex legal procedures which can be overwhelming.

At this juncture, let us demystify what wrongful death entails:

• A wrongful death claim focuses on attributing legal responsibility for a person’s demise.

• The culpable party may include individuals as well as entities like companies or government agencies.

• Justification includes negligent actions like careless driving leading to fatal crashes; purposeful harm such as murders; medical malpractice resulting in patient fatality; product defects causing lethal accidents.

• Eligible claimants usually consist of immediate family members followed by life partners and financial dependents.

We understand that no amount of monetary compensation can make up for your monumental loss. But it does provide some degree of financial aid that can assuage incurred expenses and future uncertainties. Claims typically cover end-of-life costs, lost wages (if the deceased was a primary breadwinner), loss of companionship, emotional anguish, punitive damages amongst others based on facts unique to each case.

Navigating these intricate claims can feel daunting. However, drawing from substantial experience and strategic acumen at Carlson Bier provides three crucial advantages:

• High-Level Expertise: As experienced personal injury lawyers, we possess extensive knowledge about Illinois wrongful death laws. Each case brings distinct complexities – insurance firms potentially undercutting rightful claims through skillful negotiation or proving liability despite limited evidence – Our seasoned attorneys confidently tackle these challenges head-on maximizing your adamantine justice.

• Comprehensive Investigation: We meticulously comb through every detail related to the case from accident reports, witness statements, medical records to any potential evidence that strengthens your claim. This all-encompassing groundwork lays the foundation for building a robust case.

• Personalized Representation: We understand the significant emotional toll on you and your family after such a devastating event. As compassionate legal partners, we provide individual attention to each client, being cognizant of their contextual needs throughout this agonizing process.

The Carlson Bier group strictly adheres to Illinois law; therefore it’s necessary to note explicitly that while serving clients across Illinois our physical office doesn’t situate in South Barrington. However, geographical distance does not impact our commitment or effectiveness in defending your rights and pursuing compensation.

Understanding wrongful death claims entails parsing numerous legal nuances – which is precisely why relying on proficient personal injury attorneys becomes indispensable. As you navigate through this challenging maze of grief and confusion allow us at Carlson Bier help shoulder your burden by channeling our expertise into securing financial remuneration that eases at least part of the arduous journey ahead.

We invite you now to explore further what we can do for you during this difficult time. With one click on the button below, discover how much your case could potentially be worth – no obligations involved! Facing this traumatic situation alone isn’t necessary – Tristan & Newton stand ready as steadfast allies advocating assertively for justice that you and your loved ones rightly deserve.

Find Out How Much Your Case is Worth
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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 South Barrington

Areas of Practice in South Barrington

Two-Wheeler Accidents

Proficient in legal support for persons injured in bicycle accidents due to others's lack of care or unsafe conditions.

Flame Damages

Giving expert legal support for patients of intense burn injuries caused by accidents or misconduct.

Healthcare Negligence

Delivering experienced legal services for persons affected by hospital malpractice, including medication mistakes.

Products Obligation

Taking on cases involving unsafe products, supplying skilled legal services to victims affected by product-related injuries.

Elder Malpractice

Representing the rights of the elderly who have been subjected to neglect in senior centers environments, ensuring justice.

Fall and Fall Incidents

Expert in tackling trip accident cases, providing legal representation to victims seeking recovery for their damages.

Newborn Injuries

Offering legal help for loved ones affected by medical misconduct resulting in infant injuries.

Automobile Collisions

Crashes: Committed to guiding individuals of car accidents receive fair settlement for damages and damages.

Motorcycle Mishaps

Specializing in providing legal services for motorcyclists involved in motorcycle accidents, ensuring justice for traumas.

Truck Collision

Extending experienced legal advice for drivers involved in trucking accidents, focusing on securing fair compensation for injuries.

Building Site Collisions

Focused on defending laborers or bystanders injured in construction site accidents due to oversights or negligence.

Cerebral Damages

Committed to extending expert legal representation for individuals suffering from cognitive injuries due to carelessness.

Canine Attack Harms

Specialized in dealing with cases for people who have suffered traumas from dog attacks or animal attacks.

Cross-walker Accidents

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

Wrongful Fatality

Fighting for loved ones affected by a wrongful death, providing sensitive and adept legal support to ensure fairness.

Vertebral Injury

Specializing in representing persons with vertebral damage, offering expert legal guidance to secure recovery.

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