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Wrongful Death Attorney in Winchester

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Choosing the right Wrongful Death attorney in the aftermath of a tragically unexpected loss can make all the difference. In such critical moments, consider turning to Carlson Bier for comprehensive guidance and legal expertise dedicated to achieving justice. With vast experience handling complexities inherent in Wrongful Death cases coupled with diligent determination, our lawyers relentlessly work towards obtaining rightful compensation for your devastating losses. While we acknowledge that no financial reparation can entirely remedy grief; equitable resolution often allows bereaved families necessary restoration during this difficult time frame.

At Carlson Bier, you’re more than just a client—your fight becomes ours too as we meticulously unravel your case. Our empathetic yet professional approach ensures representation tailored uniquely to your needs, striving ardently till justice is delivered. Ace advisement every step of your journey will be provided by distinguished lawyers having intrinsic understanding and collaborative competence for laser-focused action strategies.

Delivering committed advocacy while exhibiting utmost integrity, Carlson Bier constitutes an exemplary choice when you require dependable counsel following the unpredictable adversity of Wrongful Deaths.

In Winchester’s hour-of-need—we stand firm beside you because at Carlson Bier—it’s personal!

Meet Our Attorneys
About Carlson Bier

Wrongful Death Lawyers in Winchester Illinois

The team at Carlson Bier takes pride in defending those who have tragically lost a loved one due to the negligent, reckless, or deliberate actions of another party. As experienced personal injury attorneys based in Illinois, we are qualified to handle wrongful death cases with compassion and dedication. At its core, a ‘Wrongful Death’ occurs when an individual’s demise is triggered directly by the negligence or misconduct of another entity or person. Not limited solely to physical harm leading to fatality, it can encompass various situations including medical malpractice, work-related hazards potentializing fatal accidents, vehicular fatalities due to disregard of traffic rules and standards amongst others.

The gravity of these cases often involves navigating through intricate legal intricacies, hence necessitating expert intervention. Given our extensive experience in this field, our skilled team can guide you competently every step of the way- from gathering pertinent evidence that substantiates claims of negligence,to determining monetary compensation for losses incurred. We represent your interests aggressively yet empathetically understanding the emotional trauma accompanying such cases.

Some key considerations involved while addressing Wrongful Death claims include:

• Proof Of Negligence: The plaintiff must establish that the victim’s death was caused significantly as a result of defendant’s carelessness.

• Breach Of Duty: It has to be proven that the defendant owed a duty to ensure safety which was violated leading to fatal consequences.

• Quantification Of Damages: The quantifiable loss due settlement includes medical expenses prior demise,hospital charges funeral expenses along with other monetary implications like loss of inheritance and earnings.

Increasing damages can also extend towards less-tangible aspects like suffering caused before death (termed as ‘Survival Claims’), anguish faced by survivors – known commonly as ’Loss Of Consortium’.

Considering all elements require thorough scrutiny within a specified time frame post occurrence (statutes vary across states) underlines the vitality involving experts practiced in tackling litigious complexities – precisely what our stalwarts offer at Carlson Bier. Choosing us ensures that your case attains the compassionate yet vigorous representation it deserves amidst its legal journey.

Estimating the value of Wrongful Death cases can often be convoluted, due to emotional trauma attached and varying other elements. While nothing can compensate for the emotional loss experienced, we strive to achieve optimal monetary restitution that aids further financial security. They are usually divided into economic damages (including funeral expenses, medical costs sustained prior to death) and non-economic ones such as ‘Pain And Suffering’ endured by survivors. The value varies greatly from case-to-case making personal consultation with an experienced attorney like Carlson Bier absolutely essential.

Throughout our years of practicing law in Illinois, one thing remains unchanged: our commitment to securing justice and achieving maximum compensatory benefits accruable for those mourning a wrongful death loss. Navigating through this devastating phase requires more than just legal expertise – it necessitates empathy and understanding enabling which we unravel complex laws on your behalf seamlessly, while you focus solely on grieving, healing and rebuilding lives from the tragedy occurred.

Indeed, each situation is unique but assuredly our team arms itself with exhaustive efforts aiming towards favorable outcomes. To truly figure how much worth does your case hold; assess appropriately whether it has been affected by misconduct resulting in fatality unearth if adequate reparations claimable under skies of Wrongful Death suits – take a decisive step forward today! Tap alongside on the button below to find out how much your case is worth because every lost life paving way for such lawsuits indeed merits unparalleled justice against offenders – precisely what leading edge services at Carlson Bier envision delivering…each day-everyday tirelessly!

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 Winchester

Areas of Practice in Winchester

Bicycle Mishaps

Focused on legal services for people injured in bicycle accidents due to negligent parties' carelessness or risky conditions.

Burn Damages

Giving professional legal support for individuals of serious burn injuries caused by events or misconduct.

Physician Misconduct

Extending expert legal services for patients affected by physician malpractice, including misdiagnosis.

Goods Liability

Addressing cases involving faulty products, supplying adept legal services to victims affected by harmful products.

Geriatric Malpractice

Advocating for the rights of elders who have been subjected to abuse in nursing homes environments, ensuring fairness.

Fall and Slip Injuries

Skilled in handling stumble accident cases, providing legal services to individuals seeking restitution for their harm.

Infant Damages

Delivering legal guidance for families affected by medical malpractice resulting in newborn injuries.

Vehicle Collisions

Crashes: Focused on guiding patients of car accidents obtain equitable remuneration for harms and harm.

Motorcycle Incidents

Committed to providing legal advice for motorcyclists involved in motorcycle accidents, ensuring adequate recompense for losses.

Trucking Mishap

Ensuring specialist legal assistance for drivers involved in truck accidents, focusing on securing just recovery for damages.

Building Site Collisions

Concentrated on supporting staff or bystanders injured in construction site accidents due to oversights or recklessness.

Cognitive Traumas

Dedicated to providing specialized legal representation for clients suffering from neurological injuries due to negligence.

Canine Attack Damages

Specialized in managing cases for persons who have suffered damages from K9 assaults or animal attacks.

Foot-traveler Collisions

Dedicated to legal services for walkers involved in accidents, providing dedicated assistance for recovering recovery.

Unfair Fatality

Fighting for families affected by a wrongful death, offering understanding and adept legal services to ensure redress.

Spinal Cord Damage

Specializing in supporting victims with backbone trauma, offering dedicated 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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