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Wrongful Death Attorney in West Chicago

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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

As you grapple with the tragic circumstances of a wrongful death case in West Chicago, Carlson Bier brings both compassion and expertise to your aid. Accustomed to dealing with such sensitive matters, our attorneys offer steadfast support, knowledge of Illinois laws, and relentless pursuit for justice. Our reputation rests squarely upon our unshakable commitment to those we represent during these trying times. We understand that making legal decisions under emotional turbulence is exceedingly difficult; thus we shoulder the burden so you can focus on coping and healing. At Carlson Bier, each wrongful death case is given full attention—meticulously examining every detail to strategically champion your cause. As a victim’s advocate and an unwavering voice in the face of adversity, trust us when it counts most-during your darkest hours fighting for justice from the consequences of an avoidable catastrophe—it’s not just about claiming what’s rightfully yours; but also preserving their dignity by holding accountable parties responsible.

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About Carlson Bier

Wrongful Death Lawyers in West Chicago Illinois

When tragedy strikes, and an unexpected loss happens due to someone’s negligence, the pain is only compounded by questions about what could have been done differently. The bereaved are left with grief, unanswered queries, and often significant financial pressures that come from sudden expenses like medical bills or loss of income from the deceased not having a chance to contribute anymore. This is where Carlson Bier steps in. Our experienced team of personal injury attorneys understands the extraordinary strain placed on families dealing with tragic losses. We aim to lessen this burden by ensuring you get justice through pursuing wrongful death suits.

A Wrongful Death Claim arises when a person dies as a result of another individual’s negligent or reckless actions. This could be medical malpractice, car accidents caused by drunk driving or distracted driving amongst others. If your loved one has suffered such fate in Illinois, it is crucial to understand that state laws significantly impact how these cases are handled.

• Heartfelt compassion: At Carlson Bier, we approach each case with empathy whilst confidently navigating complex legal labyrinths surrounding wrongful death claims.

• Competent representation: We fight tirelessly for our clients’ rights, seeking compensation for funeral costs/liability insurance settlements amongst other claims related aspects.

• Proven track record: Over decades of serving grieving families passionately and successfully.

Taking on legal proceedings can feel overwhelming while busy processing emotions associated with losing a loved one. That’s why we at Carlson Bier shoulder all responsibilities pertaining to your claim – so you can focus entirely on healing and remembrance during this challenging time.

Illinois law stipulates two years from death (or when it should reasonably have been discovered) as the Statute of Limitations within which Wrongful Death Claims must be filed (unless specific exceptions apply). A single representative (often next-of-kin) files this suit essentially on behalf of the victim’s surviving family members – referred to legally as “the real parties in interest”.

Though compensatory damages differ greatly case-by-case, generally speaking they could cover:

• Medical costs prior to death,

• Funeral expenses,

• Lost income including prospective earnings had the deceased lived out his/her normal lifespan,

• Survivor’s pain, suffering and grief.

Please remember that no sum of money can ever replace your loved one nor undo any wrongs done. However, a successful wrongful death claim does offer some financial respite – making life after loss just that little bit easier for survivors.

Specific Illinois Statutes also permit closely bereaved family members to file a separate but related Survival Action Claim – recovering additional damages for victim’s own personal sufferings from time of injury till death. Kindly note though, punitive damages are not recoverable under state law in both Wrongful Death and Survival Actions Claims.

Another critical aspect worth noting here is comparative negligence: if the court finds deceased partly at fault for their fatality, total recoverable compensation shall decrease proportionally – again highlighting importance of competent legal representation defending your interests vehemently.

Navigating this complicated yet potentially consoling path towards justice necessitates hiring qualified legal professionals like us at Carlson Bier who deeply understand local Illinois laws impacting such claims. Offering an empathic ear and vast knowledge steeped in decades-spanning courtroom experience; we aim to catalyze closure while fighting tenaciously for rightfully deserved compensation alleviating burdensome pressures on grieving families.

We want you to feel confident choosing us as partners navigating these tough times with you and representing your best interests passionately every step along this journey going forward following tragedy. Seek help now by clicking on the button below to find out how much your cases might be worth. Trust our reliable team at Carlson Bier with charting pathways through complexities surrounding Wrongful Deaths – offering compassionate guidance coupled with relentless advocacy coaxing justice out gradually from deep wellsprings of sorrow now touchingly reshaped into unshakable resolution.

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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 West Chicago

Areas of Practice in West Chicago

Bicycle Mishaps

Specializing in legal representation for clients injured in bicycle accidents due to responsible parties' negligence or dangerous conditions.

Fire Burns

Extending professional legal advice for individuals of intense burn injuries caused by events or carelessness.

Clinical Misconduct

Extending professional legal support for persons affected by healthcare malpractice, including misdiagnosis.

Merchandise Fault

Handling cases involving problematic products, offering adept legal guidance to victims affected by faulty goods.

Aged Misconduct

Representing the rights of aged individuals who have been subjected to neglect in senior centers environments, ensuring restitution.

Slip & Stumble Mishaps

Professional in managing trip accident cases, providing legal advice to clients seeking compensation for their suffering.

Infant Traumas

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

Motor Crashes

Crashes: Dedicated to guiding sufferers of car accidents secure equitable payout for injuries and damages.

Motorcycle Mishaps

Committed to providing legal support for victims involved in motorbike accidents, ensuring fair compensation for injuries.

Trucking Crash

Ensuring experienced legal advice for clients involved in big rig accidents, focusing on securing adequate compensation for hurts.

Worksite Accidents

Engaged in assisting workers or bystanders injured in construction site accidents due to oversights or carelessness.

Cognitive Impairments

Committed to extending expert legal advice for persons suffering from cognitive injuries due to negligence.

K9 Assault Traumas

Skilled in managing cases for individuals who have suffered harms from dog attacks or wildlife encounters.

Foot-traveler Mishaps

Committed to legal services for cross-walkers involved in accidents, providing professional services for recovering claims.

Unwarranted Demise

Fighting for loved ones affected by a wrongful death, offering caring and skilled legal support to ensure fairness.

Backbone Injury

Specializing in advocating for individuals with backbone trauma, offering specialized legal services to secure recovery.

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