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Wrongful Death Attorney in Wayne

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About Carlson Bier Associates

If you’re seeking justice for a loved one’s wrongful death in Wayne, Carlson Bier presents unwavering strength and commitment to your cause. As veteran attorneys specializing in wrongful death cases, we embody the relentless advocacy needed during these distressing times. Our extensive experience, unparalleled legal expertise and formidable trial skills set us apart in this challenging domain. We strive to comprehend every facet of your deeply personal loss as we navigate through complex Illinois laws on your behalf with unyielding determination. At Carlson Bier, our team is driven by results while being equally invested emotionally – an amalgamation that yields empathetic yet effective legal representation when confronting powerful adversaries or facing intricate proceedings. We endeavor tirelessly until justice prevail for families devastated by such tragedies-holding those responsible entirely accountable for their actions-leading to comprehensive settlements compensatory provisions reflecting nothing less than rightful adherence to Justice’s high principles.

Indeed-when tragedy strikes trust only Carlson Bier – Your staunch advocates dedicatedly pursuing right where it was forfeited!

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About Carlson Bier

Wrongful Death Lawyers in Wayne Illinois

At Carlson Bier, we tirelessly advocate for those unjustly suffering due to personal injury incidents in Illinois. We are especially committed to providing robust legal services focused on Wrongful Death, deeply understanding the emotional toll and complexity involved in such cases.

Wrongful death refers to a situation where negligence or intentional action of another party directly results in the loss of someone’s life. This could stem from various scenarios including car accidents, medical malpractice, workplace accidents, defective products among others. In these distressing instances, surviving family members are entitled to seek damages through wrongful death claims.

Our dedicated team at Carlson Bier navigate this complex process by meticulously following every detail of Illinois statutes regarding Wrongful Death claims which set forth who can file claims, what damages may be sought along with other challenging aspects.

Key facets to remember about Wrongful Death cases include:

• Who Can File a Claim: Exclusive rights for filing wrongful death claims lay with the appointed representative (executor) of the deceased’s estate. Generally vested in immediate family members – spouse or children putting more emphasis on surviving spouses and minor kids.

• Types of Damages: Specifically categorized under three headings – Economic (monetary losses), Non-Economic (emotional anguish or grief), Punitive Damages( punishment to prevent occurrence)

• Statute of Limitations: The acceptable time limit for reporting such an incident is two years from the date the person died.

When it comes to seeking reparations related to these traumatic events; knowledge and expertise matter! Our proficient lawyers dedicate countless hours ensuring they understand all applicable laws conservatively interpreting ambiguities consistent with principles inspiring favorable results.

We also understand that dealing with immense sorrow over untimely deaths serves as double-edged swords affecting mental agility especially when you have legalities looming around seeking justice making it more substantial than ever that claimants work diligently with reputable firms like ours truly focused on defending your legal rights

At our firm we provide comprehensive, personalized legal representation tailored to our clients’ unique needs. We stand firm with your family ensuring we masterfully navigate through this challenging process leveraging decades of combined professional experience in defending these cases.

Filing a wrongful death lawsuit can be emotionally taxing, and the financial restitution won’t erase grief but seeing justice served could benefit in closing one painful chapter allowing hope for brighter days to emerge.

Remember, the evaluation of each Wrongful Death case is distinct as it’s inherently dependent on the nuances involved in that specific incident. Our team’s unique ability to see beyond apparent complexities stems from our wealth of experience hardened skill sets positioning us to secure the most favorable outcomes for those we represent passionately and professionally.

At Carlson Bier, what truly anchors our approach isn’t just legal acumen! It’s sustaining humanity within challenging processes assuring families suffering unimaginable losses know that at every juncture they have a friend in us putting more than adequate resources invested strategically designed legally nuanced game plans centered around maximizing compensations all while keeping them informed empathetically along each step taken during this arduous journey

We invite you now to further discover how much your case is worth, helping provide clarity during an uncertain time. When you’re battling relentlessly dealing with such traumatic occurrences; rest assured–you don’t need to do it alone! At Carlson Bier, we’re right here beside you. Kindly click on the button below letting us uncomplicate claiming deserved damages because at end its not about law-its personal!!

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Testimonials from Clients

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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 Wayne

Areas of Practice in Wayne

Bicycle Accidents

Focused on legal representation for individuals injured in bicycle accidents due to responsible parties' indifference or hazardous conditions.

Fire Damages

Offering adept legal services for individuals of intense burn injuries caused by events or negligence.

Medical Negligence

Extending experienced legal support for individuals affected by physician malpractice, including wrong treatment.

Commodities Responsibility

Managing cases involving defective products, extending expert legal help to customers affected by product malfunctions.

Elder Misconduct

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

Tumble and Trip Mishaps

Skilled in addressing stumble accident cases, providing legal support to individuals seeking redress for their harm.

Neonatal Harms

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

Motor Incidents

Crashes: Dedicated to aiding patients of car accidents obtain appropriate payout for harms and impairment.

Motorcycle Accidents

Committed to providing legal services for bikers involved in two-wheeler accidents, ensuring rightful claims for damages.

Trucking Incident

Providing experienced legal representation for clients involved in trucking accidents, focusing on securing rightful compensation for losses.

Worksite Crashes

Engaged in supporting workmen or bystanders injured in construction site accidents due to carelessness or negligence.

Head Harms

Committed to providing specialized legal advice for persons suffering from brain injuries due to misconduct.

Dog Attack Wounds

Specialized in managing cases for victims who have suffered wounds from puppy bites or animal assaults.

Jogger Accidents

Committed to legal support for walkers involved in accidents, providing expert advice for recovering compensation.

Unjust Demise

Advocating for loved ones affected by a wrongful death, extending compassionate and expert legal guidance to ensure restitution.

Vertebral Impairment

Expert in representing persons with paralysis, offering professional legal representation 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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