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Wrongful Death Attorney in West City

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About Carlson Bier Associates

In the wake of a tragic loss, securing justice for your loved one is paramount. Carlson Bier, an esteemed law firm in Illinois, has been championing Wrongful Death cases with compassionate advocacy and formidable expertise. Our depth of understanding on complex legal scenarios has earned us victories across diverse circumstances – from accidents to medical malpractice and workplace injuries. Every case we take up is driven by our commitment to honor the memory of loved ones lost unjustly; transforming grief into action that demands rightful recourse under law. With years of experience dealing specifically in Wrongful Death lawsuits, the attorneys at Carlson Bier not only fight unwaveringly but also offer emotional support during this challenging time. We trust that our reputation for tenacious legal representation propels us as a top consideration when you need robust pursuit for Justice in West City’s courts even though we are not physically located there. Let Carlson Bier be your beacon through dark times – reminding you constantly: You’re never alone in seeking justice!

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About Carlson Bier

Wrongful Death Lawyers in West City Illinois

At Carlson Bier, our legal experts specialize in handling Wrongful Death cases with compassion and professionalism. Based in Illinois, we strive to serve families seeking justice for their loved ones with dedication and empathy.

Wrongful Death refers to a legal claim that can be brought against an individual or entity whose negligence or intentional misconduct resulted in someone’s death. These suits aim at holding responsible parties accountable while assisting the left behind family members financially.

Here are the key elements typically involved in these proceedings:

– The death of a human being,

– This death caused by another’s negligence or intent to harm,

– The survival of family members suffering monetary injury as a result,

– Existence of a personal representative for the decedent’s estate.

The victim’s family usually files these claims; however, they can also be brought forward by estates on behalf of beneficiaries. Reimbursements may cover expenses such as funeral costs, medical bills related to deceased’s final illness/injury, loss companionship/consortium, expected wages if the deceased person had lived and future financial contributions.

As there are complexities revolving around who is eligible to file these lawsuits and what compensation one might receive, it becomes crucial to have an experienced attorney guide you through this challenging process. Notably, state laws govern wrongful deaths specifically – and hence understanding potential complications demand professional intervention.

In Illinois: Only personal representatives (appointed by Court) can lodge wrongful death claims. For instance: Administrator for intestate estates (deceased without will) OR Executor named in deceased person’s Will. Should no executor/administrator exist—only then eligible survivors could file suits directly

We understand dealing with loss is indeed difficult – compounded by navigating intricate legalities surrounding rightful compensations for your loved one’s untimely demise certainly adds emotional stress. At Carlson Bier law firm—we dedicate ourselves towards relieving clients from those pain points—and advocating fiercely on your behalf towards achieving favourable outcomes.

Understanding the statute of limitations is vital to your claim’s success. In Illinois, you generally must file a wrongful death lawsuit within two years of the date of death, but there are exceptions to this rule for cases involving government entities or instances of product liability or medical malpractice.

Here at Carlson Bier, we strive towards ensuring our clients possess thorough comprehension about Wrongful Deaths – and rights afforded in its wake under Illinois Law. We believe that education fosters power – which becomes immensely relevant in arduous times while seeking justice for loved ones unfairly lost.

It’s important to remember that sympathetic counsel isn’t merely a luxury afforded during these matters. Having professional legal representation from empathetic attorneys – who comprehend intricacies surrounding Illinois law surrounding wrongful deaths aids significantly in treading through these tumultuous terrains efficiently and effectively.

Carlson Bier’s experienced team has weathered numerous such lawsuits—fighting tooth and nail against confrontations with insurance companies’ pushbacks—we endeavour for obtaining compensation you deserve; aiding in healing process post tragic loss by bringing family closure whilst securing their financial future

Finally, we want our potential clients to be aware and informed; hence, if you believe you have a wrongful death claim on your hands or need more clarity regarding this area of law, don’t hesitate. Click the button below and discover what your case could potentially be worth. Our firm believes in working diligently to honor your loved one’s memory while helping survivors secure rightful compensations they’re entitled to as per Illinois law. With Carlson Bier by your side—you’ll soldier through not alone but equipped with proficient allies safeguarding your interests vigorously.

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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 City

Areas of Practice in West City

Cycling Crashes

Focused on legal advocacy for clients injured in bicycle accidents due to other parties' lack of care or dangerous conditions.

Burn Traumas

Extending adept legal assistance for sufferers of grave burn injuries caused by occurrences or negligence.

Hospital Carelessness

Delivering experienced legal assistance for individuals affected by physician malpractice, including surgical errors.

Goods Fault

Addressing cases involving problematic products, supplying professional legal guidance to victims affected by defective items.

Nursing Home Neglect

Representing the rights of nursing home residents who have been subjected to abuse in elderly care environments, ensuring protection.

Stumble and Trip Incidents

Expert in managing tumble accident cases, providing legal representation to victims seeking compensation for their harm.

Infant Wounds

Extending legal guidance for relatives affected by medical incompetence resulting in newborn injuries.

Car Collisions

Mishaps: Concentrated on helping sufferers of car accidents gain appropriate recompense for hurts and losses.

Motorbike Incidents

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

Truck Incident

Delivering experienced legal services for victims involved in lorry accidents, focusing on securing adequate recompense for damages.

Construction Site Collisions

Committed to assisting workmen or bystanders injured in construction site accidents due to oversights or irresponsibility.

Brain Damages

Focused on extending compassionate legal representation for patients suffering from cerebral injuries due to negligence.

K9 Assault Damages

Skilled in dealing with cases for individuals who have suffered traumas from dog attacks or creature assaults.

Pedestrian Incidents

Focused on legal services for joggers involved in accidents, providing comprehensive support for recovering recovery.

Wrongful Fatality

Standing up for grieving parties affected by a wrongful death, extending understanding and professional legal services to ensure compensation.

Neural Damage

Specializing in advocating for persons with backbone trauma, offering dedicated legal support 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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