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Wrongful Death Attorney in Willowbrook

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When tragedy strikes in the form of a wrongful death, securing the best legal representation is critical. At Carlson Bier, we specialize in Wrongful Death cases, drawing on our vast knowledge and successful track record to help you seek justice for your lost loved one. Our expert team of attorneys focuses keenly on every case detail; this meticulous approach has secured millions in settlements and verdicts previously for grieving families. Regardless where you reside—be it Willowbrook or elsewhere—the relentless pursuit of justice by our dedicated attorneys remains undaunted. By choosing Carlson Bier as your counsel, indomitable advocacy becomes accessible right from where you are based. Understanding that no amount can truly compensate for such profound loss—we fight aggressively to ensure families secure maximum financial restitution they deserve under Illinois law amidst their ordeal’s prevailing difficulties. Distinguished across Illinois as the authority on Wrongful Death claims: Choose wisdom; choose experience; choose empathy–choose Carlson Bier.

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About Carlson Bier

Wrongful Death Lawyers in Willowbrook Illinois

At Carlson Bier, we are a prominent personal injury attorney group with deep roots in Illinois. Our primary goal is to underscore the subtle complexities of wrongful death cases whilst delivering unmatched service and impeccable advice. Our comprehensive understanding of wrongful death cements our position as a formidable ally when it comes to seeking justice for your loved ones.

Wrongful Death Defined: Wrongful Death pertains to circumstances where a person’s negligence or deliberate harmful action results in another person’s demise. Importantly, the term “wrongful” indicates that these deaths could have been avoided if not for the reckless actions of another individual or entity.

Significant Aspects of the Wrongful Death Act: The State of Illinois has defined certain aspects within the Wrongful Death Act that need careful attention:

• Eligibility to file claims: An immediate member from the deceased’s family – spouse, adult children, or parents (if decedent is a minor), can typically file claims.

• Statute of limitations: Normally, a lawsuit must be filed within one or two years from the death event.

• Damage caps: While there isn’t any limit on economic damages e.g., medical bills & lost wages – non-economic damages for grief and sorrow are subjective, based upon court discretion.

Our experienced attorneys at Carlson Bier realize every case harbors unique challenges deserving specialized attention. We meticulously work towards furnishing compelling legal arguments supported by robust evidence gathered during investigations with claims encompassing both pecuniary losses and personal effects on survivors.

How Filings Work: A complaint initiates filing for wrongful death outlining allegations making it cognizable against individuals/entities responsible. It includes indispensable components such as liability establishment through distinct theories like negligence or product liability; specifics about conduct leading to wrongful death; identification of each survivor affected by this loss coupled with their relationship details regarding decedents; precise breakdown of incurred damages enabling quantification relating to monetary compensation sought.

Why Choose Carlson Bier? Despite Illinois being saturated with personal injury lawyers, we hold distinctive persuasion over others because:

• Our personalized approach injects humanity into your legal battle equating it more than just a case number.

• Unrelenting perseverance that leaves no stone unturned to arm you with the strongest possible representation.

• Legal prowess brewed from years of collective experience claiming rightful compensation for our clients.

The Repercussions of Inaction: Failure to file within established time limits can relinquish rights to ever pursue claims against defendant(s). Consequently, immediate action serves as essential preliminary steps towards eventually awarded compensations. Even if substantial time has elapsed since the fatal event, consulting our seasoned attorneys can offer resourceful solutions working around ostensible lost opportunities.

You’ve already encountered unimaginable catastrophe; don’t now second guess your rights seeking deserved justice and restitution. Click on the button below right away – let’s value-calibrate your claim assisting you maneuver complicated wrongful death laws capably till reaching satisfactory resolution. At Carlson Bier, you’re not alone in this uphill climb – your fight is intrinsically woven into proving our commitment towards dispensing superior advocacy for victims galore giving much-needed closure facilitating lifelong healing journeys ahead. We stand firmly by your side supporting during this testing legal transition phase serving ceaselessly as anchor amidst turbulent times faced post-tragic loss experienced due to any unfortunate wrongful death upon dear ones.

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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 Willowbrook

Areas of Practice in Willowbrook

Bicycle Collisions

Expert in legal advocacy for individuals injured in bicycle accidents due to others's indifference or unsafe conditions.

Thermal Damages

Supplying specialist legal advice for patients of severe burn injuries caused by events or recklessness.

Clinical Carelessness

Delivering professional legal representation for patients affected by healthcare malpractice, including negligent care.

Commodities Responsibility

Dealing with cases involving problematic products, supplying specialist legal help to individuals affected by defective items.

Senior Abuse

Supporting the rights of aged individuals who have been subjected to misconduct in senior centers environments, ensuring compensation.

Slip and Slip Injuries

Adept in tackling fall and trip accident cases, providing legal services to persons seeking compensation for their harm.

Childbirth Harms

Extending legal help for families affected by medical negligence resulting in birth injuries.

Car Accidents

Collisions: Dedicated to assisting sufferers of car accidents get equitable recompense for wounds and impairment.

Two-Wheeler Crashes

Expert in providing legal advice for victims involved in bike accidents, ensuring justice for traumas.

Big Rig Crash

Offering professional legal services for individuals involved in big rig accidents, focusing on securing fair recompense for damages.

Building Site Mishaps

Dedicated to advocating for laborers or bystanders injured in construction site accidents due to negligence or irresponsibility.

Brain Traumas

Committed to offering compassionate legal advice for patients suffering from cerebral injuries due to accidents.

Dog Bite Harms

Proficient in handling cases for persons who have suffered injuries from dog attacks or wildlife encounters.

Jogger Collisions

Specializing in legal assistance for joggers involved in accidents, providing effective representation for recovering recovery.

Unfair Demise

Striving for families affected by a wrongful death, extending empathetic and professional legal services to ensure fairness.

Spinal Cord Injury

Expert in representing clients with vertebral damage, offering dedicated legal guidance to secure recovery.

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312-313-2440