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Wrongful Death Attorney in Westchester

Let Carlson Bier Fight For You

Over $50 Million in Recoveries

Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Navigating the complexities of a Wrongful Death case requires expert legal counsel, and that’s where Carlson Bier leads the way. As an established law firm in Illinois, we are adept at delivering legal representation with empathy and tenacity. Our forte lies within our wealth of experience and depth of knowledge committed to helping families seek justice for their lost ones. In wrongful death situations when every decision matters most, selecting Carlson Bier as your dependable guide is essential because we understand how high stakes feel emotionally and financially. We strive diligently through each case’s idiosyncrasies to ensure rightful compensation is awarded – never losing sight of our primary goal: bringing you peace amidst a painful loss. Your grief burdens enough; allow us shoulder the precise execution of legal responsibilities on your behalf while you focus on healing from this tragic episode in life. Choose strength, choose proficiency, choose Carlson Bier for reliable advocacy during personal crises involving wrongful deaths across Illinois including Westchester cases.

About Carlson Bier

Wrongful Death Lawyers in Westchester Illinois

At Carlson Bier, we are experts in Illinois personal injury law. We understand the endless pain and suffering faced by families dealing with untimely deaths caused by someone else’s negligence or recklessness. As experienced wrongful death attorneys based in Illinois, we tirelessly advocate for victim’s rights and passionately seek justice.

Wrongful Death is a legal term that refers to any death caused due to misconduct, negligence, or intentional action of another party. When such unfortunate incidents occur, it’s essential to know your rights under the law. The surviving family members may file a wrongful death claim against those responsible – holding them accountable financially for their actions sending a clear message about impunity.

Some crucial aspects when pursuing a wrongful Death claim includes:

• Timing: In Illinois, there’s generally a time limit – known as the statute of limitations. One must take legal action within two years from the date of harm leading to death.

• Proving Fault: It is necessary to show that the alleged party was indeed negligent or reckless leading directly or indirectly to the demise.

• Damages: Courts determine compensation on various factors including lost earnings, mental anguish suffered by survivors, medical expenses incurred before death among others.

Understanding liability is equally important. Every situation varies and this can influence who exactly legally carries the fault for causing wrongful death; It could be an individual like drunk drivers but it also extends to corporations or government entities failing providing safe infrastructure – proving once again every case has its unique intricacies which need expertise navigating through.

Although no amount of monetary award can erase your loss, they do offer some financial relief helping you honor your loved one’s memory without worry of overwhelming bills not forgetting aiding in healing broken hearts left behind.

At Carlson Bier, our dedicated and skilled attorneys will guide you every step through this complex process ensuring fairness prevails.Your fight becomes our own fight deeming victory only after achieving best possible outcome for clients honoring us trust with such delicate matters.

Providing personalized attention to each case, our professional attorneys allocate the necessary time and resources to extensively research every aspect of your situation. We understand how invaluable human life is and believe in advocating for right values even when faced with daunting odds. Clients patronizing us appreciate this dedication – shinning through testimonials asides courtroom triumphs we unflinchingly make enemies with those prying on vulnerabilities caused by such incidents.

During the initial phase after losing a loved one unexpectedly, you may be grappling with many questions: Who’s responsible? Can I hold them accountable? How can I cover financial ramifications trailing behind their departure? While it is hard enough managing grief left behind, Carlson Bier promises easing these burdens heading into battles on your behalf – armed robustly legally so that justice gets served without further pain inflicted upon you.

Trust us to assertively represent your interests compelling responsible parties or insurance companies settling claims justifiably. Our lawyers’ commitment reflects throughout consultations till concluding proceedings – demonstrating excellence through careers spent sharpening skills towards perfect knowledge pertaining personal injury law including Wrongful Death nuances.

To know more about potential entitlements under Illinois’ wrongful death act, simply click the button below which leads you towards an easy-to-use tool valuating circumstances surrounding your specific case instantly providing estimated worth giving an idea of what a legal pursuit might entail. We at Carlson Bier function believing everyone deserves understanding absolute facts before taking decisions impacting lives directly – hence engage highlighting complete transparency during interactions helping build stronger relationships clients cherish choosing as law guardians always prioritizing their welfare over anything else.

At Carlson Bier, we don’t merely provide legal services; we extend support forming lifelong partnerships navigating jointly through dark times opting for paths ensuring light prevails eventually bringing out shadows from deepest pain – creating farewells worthy cherishing forever honoring legacies lost suddenly making sure life goes on abetted aptly via capable hands entrusted walking together along lonely roads until destinations get reached shouldering responsibilities arising as aftermaths allowing clients healing peacefully embodying the spirit revived post sorrow – unbroken, unaffected holding heads high towards shining futures.

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Your Success Is Our Success

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 Westchester

Areas of Practice in Westchester

Cycling Crashes

Proficient in legal assistance for victims injured in bicycle accidents due to others's lack of care or dangerous conditions.

Flame Wounds

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

Hospital Carelessness

Extending dedicated legal representation for victims affected by hospital malpractice, including medication mistakes.

Commodities Accountability

Dealing with cases involving defective products, offering expert legal assistance to consumers affected by harmful products.

Nursing Home Mistreatment

Defending the rights of the elderly who have been subjected to mistreatment in nursing homes environments, ensuring fairness.

Slip & Stumble Mishaps

Expert in tackling slip and fall accident cases, providing legal services to individuals seeking restitution for their injuries.

Newborn Harms

Offering legal guidance for households affected by medical negligence resulting in neonatal injuries.

Auto Accidents

Incidents: Committed to assisting clients of car accidents gain fair settlement for harms and impairment.

Scooter Collisions

Committed to providing representation for riders involved in motorbike accidents, ensuring rightful claims for traumas.

Semi Collision

Extending experienced legal assistance for clients involved in lorry accidents, focusing on securing just claims for hurts.

Construction Crashes

Committed to supporting workmen or bystanders injured in construction site accidents due to safety violations or negligence.

Cerebral Damages

Dedicated to ensuring compassionate legal advice for patients suffering from brain injuries due to misconduct.

Dog Attack Injuries

Proficient in dealing with cases for individuals who have suffered injuries from canine attacks or beast attacks.

Jogger Crashes

Focused on legal assistance for walkers involved in accidents, providing professional services for recovering damages.

Unfair Loss

Striving for bereaved affected by a wrongful death, extending understanding and expert legal support to ensure restitution.

Vertebral Trauma

Specializing in defending individuals with backbone trauma, offering compassionate legal representation to secure compensation.

Contact Us Today if you need a Person Injury Lawyer