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Wrongful Death Attorney in Westmont

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About Carlson Bier Associates

When you’re coping with the unfortunate reality of a wrongful death, it’s imperative to choose a dedicated advocate who understands these complicated legal matters. Rely on the seasoned expertise of Carlson Bier, an esteemed personal injury law firm that supports those facing such complex situations in Westmont and beyond. Our comprehensive focus on wrongful death cases ensures we can effectively guide you through this distressing time – working relentlessly to secure justice for your loved one. We possess an impressive track record marked by favorable verdicts and settlements; testament to our commitment towards every case we handle. Each lawsuit is different but rest assured knowing that team Carlson Bier will leave no stone unturned when deciphering facts and strategizing for the most optimal result within Illinois laws’ confines. Choose us not merely because we don’t count successes but create them: opt for quality representation that prioritizes your concerns above all else — choose Carlson Bier, rightfully regarded as an excellent consideration amongst local residents seeking a capable wrongful death attorney service.

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Westmont Illinois

At Carlson Bier, we have a dedicated team of experienced personal injury attorneys who are highly skilled in representing victims and their families in wrongful death cases. While nothing can compelly fill the void left by the loss of a loved one, filing a rightful claim may bring to you some form of monetary relief, as well as justice for your loved one.

Victims’ families endure emotional suffering from wrongful death situations, which is why legal action often becomes crucial. When another person’s negligence or deliberate actions result in someone’s premature fatality, it falls under wrongful death law. These matters are complex and having our qualified personal injury lawyers represent your interests ensures that every facet of your case gets its deserved attention.

In addition to this high level representation, at Carlson Bier, we also believe strongly in educating individuals on key aspects involved when dealing with beneficial recovery after a tragic loss inflicted by an unforeseen accident.

• Proof Liability: Paramount to any Wrongful Death Claim is proving that another party acted negligently or unlawfully leading to the untimely demise.

• Criminal vs Civil: While sometimes criminal proceedings may be involved simultaneously, Wrongful Death lawsuits function within the Civil Law system aiming towards monetary compensation rather than punitive sentences.

• Monetary Damages: This consists of several factors including medical bills prior to death, funeral costs along with future earnings potential – essentially calculating both economic and non-economic losses borne by the family.

We understand how confusing claims procedures can be so let us alleviate your stress while also informing you about Privacy Laws within Illinois to assure you that all information shared with us remain completely confidential.

Moreover recognizing each situation’s uniqueness even within damages award as evidence provided needs balance between tangible (financial losses) against intangible factors (emotional turmoil). Sensitivity along with thorough grounding over technical requirements makes our seasoned attorneys exceptionally equipped ensuring maximized value in difficult times. Each state maintains different regulations concerning time limits (‘statute of limitations’) within which wrongful death claims must be entered. For Illinois, this period is generally two years from an individual’s death ruling out chances delayed litigation.

Our commitment to achieving substantial justice for our clients sets us apart in the legal realm. We understand that no amount of financial compensation can make up for the loss of a loved one and we respect your grieving process. Our approach is compassionate yet assertive; ensuring you get justice without going through additional emotional stress.

At Carlson Bier, while law defines our profession, empathy guides us. Trusting difficult experiences with someone isn’t easy; rest assured it’s upheld utmost seriousness here. As a valued client, we will walk you through each step of the process, making sure every query gets adequately addressed prioritizing clarity over complexity upfront not leaving open ends relinquishing outsized peace returns compared to investment demanded.

In times where consultation fees might appear burdensome, important mentioning our policy functions differently – there’s no upfront fee until claim successfully settles assuring balance between service quality vs affordability dilemmas often posed by capital intensive tasks like Oscillating switches becomes easier with professional expertise guidance at disposal arguably representing winning edge today’s arbitration world so heavily dominated information asymmetry leading notoriously exuberant prices again exhibiting trust’s importance nurturing loyal patronage base developed organically concerted dedication rooted humility passion.

Operating under principles concurrent towards advocating maximum pecuniary reparation Carlson Bier unequivocally represents integrity sincerity delivering what promised post engagement process fairness remains omnipresent decision guiding lens reducing conflicts futuristic uncertain possibilities significantly foresee targeted outcome effortlessly thru tested robust timeproof models streamlined workflows smoothly moving forward centralized vision rigorously fostering holistic contributions enroute human enrichment essentially pinnacle reimagined exponential growth trajectories carefully balanced sustainability goals fostering realistic infinitely perpetual scaling sevenfold transformational value creation long run rewarded positive marked improvements living standards tremendously uplifting individuals apparent near bought joy equanimity potentially lifetime unfulfilled aspirations set free underlying immense potentialities inherently exist.

Your loss is intangibly immense, but knowing your options can offer some peace amidst the disruption. The surrounding legal course must become clear and coherent in your path forward. We are here to escort you through that ambiguity into a lessened burden of uncertainty to lessen the aftereffects of your tragedy. Click below button now, let us help calculate and recover the full value of what has been lost in your wrongful death claim.

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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 Westmont

Areas of Practice in Westmont

Bike Accidents

Dedicated to legal assistance for people injured in bicycle accidents due to others' lack of care or unsafe conditions.

Scald Injuries

Extending expert legal help for sufferers of serious burn injuries caused by accidents or misconduct.

Healthcare Negligence

Delivering professional legal assistance for victims affected by healthcare malpractice, including negligent care.

Commodities Obligation

Dealing with cases involving faulty products, providing adept legal assistance to clients affected by harmful products.

Geriatric Malpractice

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

Trip & Stumble Occurrences

Professional in handling fall and trip accident cases, providing legal advice to clients seeking recovery for their damages.

Birth Wounds

Delivering legal support for kin affected by medical negligence resulting in newborn injuries.

Auto Incidents

Accidents: Committed to guiding patients of car accidents receive fair compensation for injuries and destruction.

Scooter Accidents

Committed to providing representation for riders involved in scooter accidents, ensuring justice for injuries.

Semi Collision

Extending specialist legal representation for drivers involved in lorry accidents, focusing on securing just settlement for losses.

Construction Collisions

Concentrated on advocating for employees or bystanders injured in construction site accidents due to negligence or recklessness.

Neurological Damages

Dedicated to delivering compassionate legal representation for victims suffering from cerebral injuries due to misconduct.

Canine Attack Damages

Specialized in addressing cases for persons who have suffered wounds from K9 assaults or animal attacks.

Jogger Accidents

Specializing in legal advocacy for foot-travelers involved in accidents, providing effective representation for recovering damages.

Undeserved Demise

Standing up for grieving parties affected by a wrongful death, offering understanding and professional legal representation to ensure fairness.

Backbone Damage

Specializing in supporting patients with spine impairments, offering expert legal assistance 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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