Wrongful Death Attorney in Warrenville

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About Carlson Bier Associates

If you or a loved one is suffering due to a wrongful death, Carlson Bier can offer expert legal guidance during this difficult time. Our dedicated team boasts years of experience handling wrongful death cases across Illinois, continuously delivering exceptional service and achieving just resolutions for our clients. At Carlson Bier, we understand that no amount of compensation can replace the loss of a loved one; however, it may ease financial burdens in future. From intense investigation reviewing negligence or misconduct leading to your devastating loss to effective representation in court proceedings – our attorneys will stand by you every step of the way while demonstrating utmost empathy and support. Winning justice for families subject to great scrutiny has always been top priority at Carlson Bier; hence why choosing us equals gaining relentless fighters who vow never to rest until fair recompense is secured on your behalf.

Let’s set things into motion again after the unimaginable tragedy – contact Carlson Bier today where dedication meets proficiency in wrongful death legal matters.

About Carlson Bier

Wrongful Death Lawyers in Warrenville Illinois

At Carlson Bier, we advocate, support, and champion the causes of those who have suffered loss due to an unexpected or unjust death. A wrongful death claim is a considerable action aiming to alleviate the burdens brought by the abrupt departure of a loved one. It revolves around fatal accidents where another party’s negligence or intention to cause harm results in someone else’s demise. While nothing can replace your beloved ones, securing fair compensation may lighten the financial load and pave the way toward healing.

The legal landscape of wrongful death claims involves numerous intricate aspects. Let us highlight some key characteristics pertinent to Illinois laws:

– Eligibility: The law allows immediate family members such as spouses, children (both adopted and biological), and parents (if there are no surviving spouses or children) to file a wrongful death lawsuit.

– Statute of Limitations: Typically, you have two years from the date of passing which is not always from the event causing it but when it was noticed that survival became impossible due two said event.

– Negligence Must Be Proven: As with all personal injury suits, you will need strong proof that another party’s actions lead directly to your loved one’s untimely demise.

Injuries eligible for a wrongful death lawsuit aren’t limited solely to physical harm; they cover emotional suffering along with any external conditions that contributed significantly toward an individual’s premature passing. These scenarios might range from a car accident strongly influenced by intoxicated driving to tripping over unsafe construction debris left conspicuously in a public space.

When navigating these complicated avenues towards justice, having proficient legal counsel like Carlson Bier on your side could make all difference between full compensation and unwarranted compromises. Beyond just reimbursement for medical bills preceding their passing or funeral expenses—which most people consider when thinking about compensation—four figure sums are also potentially awaiting in areas such as lost wages had they been able-bodied enough work through normal retirement age; loss companionship provided by them among family members and friends alike; or even something as profound given the experiences they would have otherwise shared with their loved ones.

An expert personal injury attorney will diligently delve into intricate factors of your case. They meticulously assemble evidence, lead comprehensive investigations, negotiate forcefully with insurance firms, and don’t flinch in court if a fair settlement cannot be attained outside of it.

Remember that not all personal injury law offices are created equal. Carlson Bier demonstrates a distinguished echelon in both experience thoughts how to effectively maneuver through these often pain-ridden legal procedures. At our firm, you aren’t just another case number—you’re an individual deserving justice for your unique circumstances.

As wronged parties, stepping forward towards holding accountable those at fault isn’t just about reclaiming some semblance of normality—it’s also about setting precedence so future incidents can be avoided by asserting that negligence leading to wrongful deaths should never be tolerated. Let Carlton Bier shoulder the weighty burdens of monumental losses—helping affected families recover from undue misery is our topmost priority..

Is there lingering unease clouding your every thought? Have you been asking yourself how much compensation might my case warrant? Stop wondering—start discovering right now by clicking the button directly below this text. You may find that figure surpasses anything you had ever envisaged and serves as rightful justice for your departed loved one. Remember—we at Carlson Bier believe wholly in fighting for what’s rightfully yours!

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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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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 Warrenville

Areas of Practice in Warrenville

Bike Mishaps

Specializing in legal services for people injured in bicycle accidents due to negligent parties' lack of care or dangerous conditions.

Scald Injuries

Supplying professional legal advice for individuals of intense burn injuries caused by events or recklessness.

Medical Misconduct

Providing expert legal advice for victims affected by clinical malpractice, including misdiagnosis.

Commodities Fault

Handling cases involving dangerous products, providing skilled legal guidance to clients affected by product malfunctions.

Geriatric Mistreatment

Defending the rights of elders who have been subjected to abuse in elderly care environments, ensuring protection.

Stumble and Stumble Injuries

Skilled in dealing with fall and trip accident cases, providing legal representation to clients seeking justice for their suffering.

Birth Traumas

Extending legal support for relatives affected by medical misconduct resulting in infant injuries.

Motor Collisions

Incidents: Dedicated to guiding victims of car accidents secure fair compensation for wounds and impairment.

Two-Wheeler Incidents

Committed to providing legal support for individuals involved in two-wheeler accidents, ensuring just recovery for injuries.

Trucking Crash

Offering expert legal services for victims involved in semi accidents, focusing on securing just compensation for losses.

Construction Crashes

Engaged in defending staff or bystanders injured in construction site accidents due to negligence or carelessness.

Head Damages

Focused on delivering compassionate legal advice for clients suffering from cerebral injuries due to misconduct.

Dog Bite Harms

Skilled in addressing cases for clients who have suffered harms from puppy bites or creature assaults.

Jogger Crashes

Committed to legal representation for foot-travelers involved in accidents, providing expert advice for recovering damages.

Unjust Fatality

Fighting for relatives affected by a wrongful death, supplying empathetic and experienced legal support to ensure restitution.

Vertebral Trauma

Dedicated to assisting persons with paralysis, offering expert legal assistance to secure redress.

Contact Us Today if you need a Person Injury Lawyer