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Wrongful Death Attorney in Timberlane

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About Carlson Bier Associates

When facing the tragic and unexpected loss of a loved one due to wrongful death, you require representation that combines empathy with legal expertise — this is where Carlson Bier excels. Expertly skilled in Illinois’ Wrongful Death jurisdiction, we champion for justice whilst providing compassionate support. Our proficiency has granted us countless successful case outcomes in Timberlane; we empathize with your distressing circumstances and deliver strengthening advocacy during such challenging times. Each case at Carlson Bier is handled personally by our dedicated attorneys who understand the gravity of your situation to ensure maximum compensation is reached for every claimant. We take pride in preserving our clients’ rights robustly without overstepping professional boundaries or infringing Illinois state laws on locality advertisements – trust us to do what’s right while complying with all legal obligations. Treating each client uniquely, it’s not just about winning a lawsuit; it’s about making you feel supported throughout your difficult journey towards justice and closure.

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About Carlson Bier

Wrongful Death Lawyers in Timberlane Illinois

When faced with a tragic loss, understanding the legal rights and options entails a significant level of stress and confusion. At Carlson Bier, our experienced personal injury attorneys based in Illinois are committed to guiding you through the complexities surrounding wrongful death cases. Enlightening individuals about their abilities to seek justice is at the core of our mission.

The term ‘wrongful death’ denotes situations where an individual dies due to another party’s negligence or irresponsibility. It extends beyond fatal car accidents to encompass a range of circumstances from medical malpractice resulting in fatality, workplace accidents, poorly manufactured products that cause death, amongst others. Understanding where your case fits into this landscape can often feel like navigating uncharted waters; we are dedicated to simplified assistance as your beacon and navigating guide.

• Negligence must be convincingly proven: One essential aspect is demonstrating that the victim’s death was a direct result of the defendant’s carelessness. Irrefutably establishing this link is crucial for any successful wrongful death claim.

• Predetermined beneficiaries: Typically, immediate family members are eligible to file a wrongful death lawsuit; spouses, children (natural or adopted), and parents.

• Possible compensation areas: Compensation may potentially cover financial support – both current lost income and future expected earnings – emotional suffering and loss of companionship.

At Carlson Bier, our seasoned attorneys work tirelessly on every case entrusted in their hands. They focus on gathering all necessary evidence while counseling clients regarding probable outcomes based on various factors such as circumstances leading up to claimed negligence incidents or calculating potential monetary damages realistically achievable.

We cannot erase your loss or bring back a loved one taken away early. What we can do is help you navigate these difficult times by striving relentlessly against responsible parties during wrongful death lawsuits. Our team would utilize its extensive knowledge base concerning rules, regulations governing these types of cases throughout Illinois – given varying regulations per jurisdiction within different states

Uncertain if you have legitimate grounds for a wrongful death lawsuit? Carlson Bier is available to help. We offer a comprehensive consultation, reviewing your circumstances in great detail. Our lawyers can explain what could be expected from the legal process, answer all lingering questions making it easier for you decide on your next course of action.

Moreover, we pledge transparency when it comes to our billing structure. All services are offered on contingency; meaning that unless you win financial compensation or settlement either through negotiations or litigation processes, no fees would apply.

We respect and grieve with families who have experienced devastating events leading to wrongful deaths of their loved ones. This is why we tirelessly strive every day, providing easy-to-understand information regarding these cases – aiming to create an avenue dedicated solely for victims seeking justice.

Finally, do not let questions about the case’s potential worth stop you from seeking rightful justice. We encourage anyone willing to protect their deceased family member’s rights by holding accountable parties liable for their actions to click on the button below. The evaluation tool offers detailed assessments surrounding estimated monetary claims available based on personal circumstances related each unique situation – in other words, helping empower individuals decide if pursuing a wrongful death lawsuit seems appropriate given overall scenarios involved.

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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 Timberlane

Areas of Practice in Timberlane

Two-Wheeler Collisions

Proficient in legal representation for victims injured in bicycle accidents due to others's indifference or dangerous conditions.

Thermal Injuries

Providing expert legal support for people of severe burn injuries caused by incidents or carelessness.

Healthcare Malpractice

Extending specialist legal assistance for individuals affected by physician malpractice, including surgical errors.

Products Liability

Addressing cases involving unsafe products, delivering professional legal assistance to clients affected by faulty goods.

Senior Mistreatment

Advocating for the rights of seniors who have been subjected to abuse in senior centers environments, ensuring restitution.

Slip & Fall Injuries

Expert in managing fall and trip accident cases, providing legal representation to persons seeking redress for their suffering.

Birth Wounds

Delivering legal guidance for loved ones affected by medical incompetence resulting in newborn injuries.

Motor Mishaps

Incidents: Concentrated on aiding patients of car accidents get equitable settlement for damages and losses.

Two-Wheeler Incidents

Focused on providing legal services for individuals involved in motorbike accidents, ensuring just recovery for traumas.

Semi Mishap

Providing experienced legal services for clients involved in trucking accidents, focusing on securing fair claims for injuries.

Construction Incidents

Focused on advocating for employees or bystanders injured in construction site accidents due to safety violations or recklessness.

Brain Impairments

Specializing in offering dedicated legal services for persons suffering from cerebral injuries due to negligence.

K9 Assault Injuries

Proficient in dealing with cases for victims who have suffered harms from canine attacks or beast attacks.

Jogger Mishaps

Expert in legal services for cross-walkers involved in accidents, providing dedicated assistance for recovering recovery.

Wrongful Fatality

Fighting for grieving parties affected by a wrongful death, delivering empathetic and expert legal representation to ensure redress.

Neural Injury

Dedicated to assisting clients with paralysis, offering compassionate legal services to secure recovery.

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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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