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Wrongful Death Attorney in Westfield

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About Carlson Bier Associates

When coping with loss due to wrongful death, you deserve the unwavering support and accolade expertise of Carlson Bier. Esteemed nationwide for our unwavering commitment to justice, Carlson Bier specializes in giving victims the compensation they deserve by meticulously examining every detail of your case. While many law firms cover a broad array of legal areas, our acute focus is on personal injury and wrongful death cases which ensures we can provide elite-level care for each client we represent in Westfield. We tirelessly fight against injustice while displaying compassion towards those whom we serve making us an ideal choice when seeking representation after suffering such immense tragedy as wrongful death. Trusting us equates to ensuring that no stone remains unturned- from corresponding insurance claims issues and procedural details to courtroom strategies; everything is handled-dutifully in the quest for justice serving you best in these grievous situations. Choose Carlson Bier if pursuing a worthy defense against those responsible -get it served just right like Westfield families who chose before you did.’

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Westfield Illinois

In your trying time of loss and confusion, the team at Carlson Bier stands in dogged pursuit of justice on your behalf. With expertise firmly rooted in Illinois legislation, we represent families who have lost a beloved member due to wrongful death cases across this great state. A wrongful death occurs when someone loses their life due to the negligent acts or omissions of another party.

Our rich understanding of personal injury law underpins each case that we take on. We are knowledgeable about the intricacies tied to these complex subjects such as financial damages calculation, proof required for establishing liability, dealing with insurance companies, and many more facets embedded in such cases. It is worthwhile noting several critical points concerning wrongful death:

– Responsibility: The surviving family members – spouse, children or parents – could be eligible for monetary compensation if they can establish that their loved one’s demise was caused directly by another person’s negligence or intentional harm.

– Evidence: Proving liability means displaying beyond reasonable doubt that negligence from another party led to the said death. Concrete evidence increases chances of making successful claims.

– Statute of Limitations: In Illinois, you have two years from the date of your loved one’s passing within which to initiate a lawsuit claiming for wrongful death.

– Damages Received: Should you win your claim, compensatory damages received may include expenses concerning medical treatments before demise (if any), funeral costs incurred, future earnings lost due to premature death, emotional distress suffered by survivors among other plausible losses.

At Carlson Bier our aim is not solely winning your case but also securing appropriate compensation necessary as you navigate through these challenging life moments. Our expert team handles each case meticulously yet empathetically—recognizing suffering experienced and offering legal mechanisms which help alleviate the pain where possible.

Importantly too is why you should choose us – what sets us apart? As seasoned attorneys specializing in personal injury law suits we offer several unrivaled advantages:

• Deep Experience: Over the combined years of practising law, we have gained substantial wisdom about personal injury lawsuits that enables us put up formidable cases on behalf of our clients.

• Comprehensive Support: We work closely with each client right from case inception through trail or settlement providing full support throughout the entire litigation process.

• No Win – No Fee Commitment: If we don’t secure victory in your lawsuit, you owe us absolutely nothing. Our main goal is seeking justice and obtaining reparation for you and this reflects our unflinching commitment to every case we undertake.

Navigating the challenging path of a wrongful death claim can be daunting. Indeed, while attempting to cope with an immeasurable loss, dealing with legal technicalities might feel quite overwhelming. This is where Carlson Bier steps into handle these complexities – sifting through policy coverages, contacting experts imperative for building your case or negotiating assertively with insurance companies.

Your loss cannot be equated but justice must indeed speak amidst sorrowful silence. Carlson Bier remains committed in assisting families across Illinois navigate their rights and seek judicial reprieve when they are thrust into such heartbreaking circumstances by fate. You do not need to walk alone; let seasoned expertise cushion your journey as you come to terms with life’s unpredictable turns.

Want to know if your wrongful death claim virtually holds water? Undecided whether it’s worth pursuing a lawsuit given its intricacies? Uncertain about what kind of compensation could realistically possibly accrue should you win your claim? Allow us at Carlson Bier assuage these uncertainties – click on the button below to evaluate what your case could precisely be worth guided by years of discerning practice within Illinois borders.

Find Out How Much Your Case is Worth
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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 Westfield

Areas of Practice in Westfield

Pedal Cycle Crashes

Dedicated to legal advocacy for victims injured in bicycle accidents due to others's indifference or hazardous conditions.

Scald Injuries

Supplying expert legal assistance for individuals of major burn injuries caused by accidents or negligence.

Medical Incompetence

Delivering experienced legal assistance for individuals affected by healthcare malpractice, including misdiagnosis.

Merchandise Responsibility

Managing cases involving dangerous products, delivering expert legal services to consumers affected by product malfunctions.

Elder Neglect

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

Slip and Slip Occurrences

Professional in managing slip and fall accident cases, providing legal services to victims seeking justice for their injuries.

Newborn Traumas

Supplying legal help for loved ones affected by medical incompetence resulting in neonatal injuries.

Vehicle Crashes

Mishaps: Focused on supporting individuals of car accidents gain equitable compensation for wounds and harm.

Bike Collisions

Committed to providing legal services for bikers involved in motorbike accidents, ensuring rightful claims for injuries.

Big Rig Mishap

Delivering experienced legal assistance for victims involved in truck accidents, focusing on securing just settlement for damages.

Construction Site Collisions

Committed to representing workmen or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Neurological Traumas

Committed to delivering dedicated legal representation for persons suffering from brain injuries due to negligence.

Canine Attack Damages

Specialized in dealing with cases for individuals who have suffered damages from dog attacks or animal assaults.

Foot-traveler Crashes

Dedicated to legal assistance for walkers involved in accidents, providing expert advice for recovering restitution.

Unfair Loss

Striving for bereaved affected by a wrongful death, supplying compassionate and skilled legal support to ensure justice.

Spinal Cord Trauma

Expert in supporting individuals with backbone trauma, offering expert legal assistance to secure justice.

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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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