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Wrongful Death Attorney in Streamwood

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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

When dealing with tragic circumstances like wrongful death, securing trustworthy and experienced legal representation is crucial. In these harrowing times, Carlson Bier Associates offers the care and expertise needed to navigate such complex proceedings effectively. As a preeminent law firm in Illinois, specializing heavily in personal injury matters including wrongful death cases, we understand our duty goes beyond mere litigation; it lies equally in offering robust emotional support for families facing immense loss. Our distinguished record of achieving superior settlements exemplifies our commitment to upholding victims’ rights tirelessly. Whether pursuing justice through trial or procuring settlement negotiations with sensitivity and discretion becomes necessary, you can depend on Carlson Bier’s thoroughness and dedication throughout the process. Compassionate yet strategic, resourceful yet respectful – that’s how we have always practiced law at Carlson Bier: dealing not just with cases but also acknowledging every life affected by them profoundly.

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About Carlson Bier

Wrongful Death Lawyers in Streamwood Illinois

Carlson Bier Associates is an esteemed personal injury law firm based in Illinois, distinguished for its expertise and commitment in wrongful death cases. This legal field, though complex, revolves around one fundamental principle: that no one should suffer due to the negligence or misconduct of another party.

Wrongful death refers to a situation where a person loses their life due to the negligent actions or intentional harm caused by another individual or entity. In such circumstances, eligible family members can file a lawsuit on behalf of the deceased to seek compensation for their loss. Varied instances may result in wrongful death lawsuits: medical malpractice, car accidents, defective products; premises liability issues like slip and fall accidents; assaults or batteries resulting tragically; workplace-related incidents leading fatally, among others.

Some key aspects worth considering when dealing with wrongful death claims include:

– The plaintiff must provide convincing evidence directly attributing the defendant’s negligence tot he loved one’s demise.

– The claim must be filed within two years from the date of the incident/death according to Illinois statute of limitations.

– Only specific individuals are legally qualified to act as plaintiffs in Wrongful Death Claims – typically immediate family members

However complex these claims might appear at first glance, Carlson Bier’s dedicated team provides comprehensive guidance ensuring you comprehend every step in this process without difficulty.

To successfully pursue a wrongful death claim in Illinois courts, certain essential elements must be established beyond doubt. First and foremost is proving that the defendant had a duty-of-care towards your departed loved one – an obligation violated eventually causing undue hardship. Furthermore proof demonstrating how breach of this duty led directly to resulted fatality holds utmost importance for winning such cases. Additionally showcasing how you have financially suffered as a direct consequence greatly influences compensation calculation.

Here at Carlson Bier our attorneys meticulously work through intricate details pertaining each case providing exceptional representation required for success amidst court complexities. With broad understanding base built over extensive years representing various wronged families, your chances at just compensation for the unfortunate loss are significantly higher.

Navigating through legal complexities of wrongful death cases often becomes overwhelming for grieving families. Leaning into our approachable and knowledgeable team can help alleviate some stress related to these trying times. Since each case presents a unique set of circumstances, Carlson Bier tailors bespoke legal strategies suited specifically to your situation thereby safeguarding your interest optimally during these troubling times.

It is crucial to remember that while pursuing wrongful death claims provides an avenue towards monetary relief from an unfortunate occurrence, it also serves as a forceful device holding culprits accountable for their negligent actions, potentially saving other lives from sufferings similar unexpected tragedies in future.

Throughout history Justice prevails where truth surfaces. At Carlson Bier, we pledge unwavering dedication towards seeking justice on behalf of those wronged by guiding them light this beacon illuminating darkness enveloping such sorrowful moments

Finally, you might be wondering about the potential financial implications that come with filing these claims or even how much could be recovered if successful. We extend an invitation urging you to click on the button below leading you to give us more detail on why and how your loved one’s life ended tragically due to someone else’s negligence. Subsequently this simple step can help us provide insight reflecting appropriate compensation range customized around specificities attached with individual cases guided by appropriately applicable Illinois laws without any violations.

Stop worrying amid uncertainties; allow our expertise guide you towards essential clarity – Click today discover what rightfully belongs with you! Remember: Justice delayed is Justice denied!

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 Streamwood

Areas of Practice in Streamwood

Bike Crashes

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

Fire Burns

Giving expert legal services for individuals of serious burn injuries caused by mishaps or misconduct.

Medical Carelessness

Offering experienced legal advice for patients affected by hospital malpractice, including medication mistakes.

Commodities Fault

Addressing cases involving problematic products, delivering skilled legal help to victims affected by product malfunctions.

Elder Malpractice

Supporting the rights of nursing home residents who have been subjected to mistreatment in elderly care environments, ensuring fairness.

Trip and Tumble Incidents

Specialist in tackling tumble accident cases, providing legal support to individuals seeking restitution for their suffering.

Neonatal Traumas

Extending legal aid for relatives affected by medical misconduct resulting in childbirth injuries.

Vehicle Accidents

Accidents: Committed to supporting patients of car accidents get fair recompense for damages and harm.

Two-Wheeler Incidents

Committed to providing representation for victims involved in two-wheeler accidents, ensuring just recovery for losses.

Trucking Mishap

Providing adept legal services for drivers involved in semi accidents, focusing on securing fair compensation for damages.

Building Site Incidents

Committed to assisting workers or bystanders injured in construction site accidents due to negligence or negligence.

Cerebral Injuries

Dedicated to providing specialized legal services for persons suffering from head injuries due to negligence.

Dog Bite Harms

Expertise in addressing cases for clients who have suffered wounds from K9 assaults or beast attacks.

Pedestrian Collisions

Expert in legal representation for foot-travelers involved in accidents, providing comprehensive support for recovering compensation.

Unwarranted Passing

Working for loved ones affected by a wrongful death, providing caring and professional legal assistance to ensure compensation.

Spine Harm

Specializing in supporting patients with paralysis, offering dedicated legal representation to secure redress.

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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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