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Wrongful Death Attorney in Waukegan

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Navigating the emotional, complex path of a wrongful death case demands more than legal expertise – it calls for empathy, understanding, and unwavering dedication. At Carlson Bier Associates, we are that partner in your journey to justice. Guided by compassion and fueled by tenacity, our adept team of attorneys is committed to securing rightful compensation under the Illinois Wrongful Death statutes. Our multifaceted approach encompasses meticulous investigation supported with cutting-edge technological tools – all employed strategically to construct robust representation built on truth and integrity.

Drawing from years of experience serving Illinois citizens through various personal injury claims resources , we’ve cultivated invaluable knowledge applicable exclusively to wrongful death cases. From swift legal response post-tragedy ensuring critical evidence preservation to skilfully navigating tangled insurance procedures; our proficiency isn’t just broad but distinctively profound.

Valuing client relationships above transactional interactions perhaps sets us apart in this space most significantly – placing your needs first even amidst convoluted litigation processes is a foundational principle at Carlson Bier Associates. Choosing us comes with assurance of not only courtroom excellence but also peace amidst chaos; partnering with you every step until achieving due restitution .

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About Carlson Bier

Wrongful Death Lawyers in Waukegan Illinois

Personal injury and wrongful death cases are fraught with deep emotions, boundless complexities, and numerous available legal avenues. It takes an expert hand to guide you through these intricacies which is where the Carlson Bier law firm comes in: a trusted personal injury attorney group based in Illinois. We specialize in handling wrongful death cases, providing sound advice, necessary guidance and purposeful representation every step of the way.

In understanding Wrongful Death as a term within the realm of law, it refers to a scenario where someone’s negligence or intentional action results in another person’s death. This type of case evolves beyond mere accidents; they occur when one party failed to exercise their duty of care leading to fatal consequences for another person.

There are several key areas that we believe our clients should understand about Wrongful Death litigation:

• The plaintiff can recover economic damages such as lost benefits from the deceased,

expected earnings over the course of their lifespan if they had lived.

• Non-economic damages like pain-suffering for survivors or loss of companionship

can also be claimed.

• Punitive damages may be pursued if gross negligence was involved.

At Carlson Bier, we appreciate that grief-stricken families need time to process their losses. Therefore, we endeavor not only to address your legal needs but also acknowledge your emotional distress during this highly trying period. Our commitment remains unwavering – putting you first while ensuring diligent pursuit of justice on behalf of your loved ones.

As each case brings unique circumstances and characteristics, no two wrongful death lawsuits will look identical. Precisely why our team focuses on meticulous preparation by extensively investigating all relevant facts pertinent to the incident leading up to the tragic event. These investigations help us establish liability and consequently maximize financial recovery resources for bereaved families.

Well-versed in various governing rules across Illinois jurisdictions concerning wrongful deaths claims include statute limitations (generally set at two years), filing procedures among others. With strict adherence to these guidelines, we continuously strive to make the legal process seamless and less daunting for our clients.

We also understand that wrongful death claims hinge upon certain crucial elements:

• A legal duty of care existing between the defendant and deceased.

• The said duty was breached by defendant’s actions or lack thereof.

• This breach directly causing the fatality

• Measurable damages resulting from the loss

Our responsibility at Carlson Bier is to work relentlessly towards proving all these elements ensuring maximum compensation for you. As experts in our field, we have amassed an impressive track record attesting to our proficiency in securing favorable verdicts and settlements on behalf of our clients.

Navigating through a wrongful death claim can get overwhelming, primarily due to its intricate nature coupled with lifelong emotional implications it lands families into. As your chosen legal ally, we aim at alleviating some of this immense burden off your shoulders by providing comprehensive representation rooted in compassion and competence.

If you’ve lost a loved one due to negligence or intentional act of another party, seeking out legal counsel could be life-changing decision matching right up there alongside grief counseling. Standing firm as advocates of justice for grieving families across Illinois State, Carlson Bier law firm imparts peace-of-mind amid unfathomable uncertainty – standing firm against those responsible for your suffering.

Contracting experienced personal injury attorneys like us ensures strategic pursuit towards justice while abiding by relative legal confines unique to Illinois State. Secure knowledgeable allies versed in relevant laws & processes; Look no further than Carlson Bier: Your trusted confidants committed towards claiming rightful reparations following devastating losses impacting lives forever.

Recognize that time is critical when dealing with wrongful death claims; Seize control over your destiny now instead of sinking deep within abyss lit evidently by immeasurable pain-grief inherently characteristic during such dire times battling alone barely provides escape light treading through those hard-hitting circumstances demands proficient assistance safeguarding future till.

We extend our heartfelt condolences with sincerity for your devastating loss. Recognizing justice cannot alleviate mourning, but reparation can create financially secure futures, thus champion courage clicking button below to find out what your case is worth and let Carlson Bier help you make these crucial first steps towards healing while firmly holding onto justice’s hand.

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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 Waukegan

Areas of Practice in Waukegan

Cycling Accidents

Dedicated to legal assistance for persons injured in bicycle accidents due to negligent parties' negligence or perilous conditions.

Thermal Traumas

Giving specialist legal assistance for victims of major burn injuries caused by accidents or misconduct.

Healthcare Incompetence

Delivering experienced legal representation for clients affected by physician malpractice, including negligent care.

Goods Liability

Dealing with cases involving unsafe products, providing specialist legal guidance to individuals affected by product malfunctions.

Senior Misconduct

Representing the rights of seniors who have been subjected to misconduct in aged care environments, ensuring protection.

Stumble and Stumble Accidents

Adept in handling tumble accident cases, providing legal assistance to victims seeking redress for their damages.

Newborn Wounds

Providing legal aid for families affected by medical negligence resulting in newborn injuries.

Automobile Accidents

Crashes: Dedicated to guiding clients of car accidents receive fair remuneration for harms and losses.

Scooter Collisions

Focused on providing representation for riders involved in two-wheeler accidents, ensuring just recovery for traumas.

Trucking Crash

Delivering professional legal assistance for drivers involved in truck accidents, focusing on securing just compensation for losses.

Construction Site Incidents

Committed to representing workers or bystanders injured in construction site accidents due to carelessness or misconduct.

Cerebral Traumas

Expert in extending dedicated legal assistance for victims suffering from cognitive injuries due to negligence.

Dog Bite Wounds

Specialized in tackling cases for victims who have suffered traumas from K9 assaults or animal assaults.

Jogger Mishaps

Dedicated to legal assistance for foot-travelers involved in accidents, providing comprehensive support for recovering restitution.

Unwarranted Passing

Advocating for grieving parties affected by a wrongful death, extending sensitive and expert legal assistance to ensure fairness.

Vertebral Damage

Dedicated to assisting persons with vertebral damage, offering compassionate legal support 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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