Wrongful Death Attorney in Wenona

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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

When a wrongful death disrupts your life in Wenona, you need an advocate on your side. Carlson Bier is a staunch supporter of justice, tirelessly pursuing compensation for families grappling with loss. Through our comprehensive experience and unwavering dedication to clients’ rights, we’re committed to seeing that responsible parties are held accountable. Our seasoned attorneys have navigated the complexities of Illinois law and achieved success in numerous Wrongful Death situations; It’s through this very track record that we’ve earned recognition within the legal community. We firmly believe each case deserves personalized attention and carefully consider all aspects surrounding these devastating circumstances while formulating strategies aimed at obtaining maximum recovery for you. Demonstrating compassion without sacrificing aggressive representation sets us apart from ordinary firms; it’s what you can expect when choosing Carlson Bier as your legal ally during times where strong direction is needed most – especially after suffering life-changing loss due to another’s negligence or recklessness which resulted in wrongful death.

About Carlson Bier

Wrongful Death Lawyers in Wenona Illinois

At Carlson Bier, we dedicate ourselves in advocating for justice on behalf of those dealing with the indescribable pain of losing a loved one due to wrongful death. We understand how devastated and overwhelmed you may be feeling, which is why our qualified personal injury attorneys are committed to providing compassionate, thorough legal representation during this emotional time. We firmly believe that knowledge is power, therefore we strive to arm our clients with detailed and comprehensible information about Illinois’ laws surrounding Wrongful Death.

A wrongful death claim arises when a person loses his or her life as a consequence of negligence or harmful intent by another individual or entity. In such scenarios, close family members or dependents of the deceased remain legally entitled under Illinois law to initiate action towards recovering damages for their loss. However, defining ‘negligence’ can be complex and might prove challenging without skilled legal support. Essentially, it would necessitate showing that there existed a duty breached by an individual’s careless conduct ultimately leading to the untimely demise.

Several key elements underscore successful negotiation in wrongful death cases:

• Evidence proving negligence: This element marks pivotal importance in any wrongful death case seeking compensation.

• Extent of financial loss: The monetary damage incurred subsequent to the death profoundly affects both calculating compensations and awarding settlements.

• Pain & Suffering: While no dollar value can heal emotional trauma endured by survivors- courts hold authority to acknowledge pain & suffering inflicted upon dependents via remuneration provisions.

Our dedicated team understands every case is unique; hence approaches are customized alias evidence gathering tactics adjusted accordingly – whether it’s related medical records reflecting carelessness or statements from eyewitnesses substantiating accused party negligence.

Wrongful deaths cause more than just emotional devastation; they often result in substantial financial burdens – ranging from enormous medical bills to lost income potential state among others causing economic turmoil for families already grappling with sorrow. But did you know under Illinois law, claimants hold the right to demand compensation not just for economic losses but non-economic damages too? This could incorporate elements such as loss of consortium, companionship, parental guidance or even mental anguish felt by survivors post losing a loved one.

Here at Carlson Bier, we adeptly navigate through these intricate legal waters and are committed to leverage our vast experience in recovering maximum compensation deserving for your family’s untold suffering provoked by such unfortunate events. From initial case evaluation through aggressive representation – in or out of court – our competent team persistently endeavors enabling you towards the path of rightful justice.

Moreover, it is vital to respect stipulated timelines while proceeding with wrongful death claims. According to Illinois statute of limitations, claimants have up to two years from the date of death for filing lawsuits seeking compensation. Any delay beyond this term might lead towards forfeiture against potential recovery causing more distress amongst surviving dependents than relief.

Undeniably, understanding intricacies surrounding Wrongful Death laws across Illinois frequents confusion among people embarking upon legal journeys first time dealing with tremendous grief already. Therefore, partnering with skilled Personal Injury Attorneys like us can significantly help alleviate such complexities bringing forth desired outcomes favoring you amidst mournful times via tailored strategies suiting specific client needs.

We pride ourselves on diligently playing pivotal roles addressing questions that arise in minds willingly unmasking such aspects facilitating claim processing serving your interest optimally besides guiding entire stages professionally assuring successful closure meant rightfully yours. As experienced Illinois-based personal injury lawyers proficient in wrongful death cases — our commitment remains undeterred ensuring maximum possible benefits recoverable under law reaches rightful claimants uncompromised.

Before clicking the button below and discovering how much your case may be worth, bear this firmly–at Carlson Bier we understand no money can ever replace a loved one lost tragically; however walking past those painful times striving justice and ensuring continued financial stability forms an integral part mending broken pieces back together with time. Let us help you ‘restart’ life standing beside robustly. So, get in touch today – click the button below to find out how much your case could potentially be worth and let’s begin the journey towards justice and closure together. For at Carlson Bier, it’s not just about winning cases; it’s about championing rights and restoring hope for a reclaimed tomorrow.

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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 Wenona

Areas of Practice in Wenona

Bicycle Mishaps

Dedicated to legal support for victims injured in bicycle accidents due to negligent parties' recklessness or unsafe conditions.

Thermal Damages

Providing expert legal help for sufferers of intense burn injuries caused by mishaps or misconduct.

Medical Negligence

Delivering expert legal services for individuals affected by physician malpractice, including surgical errors.

Goods Fault

Managing cases involving unsafe products, supplying skilled legal support to clients affected by defective items.

Senior Abuse

Supporting the rights of the elderly who have been subjected to malpractice in care facilities environments, ensuring fairness.

Tumble & Slip Occurrences

Skilled in dealing with fall and trip accident cases, providing legal support to sufferers seeking redress for their injuries.

Newborn Damages

Offering legal support for families affected by medical carelessness resulting in infant injuries.

Car Accidents

Collisions: Committed to supporting victims of car accidents secure equitable recompense for hurts and losses.

Motorbike Mishaps

Dedicated to providing legal support for motorcyclists involved in bike accidents, ensuring adequate recompense for injuries.

Trucking Crash

Ensuring specialist legal services for clients involved in trucking accidents, focusing on securing appropriate recompense for hurts.

Construction Site Incidents

Focused on representing staff or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Head Impairments

Dedicated to extending dedicated legal services for patients suffering from brain injuries due to incidents.

Dog Bite Traumas

Specialized in tackling cases for persons who have suffered wounds from dog attacks or wildlife encounters.

Pedestrian Crashes

Focused on legal assistance for foot-travelers involved in accidents, providing effective representation for recovering compensation.

Undeserved Death

Standing up for families affected by a wrongful death, delivering compassionate and professional legal guidance to ensure compensation.

Neural Harm

Specializing in assisting victims with spinal cord injuries, offering expert legal support to secure compensation.

Contact Us Today if you need a Person Injury Lawyer