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Wrongful Death Attorney in Wauconda

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Expertise, empathy, commitment – words best epitomizing the wrongful death attorneys at Carlson Bier. We understand Wauconda clients may find it difficult to negotiate legal complexities while dealing with traumatic loss. Thus, we’ve dedicated ourselves exclusively in remedying these grievances by pursuing rightful claims aggressively and sensitively. For families victimized due to negligence or misconduct borne fatal results necessitating a specialist’s help, Carlson Bier emerges as the top choice for wrongful death counsel. Our team comprises highly-acclaimed lawyers skilled in crafting compelling cases that yield maximum compensation for our clients’ devastating losses.

Our exemplary track record is fortified by several successful recoveries of monetary damages serving as a testament to our professional efficacy and client-centric approach. At Carlson Bier ICYMI (In Case You Missed It), reparation isn’t just about financial compensation; it’s moral vindication—an assertion of justice served righteously.

Assuring comprehensive courtroom representation and competent negotiation skills orchestrated towards securing your rights against unfair practices—Carlson Bier stance firmly defines assertive yet empathetic personal injury law advocacy driven solely for you—a beacon amidst life-altering crises.

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About Carlson Bier

Wrongful Death Lawyers in Wauconda Illinois

Suffering the loss of a loved one is an overwhelming experience, emotionally and financially. In certain scenarios where this tragic incident can be traced back to negligence or misconduct of another party, you may have grounds for pursuing a Wrongful Death claim. As experienced personal injury attorneys, Carlson Bier deeply understands the complexity and sensitivity around such cases in Illinois.

Wrongful Death claims lie within the realm of personal injury law where it allows surviving family members to receive compensation when their loved one’s death is caused by another individual’s negligent or intentional behavior. Key elements that must exist include:

– The death of a human being.

– Caused by another’s negligence, or with intent to cause harm.

– The survival of family members who are suffering monetary damage as a result.

– The appointment of a personal representative for the deceased estate.

If these factors align with your situation, it becomes critical to quickly secure specialized legal counsel since most Wrongful Death lawsuits must be filed within two years from the date of death under Illinois law – known as statute of limitations.

Navigating this complex process calls for empathy combined with sharp legal acumen – cornerstones upon which our team at Carlson Bier thrives on. Our lawyers help clarify whether your case qualifies as a wrongful death suit and walk you through every step: from assembling all relevant evidence proving negligence was the direct cause behind the fatality to quantifying all resultant damages you should be compensated for.

Our experiences show us that Wrongful Death claims arise chiefly from situations like vehicle accidents due directly to DUIs or reckless driving; medical malpractice including surgical errors or misdiagnosis; workplace accidents due to insufficient safeguards often involving heavy machinery; criminal activities resulting in fatal injuries; and more recently, deaths linked with products liability issues such as defective drugs or hazardous materials.

With regards to damages awarded in Wrongful Death claims – these could cover various areas like:

– Funeral & burial expenses.

– Medical bills incurred prior to the deceased’s death.

– Loss of inheritance as a result of an untimely death.

– Value of services that the deceased would have provided.

– Emotional distress suffered by surviving family members.

Bear in mind though, the state law has specific rules on who can actually file these types of cases and how compensation gets distributed among surviving relatives. As your personal injury attorney, we ensure your legal standing is cemented when orchestrating this claim.

Personal loss takes a heavy toll on mental well-being while trying to process it legally leans dauntingly complex. Leave the latter burden in our capable hands while you focus on healing from within. This significant task calls for dedication, resilience, precision – attributes our team at Carlson Bier embodies relentlessly.

Instead of succumbing to intense financial strain caused by wrongful deaths, seize this opportunity to confer with leading personal injury attorneys committed to securing justice for aggrieved families across Illinois. Don’t let added worry about expenses hold you back either – at Carlson Bier we operate on ‘No Fee Until We Win’ model meaning you owe us absolutely nothing unless we achieve victory in your case.

Beyond unfolding robust representation, we strive to turn an upsetting truth into tangible relief serving up some closure through monetary compensations and holding guilty parties accountable which ultimately contributes towards preventing similar future negligence-driven episodes impacting other innocent lives.

Continuing life knowing no amount of money can truly compensate for personal loss might seem bleak but marching forward equipped with professional legal support lightens that burden remarkably. Discover today what competent compassionate legal counsel looks like with Carlson Bier spearheading your fight against Wrongful Death injustices.

Don’t guess how much your case could potentially be worth. Allow us to provide you expertise coupled with candid understanding required during this hard time- click the button below now finding out exactly how much rightful compensation awaits you!

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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 Wauconda

Areas of Practice in Wauconda

Bicycle Accidents

Dedicated to legal advocacy for victims injured in bicycle accidents due to responsible parties' lack of care or hazardous conditions.

Thermal Traumas

Offering specialist legal services for patients of major burn injuries caused by events or negligence.

Hospital Negligence

Offering professional legal representation for patients affected by healthcare malpractice, including wrong treatment.

Commodities Fault

Taking on cases involving defective products, providing skilled legal help to customers affected by product malfunctions.

Senior Neglect

Defending the rights of elders who have been subjected to neglect in senior centers environments, ensuring compensation.

Fall and Trip Mishaps

Adept in dealing with slip and fall accident cases, providing legal advice to clients seeking restitution for their harm.

Infant Wounds

Delivering legal support for households affected by medical malpractice resulting in neonatal injuries.

Motor Crashes

Accidents: Committed to supporting victims of car accidents obtain fair remuneration for damages and losses.

Two-Wheeler Accidents

Focused on providing representation for riders involved in scooter accidents, ensuring rightful claims for injuries.

Trucking Accident

Providing expert legal assistance for clients involved in trucking accidents, focusing on securing fair claims for losses.

Construction Site Collisions

Dedicated to representing workmen or bystanders injured in construction site accidents due to oversights or misconduct.

Cerebral Injuries

Dedicated to delivering dedicated legal advice for clients suffering from neurological injuries due to negligence.

Canine Attack Traumas

Expertise in addressing cases for people who have suffered traumas from puppy bites or wildlife encounters.

Cross-walker Incidents

Committed to legal assistance for joggers involved in accidents, providing expert advice for recovering compensation.

Undeserved Demise

Working for loved ones affected by a wrongful death, extending empathetic and professional legal assistance to ensure fairness.

Vertebral Injury

Specializing in assisting persons with paralysis, offering compassionate legal services to secure recovery.

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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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