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Wrongful Death Attorney in Tremont

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When a loved one succumbs as a result of wrongful death, the emotional devastation is compounded by legal complexities. In these trying times, Carlson Bier emerges as an exemplary choice for expert and compassionate assistance in Tremont. Holding an esteemed reputation across Illinois, our law firm excels with comprehensive understanding of Wrongful Death Laws and remarkable record of securing desired outcomes for clients. As experienced personal injury attorneys, we deeply sympathize with the grief you face while scrupulously pursuing justice on your behalf. At Carlson Bier, every case receives individual attention; we affirmatively walk through each complex step ensuring that all aspects are comprehensively addressed to secure maximum compensation possible under the law. Our comprehensive approach balances empathy with professionalism – offering solace partnered with top-tier expertise. Distinctively trusted by civilians statewide due to our greater than usual diligence and integrity paired with deep competence at trial advocacy, selecting Carlson Bier assures quality representation during such dire times.

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About Carlson Bier

Wrongful Death Lawyers in Tremont Illinois

At Carlson Bier, we understand the profound impact a wrongful death can have on your life. A personal injury law firm based in Illinois, we take pride in our ability to guide families through difficult times, offering legal support aimed at acquiring the justice that you and your departed loved ones deserve.

A wrongful death occurs when one person’s negligence or harmful act leads to another person’s death. The scenarios could range from road accidents caused by drunk drivers, medical malpractice leading to fatalities, death at a workplace due to unsafe conditions, or murder. This forms one of the tragic areas within personal injury cases where compensation is desperately needed yet its quantify complex.

Here are some key aspects about Wrongful Death Laws in Illinois:

• Statute Limitations: In Illinois law, a lawsuit for wrongful death needs to be filed within two years of the victim’s demise. Timing is critical as delay may jeopardize your rightful claim.

• Determining Liability: Vital skills are necessary both legally and factually that would help accurately establish party liability in any litigation process involving wrongful deaths.

• Calculating Damages: Once liability is determined, calculating damages forms the next major step. Here financial worth might consider lost wages and benefits, cost of children’s upbringing among others while putting real value on loss get intricate and highly subjective.

As our client at Carlson Bier Law Firm genuinely comprehend how challenging this period might prove; burdened not only by grief but also a possibly complicated legal procedure lathering icing on an already bad cake. Our attorneys stand ready round-the-clock ensuring easy accessibility always empathetic towards every situation working unilaterally achieving requisite settlements dismissing all costly court battles if need be.

Our team comprises experienced intelligently sharp lawyers who have excelled representing clients across multitude circumstances that led up to these sad incidences ending with unwarranted loss of lives generally through someone else’s fault. Over time they’ve established themselves experts helping thousands weave through this usually intricate process always making certain justice prevails ultimately.

Innumerable complexities define wrongful deaths with our attorneys boasting comprehensive understanding through vast experiences acquired over the years. They’ll break down each differently constructed case into comprehensible bits hence guiding clients every step taking precise legal actions assuring deserving compensations are achieved at final end.

At Carlson Bier, we value transparency and objectivity. Our attorneys undertake detailed investigations to establish the facts of your case, relaying these insights to you in a clear, easily understandable manner. This will support accurate decision-making on which course of action promises optimal results noting again that every individual scenario is essentially different yet same in terms of unfortunate loss suffered.

Seeing through some form of compensation coming along doesn’t necessarily invalidate eventual sense of loss but it brings about some reprieve even if just small severally helping heal deep running wounds left after such harrowing occurrences. It’s definitely okay seeking help particularly from professionals who know best how to go about it like your trusted friends atCarson Bier Law Firm situated within Illinois borders beginning steps set righting wrongs occurred

Now as you seek much needed closure during this unsettling period encouragingly take advantage online tool available herein clicking button located below allowing us enlighten you accurately estimate rightly due rightful claim aimed alleviating measures mitigating losses sustained throughout this exceedingly difficult period walked alongside experienced team caring lawyers here at Carlson Bier law firm based in Illinois.

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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 Tremont

Areas of Practice in Tremont

Pedal Cycle Accidents

Proficient in legal support for victims injured in bicycle accidents due to other parties' recklessness or unsafe conditions.

Scald Damages

Providing skilled legal support for sufferers of grave burn injuries caused by incidents or misconduct.

Hospital Carelessness

Providing professional legal assistance for clients affected by healthcare malpractice, including negligent care.

Items Liability

Taking on cases involving unsafe products, providing expert legal help to individuals affected by product malfunctions.

Nursing Home Misconduct

Representing the rights of the elderly who have been subjected to mistreatment in elderly care environments, ensuring protection.

Tumble & Fall Mishaps

Professional in tackling tumble accident cases, providing legal representation to sufferers seeking recovery for their injuries.

Newborn Wounds

Offering legal assistance for relatives affected by medical carelessness resulting in infant injuries.

Vehicle Accidents

Crashes: Concentrated on aiding victims of car accidents secure appropriate remuneration for hurts and harm.

Motorbike Crashes

Expert in providing legal advice for motorcyclists involved in motorcycle accidents, ensuring adequate recompense for harm.

18-Wheeler Crash

Offering specialist legal assistance for clients involved in semi accidents, focusing on securing fair settlement for harms.

Construction Site Accidents

Committed to supporting workmen or bystanders injured in construction site accidents due to negligence or irresponsibility.

Cerebral Harms

Expert in ensuring professional legal advice for clients suffering from cognitive injuries due to misconduct.

Canine Attack Injuries

Skilled in managing cases for clients who have suffered harms from dog bites or creature assaults.

Cross-walker Collisions

Specializing in legal assistance for joggers involved in accidents, providing dedicated assistance for recovering damages.

Unwarranted Fatality

Advocating for grieving parties affected by a wrongful death, extending understanding and skilled legal assistance to ensure redress.

Spine Impairment

Specializing in supporting patients with spinal cord injuries, offering expert legal services to secure settlement.

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