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Wrongful Death Attorney in Wadsworth

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Carlson Bier - 14 W Superior St Ste. 1503, Chicago, Il 60654, United States

About Carlson Bier Associates

When seeking rightful justice for the loss of a loved one due to wrongful death, Carlson Bier emerges as an outstanding choice. For years, this renowned Illinois-based firm has been committed to providing its clients exceptional legal services in Wadsworth and surrounding communities. With a robust background in personal injury law and specialization in handling wrongful death cases, Carlson Bier ensures your case receives precisely the focused attention it merits. Our skilled attorneys channelize their meticulous efforts into investigating every detail of your case to advocate effectively for just compensation while bearing through such devastating times is rewarding enough but most importantly honor your departed loved one’s memory. Ensuring unyielding dedication from our seasoned team at the initial consultation call straight through verdict or settlement- is our promise of service excellence! At Carlson Bier, we not only believe that you deserve full financial recovery but also that no stone should be left unturned in establishing liability where it belongs. Trust us with your representation; we are here to serve justice duly deserved.

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About Carlson Bier

Wrongful Death Lawyers in Wadsworth Illinois

At Carlson Bier, we understand how devastating a wrongful death can be. Tragic circumstances and unforeseen fatalities can tear through the fabric of your life without warning, leaving you devastated and bewildered. Nothing can truly fill the void left by such an event; however, our dedicated legal team is here to support you throughout this challenging time by helping you navigate the complexities of a Wrongful Death lawsuit and ensuring that justice prevails.

Wrongful Death occurs when an individual’s death is caused due to negligent behavior or misconduct by another party, whether it’s an individual or a corporation. It could involve anything from automobile accidents to medical malpractice incidents or even harmful products leading to fatality. If your loved one has been lost due to any of these incidents, you are entitled to pursue for damages in Illinois courts.

In pursuing a Wrongful Death claim, there are several key aspects to consider:

• Establishing Negligence: The plaintiff must prove that the defendant acted negligently or in a manner contributing directly towards the victim’s death.

• Proving Breach of Duty: To succeed in litigation, it’s essential that negligence was not just present but influenced fatal results. Demonstrating how duty care failed on part-of-the-defendant holds them accountable.

• Causation: A clear line needs drawing between negligence action and cause-of-death— conclusively proving “wrongful” nature within this framework is vital.

• Damages: Tangible proof must exist showing resultant loss -emotionally and financially- from said incident.

Analysis and understanding of these factors are paramount in generating effective defense strategy. At Carlson Bier, our expert lawyers possess extensive experience across diverse personal injury cases including wrongful deaths— providing invaluable insights that lend strength and direction for case strategy decisions.

Illinois law provides two primary types of damages within a Wrongful Death lawsuit; Economic & Non-Economic damages. Economic damages refer to actual expenses associated with deceased person’s death such as medical bills or funeral costs, lost benefits like pension plans and future earnings. Non-Economic damages focus on non-tangible losses experienced by remaining family members— loss of companionship or emotional trauma for instance.

It is worth noting that Illinois has a specific statute of limitations with respect to Wrongful Death claims. Any legal action must commence within two years of deceased person’s death date. Pursuing it post this deadline could forfeit your right-to-claim, emphasizing importance of legal help at the earliest.

At Carlson Bier, our commitment extends beyond just winning lawsuits; we strive to provide utmost personal attention and empathetic assistance during this grieving period. Our goal is ensuring that justice prevails not just legally but provides you financial relief mitigating genuine hardships faced due to wrongful deaths.

Our promise is a tireless dedication towards your case backed by superior expertise and wealth-of-experience instilling strong representation in pursuing rightful compensation. We understand the immense pain and suffering borne through no fault of your own – it does matter and so do you! At Carlson Bier, feel secure knowing you have best-in-class advocates fighting for your rights diligently until victory reigns!

For more nuanced consultation on how Carlson Bier can guide you through a Wrongful Death claim rehabilitation process while assuring maximum entitled compensation – Click on the button below now! Discover what your case might be worth – because every dime counts when fortifying yourself against unfairness life thrust upon you! Remember, with us, your plight becomes our fight!

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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 Wadsworth

Areas of Practice in Wadsworth

Pedal Cycle Mishaps

Expert in legal assistance for victims injured in bicycle accidents due to others's lack of care or unsafe conditions.

Scald Burns

Giving specialist legal assistance for patients of severe burn injuries caused by mishaps or negligence.

Physician Negligence

Providing professional legal support for patients affected by physician malpractice, including negligent care.

Items Accountability

Addressing cases involving unsafe products, providing specialist legal guidance to individuals affected by harmful products.

Geriatric Abuse

Supporting the rights of aged individuals who have been subjected to neglect in senior centers environments, ensuring fairness.

Tumble & Tumble Occurrences

Adept in managing tumble accident cases, providing legal services to persons seeking justice for their injuries.

Birth Wounds

Extending legal help for families affected by medical incompetence resulting in infant injuries.

Car Incidents

Mishaps: Dedicated to assisting patients of car accidents secure fair remuneration for injuries and destruction.

Motorcycle Incidents

Expert in providing legal services for victims involved in two-wheeler accidents, ensuring justice for losses.

Semi Crash

Extending experienced legal support for clients involved in trucking accidents, focusing on securing fair recompense for harms.

Building Site Mishaps

Concentrated on representing workers or bystanders injured in construction site accidents due to safety violations or carelessness.

Neurological Harms

Focused on offering specialized legal services for victims suffering from brain injuries due to carelessness.

Canine Attack Wounds

Skilled in dealing with cases for persons who have suffered wounds from puppy bites or creature assaults.

Foot-traveler Accidents

Committed to legal services for walkers involved in accidents, providing effective representation for recovering damages.

Undeserved Death

Fighting for grieving parties affected by a wrongful death, providing sensitive and experienced legal assistance to ensure redress.

Spine Harm

Dedicated to defending individuals with vertebral damage, offering compassionate legal services to secure recovery.

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