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Wrongful Death Attorney in South Elgin

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the unforeseen event of a wrongful death in your family, Carlson Bier, a preeminent law firm founded with virtue and built on expertise and trust readily stands with you. Serving the South Elgin community along with rest of Illinois, we specialize in handling Wrongful Death cases. Endowed passionately to bring justice for lives unjustly lost due to negligence or misconduct, our team is fortified with seasoned attorneys whose skills rise above standard litigation techniques. Resolute efforts by our legal panel aim at easing financial burdens while ensuring highest compensation for grieving families left behind after an unfortunate circumstance. Comprehensive yet compassionate encompassing not only apparent implications but latent repercussions too defines how we work diligently on each case entrusted upon us. Whilst law can’t undo the tragedy unfurled yet provision exists to balance scales of justice; let Carlson Bier be that agent of change for you because when it comes to advocating Wrongful Death claims no one surpasses our commitment & efficacy – carved over years and proven time-and-again.

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About Carlson Bier

Wrongful Death Lawyers in South Elgin Illinois

Navigating to the Carlson Bier personal injury attorney group’s website, it’s evident that these lawyers hold a profound understanding of Illinois’ Wrongful Death claims. They do not merely provide legal representation; instead, transform complex law jargon into easily digestible content suitable for everyday comprehension. Now envision this – someone close falls victim to wrongful death. It’s tragic and emotionally debilitating. What follows are countless questions and the regretfully heavy burden of pursuing justice on their behalf.

Enter Carlson Bier, an illustrious law firm specializing in personal injury affairs with an emphasis on wrongful death cases established within Illinois’ jurisdiction. Their pedigree in assisting grievous loss stricken clients is outstandingly rich in both scale and depth of success stories managed over time.

So what constitutes a Wrongful Death? Here at Carlson Bier, professional attorneys define wrongful death as a scenario where one person’s negligent behaviour results in another’s passing away prematurely. Whether stemming from motor vehicle accidents or malpractice by medical professionals among other causes; these fatalities fall under “wrongful deaths” governed by Illinois state laws.

However, certain restrictions apply contingent upon case-specific attributes. In essence, if you’re directly affiliated (spouse, parent or minor children) to the deceased individual who experienced fatal injuries due to negligence – then you’re eligible to file claims against responsible parties leveraging statutes outlined within the jurisdiction of Illinois law.

Cognizant about key matters regarding Wrongful Death lawsuits is vital for your struggle towards recompense:

• Info regarding time limits: The claim must be filed within two years from the incident date that incited fatality.

• Damages recoverable range from funeral expenses to lost future income considering victim’s life expectancy at accident time.

• The judges aren’t swayed solely by empirical evidence presented but also recognize emotional damages inflicted quantified as per their discretion uniquely per case basis.

• Even if there exists contributory negligence on the victim’s part, you’re still eligible for claim proceedings.

While unfortunately no amount of compensation can replace your lost loved one, a successful Wrongful Death lawsuit threads the path towards closure and financial security during these insurmountably trying times. Emotionally laden conversations materialize into pragmatic dialogue where justice sought is met with compassion teemed legal expertise at Carlson Bier – experienced in personal injury law intricacies navigating clients through what otherwise might feel like exhaustive mazes of intimidation.

Moreover, remember that each lawsuit contains diverse attributes translating to varied settlement sums – based on numerous factors. Therefore, generic estimates appearing online should be taken with substantial reserve. Instead, seek direct consultation with an expert attorney molding complex law concepts into comprehensible directives according to your unique predicament’s specificities.

At Carlson Bier we understand first-hand the impact Wrongful Death cases carry emotionally and financially. Our mission fuels itself by formulating strategies embodying empathy and legal savviness alike safeguarding client interests throughout the ordeal hat tip essence grounding our modus operandi since inception ground zero. We believe in nurturing relationships rather than executing transactions – underpinning a commitment transcending far beyond jurisprudence.

Whether you’re here to gain knowledge regarding Wrongful Death settlements or seeking assurance from professionals – Carlson Bier stands amidst this chaos as your secure beacon shining a guided path towards rightful compensations. Feel free to contact us anytime; allow us to shoulder your burden while you focus on healing.

Before leaving this page today, wouldn’t it increase peace of mind obtaining a rough ballpark figure illuminating how much potential compensation could be worth? Utilize our ‘Wrongful death case assessment tool’ scheduled below instantly garnering an opportunity pinpointing approximate valuation assured backed up by industry-leading prowess honed meticulously over years pursuing truth relentlessly for grieving families like yours experiencing wrongful deaths extending across Illinois region.” Act now – start securing tomorrow today!

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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 Elgin

Areas of Practice in South Elgin

Pedal Cycle Mishaps

Focused on legal representation for people injured in bicycle accidents due to responsible parties' negligence or dangerous conditions.

Burn Damages

Extending specialist legal support for people of grave burn injuries caused by accidents or recklessness.

Clinical Incompetence

Offering expert legal advice for clients affected by healthcare malpractice, including wrong treatment.

Items Accountability

Handling cases involving faulty products, supplying specialist legal help to clients affected by harmful products.

Nursing Home Abuse

Advocating for the rights of the elderly who have been subjected to mistreatment in aged care environments, ensuring justice.

Trip and Fall Accidents

Professional in managing slip and fall accident cases, providing legal representation to sufferers seeking justice for their injuries.

Newborn Traumas

Providing legal aid for relatives affected by medical carelessness resulting in newborn injuries.

Vehicle Crashes

Crashes: Committed to guiding sufferers of car accidents get just recompense for wounds and harm.

Bike Incidents

Focused on providing legal assistance for riders involved in bike accidents, ensuring fair compensation for losses.

Semi Crash

Ensuring adept legal advice for individuals involved in truck accidents, focusing on securing adequate claims for losses.

Building Collisions

Committed to supporting laborers or bystanders injured in construction site accidents due to oversights or carelessness.

Cognitive Harms

Specializing in extending specialized legal assistance for patients suffering from neurological injuries due to accidents.

K9 Assault Harms

Expertise in addressing cases for individuals who have suffered traumas from dog attacks or beast attacks.

Pedestrian Mishaps

Focused on legal advocacy for joggers involved in accidents, providing comprehensive support for recovering restitution.

Unjust Demise

Fighting for grieving parties affected by a wrongful death, extending compassionate and adept legal services to ensure justice.

Spine Harm

Expert in supporting victims with paralysis, offering expert legal assistance to secure recovery.

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