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Wrongful Death Attorney in Uptown

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About Carlson Bier Associates

Navigating the labyrinth of wrongful death claims in Uptown can be daunting. At Carlson Bier, we excel at alleviating that daunting burden. Our distinguished team of attorneys, acknowledged for their tenacity and compassion, have been pivotal voices in advocating justice. As a steadfast defender against negligence or intentional acts leading to wrongful deaths, our firm is proficient in leveraging laws to seek maximum compensation for your loss. Powered by robust legal acumen and vast courtroom experience throughout Illinois, clients trust us with their sensitive cases; we take pride in helping them regain confidence amidst despairing times.

We are not just lawyers – we unabatedly serve clients as counselors during your darkest moments by providing exceptional legal representation coupled with empathy and respect you deserve.

Choosing the right attorney matters significantly while facing such tragic circumstances; choose Carlson Bier – trusted unwaveringly across Illinois communities for driving substantial outcomes even from complex litigation landscapes. Make no mistake about it: When it comes to Wrongful Death cases here in Uptown based on credibility and proven expertise– Carlson Bier stands second to none!

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About Carlson Bier

Wrongful Death Lawyers in Uptown Illinois

Navigating the complexities of personal injury law can be a daunting task, particularly when you are contemplating bringing forward a wrongful death claim. Carlson Bier, an Illinois-based personal injury attorney group, harbors in-depth experience and skills needed to help guide its clients through these challenging legal landscapes with dignity and resilience.

Wrongful death lies within a particular realm of personal injury cases which concerns situations where a person’s death is caused by any intentional, neglectful or reckless action of another person. Understanding the process, precedence and implications is essential for anyone deliberating about pursuing a wrongful death claim.

To begin defining wrongful death; it fundamentally represents any instance where an individual’s demise has been stimulated directly by another’s negligence or deliberate harmful act. It encompasses situations like car accidents due to negligent driving, medical malpractice that leads to fatalities or deaths emanating from harmful products produced recklessly by manufacturers.

In order to file a successful wrongful death lawsuit in Illinois:

• The plaintiff should demonstrate that the victim’s fatality was instigated purely by another party’s negligence.

• It must be proven that survivors have suffered monetary damage as a result of the death.

These two key factors form the basis upon which our team at Carlson Bier will build your case.

The damages in wrongful death claims often comprise tangible losses including funeral expenses and projected lost income from the deceased. Emotional torment experienced due to loss such as grief can also come into account while assessing non-economic compensations under Wrongful Death Laws in Illinois.

Illinois utilizes what is commonly referred as “modified comparative fault” rule in Wrongful Death Lawsuits.This means if the deceased was partially responsible for their own demise (for example 30% at fault), then their family may only recoup 70% of damages they’ve incurred.The standard of proof in these lawsuits happens to be ‘preponderance of evidence’, effectively meaning establishing truth around accused being guilty beyond reasonable doubt isn’t required.

At Carlson Bier, we understand the uneven balance of emotions and practicalities that you might be grappling with while contemplating a wrongful death lawsuit. Our experienced attorneys are adept in handling all facets of personal injury law that includes exploring avenues for optimum compensation in wrongful death claims. We bear an unwavering intent to represent your interests aggressively whilst preserving your dignity during challenging times.

The idea of hiring a personal injury attorney could appear overwhelming, however it is crucial aspect while dealing with these claims.It not only equips one with necessary legal expertise but also allows some peace of mind.We at Carlson Bier commit offering dedicated assistance, helping make informed decisions, present potential challenges or hurdles effectively before they occur and most important- do everything to get rightful justice for loved ones you’ve tragically lost.

It’s recognized that no monetary value can ever replace loss experienced after losing a dear one.However,bearing financial burdens emanating from such circumstances certainly add to already high grief levels.Exploring possibilities around recovering these costs through lawful means can bring certain closure coupled by relieving some part of tormenting uncertainties and tensions stemming from financial worries.

Hence, if you’re considering filing a wrongful death claim or simply seeking more advice on process intricacies , our committed team at Carlson Bier stands ready to aid you navigate this stressful time. To evaluate worthiness about your case and adequacy for potential reimbursement click on the “Evaluate my Case” button below.This will provide clearer perspective surrounding what best pathways should be taken towards securing just recompense after experiencing an irreplaceable loss. Your journey towards justice doesn’t have to be a solitary one. Let’s tread this difficult path together as team so those guilty behind causing your torment pay rightfully under purview of law for their reprehensible actions..

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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 Uptown

Areas of Practice in Uptown

Bike Collisions

Focused on legal support for victims injured in bicycle accidents due to others' recklessness or dangerous conditions.

Scald Burns

Providing professional legal assistance for people of serious burn injuries caused by incidents or recklessness.

Healthcare Malpractice

Offering specialist legal assistance for persons affected by hospital malpractice, including medication mistakes.

Merchandise Obligation

Addressing cases involving defective products, providing skilled legal assistance to consumers affected by harmful products.

Senior Malpractice

Supporting the rights of aged individuals who have been subjected to mistreatment in elderly care environments, ensuring compensation.

Tumble & Fall Accidents

Professional in handling stumble accident cases, providing legal services to individuals seeking redress for their injuries.

Newborn Traumas

Delivering legal help for families affected by medical negligence resulting in infant injuries.

Vehicle Accidents

Incidents: Devoted to assisting individuals of car accidents receive just remuneration for hurts and harm.

Motorbike Mishaps

Expert in providing legal assistance for victims involved in motorbike accidents, ensuring adequate recompense for injuries.

Big Rig Crash

Ensuring adept legal support for persons involved in lorry accidents, focusing on securing adequate recompense for losses.

Building Mishaps

Dedicated to supporting laborers or bystanders injured in construction site accidents due to recklessness or misconduct.

Cognitive Damages

Focused on delivering professional legal advice for patients suffering from head injuries due to misconduct.

K9 Assault Wounds

Specialized in dealing with cases for individuals who have suffered damages from K9 assaults or wildlife encounters.

Foot-traveler Mishaps

Committed to legal support for joggers involved in accidents, providing dedicated assistance for recovering claims.

Unwarranted Passing

Fighting for bereaved affected by a wrongful death, providing empathetic and experienced legal representation to ensure justice.

Backbone Damage

Specializing in assisting victims with paralysis, offering professional legal support to secure justice.

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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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