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Wrongful Death Attorney in Vienna

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Carlson Bier is a renowned personal injury law firm that has an impressive track record handling wrongful death claims. Our experienced legal team understands the sensitivity and complexities associated with such cases, providing compassionate representation while aggressively pursuing justice on your behalf. Wrongful Death cases are highly specialized; demand a dedicated team like Carlson Bier to ensure fair compensation for loss of financial support and companionship resulting from negligence or intentional acts leading to untimely demise. Why choose us? At Carlson Bier, our seasoned lawyers deeply comprehend Illinois statutes governing these serious allegations ensuring we navigate every case seamlessly with utmost discretion and professionalism. We’re committed to realizing each client’s desired outcomes in such difficult moments while upholding their rights relentlessly.With us on your side, rest assured you’ve chosen skilled wrongful death attorneys who prodigiously advocate for victims’ families by delivering retributive justice whenever life prematurely ends due to another party’s carelessness or intent. Trust Carlson Bier as partners during this painful journey; we provide dedicated service that lightens your burdens amid grievous loss. Allow Carlson Bier’s expertise in litigating Wrongful Death matters ease note you deserve justice.

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About Carlson Bier

Wrongful Death Lawyers in Vienna Illinois

Pursuit of justice and ensuring your peace of mind during grievous moments is the core mandate of Carlson Bier, a formidable personal injury law firm based in Illinois, specializing in Wrongful Death litigation. As legal professionals deeply entrenched in this field, we offer comprehensive counsel to families encountering the desolation resulting from losing loved ones under circumstances that could have been preventable.

Wrongful death cases can seem dauntingly complex but boil down to certain essential dynamics. At their core, these tragic incidents involve situations where an individual’s negligent or intentional misconduct results in someone else’s demise. The uniqueness about these cases lies not only in proving negligence but demonstrating conclusively how such negligence directly caused a person’s untimely passing—a challenging task not meant for unseasoned hands.

A few traits tend to define wrongful death litigations; these help distinguish them from other personal injury matters:

• Involvement of medical malpractice: Most wrongful deaths are pegged on subpar medical care characterized by incompetence or neglect.

• Vehicle related fatalities: Accidents arising from either motor vehicles or pedestrian mishaps constitute another sizeable chunk of such cases

• Workplace Deaths: Fatal incidents at work premises can equally be argued and claimed as wrongful deaths when resultant from overlooked safety standards.

• Product liability-related fatalities also come within this purview if proven that defective goods led directly to an avoidable demise.

Having explained what constitutes a wrongful death claim, it’s integral to comprehend they’re legally pursued by immediate family members or beneficiaries listed within deceased’s will—an aspect defining who may bring forth such actions.

The road towards pursuing justice after losing someone through unfortunate circumstance is often fraught with pain and confusion. However, the team at Carlson Bier offers eager assistance rooted in empathy—our guarantee as steadfast guards against injustice. Upon engagement, we embark on meticulous investigations tailored to unearth all relevant facts aiding our dedicated advocates construct robust claims maximized towards availing rightful compensations.

To ensure no potential claim leaves unchecked, we diligently probe every angle: did a missed diagnosis or medical malpractice lead to your anguish? Was a fatality occasioned by an automobile accident clearly preventable if other parties properly heeded traffic laws? Could higher standards of workplace safety have stopped unnecessary accidents? We tirelessly seek answers to such questions while prioritizing your tranquility throughout our professional interactions.

In the realm of wrongful death litigations, Carlson Bier acknowledges the harsh reality that no payout can truly replace loss. However, acquiring fair compensation for families serves two distinct purposes: offering certain financial reprieve and ensuring culpable parties are held accountable for their grievous actions.

Though relief varies case-by-case, achievable reparations may encompass:

• Funds corresponding lost earnings from deceased,

• Compensation towards covering beneficiaries’ misery and suffering attached with losses

• Monies directed towards offsetting funeral costs and any accumulated medical bills owing from services sought prior to untimely passing

With us aboard your quest for justice, undesirable circumstances will morph into formidable claims built on unshakeable dedication alongside extensive legal acumen. Now is the moment you reclaim agency against life’s unfairness by turning tragedy into tangible accountability. The right support lies just a click away—”How much may my case be worth?” you wonder—well, the knowledgeable team at Carlson Bier invites you to find out now! Click on the button below to understand accurately how much tenacity and empathy can help in transforming distress into warranted remedies.

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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 Vienna

Areas of Practice in Vienna

Pedal Cycle Collisions

Dedicated to legal support for people injured in bicycle accidents due to negligent parties' negligence or hazardous conditions.

Burn Wounds

Extending adept legal services for individuals of serious burn injuries caused by occurrences or negligence.

Healthcare Incompetence

Providing dedicated legal assistance for persons affected by clinical malpractice, including misdiagnosis.

Merchandise Liability

Addressing cases involving faulty products, delivering specialist legal services to consumers affected by product-related injuries.

Senior Malpractice

Supporting the rights of nursing home residents who have been subjected to malpractice in nursing homes environments, ensuring fairness.

Slip & Stumble Injuries

Specialist in tackling trip accident cases, providing legal representation to sufferers seeking restitution for their injuries.

Neonatal Traumas

Offering legal support for families affected by medical misconduct resulting in childbirth injuries.

Auto Crashes

Collisions: Concentrated on aiding patients of car accidents receive reasonable compensation for wounds and harm.

Two-Wheeler Crashes

Expert in providing legal services for bikers involved in motorcycle accidents, ensuring justice for damages.

Semi Collision

Providing experienced legal advice for individuals involved in trucking accidents, focusing on securing appropriate recompense for injuries.

Construction Mishaps

Dedicated to assisting laborers or bystanders injured in construction site accidents due to negligence or recklessness.

Brain Damages

Dedicated to delivering specialized legal assistance for persons suffering from cerebral injuries due to misconduct.

K9 Assault Injuries

Specialized in managing cases for persons who have suffered damages from puppy bites or creature assaults.

Foot-traveler Crashes

Specializing in legal services for joggers involved in accidents, providing expert advice for recovering recovery.

Unwarranted Passing

Advocating for bereaved affected by a wrongful death, providing understanding and adept legal services to ensure compensation.

Vertebral Damage

Committed to representing individuals with paralysis, offering specialized legal guidance 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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