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Wrongful Death Attorney in Yorkville

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When dealing with the painful reality of wrongful death, turn to Carlson Bier for experienced, compassionate guidance. Within your grief-stricken moments in Yorkville, we offer a strong backbone of legal support to navigate the intricate processes involved. Our firm’s primary concern is mitigating further distress and securing rightful compensation. As seasoned Wrongful Death attorneys, our team carries an immaculate record of successful settlements; testament to our unyielding commitment and laudable litigation skills.

The prowess demonstrated by Carlson Bier attorneys extend beyond theoretical knowledge; resilience in face of various legal conundrums sets us apart as a viable consideration for those seeking justice within this challenging area of law.

We understand that no financial ruling can fill the void left by loss but helping you obtain fair restitution eases the burden slightly allowing you time for healing. Our passion lies in fighting relentlessly until closure is reached monetarily at least.

Trust Carlson Bier, not just as your Wrongful Death lawyer group but also as empathetic partners during such tragic times – every step taken judicially will be reassurance laden through professional candor and empathy.

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About Carlson Bier

Wrongful Death Lawyers in Yorkville Illinois

At Carlson Bier, we understand the deep pain and emotional distress a sudden death brings to surviving family members. Navigating through this difficult time can be overwhelming, particularly when the loss is due to another person’s negligence or intentional conduct. In such situations, it becomes imperative for survivors to fight for justice on behalf of their loved one. This is where our expertise in Wrongful Death law comes into play.

Wrongful Death in Illinois refers to a situation where an individual loses his life due to someone else’s negligence, carelessness, reckless behavior, or deliberate action. Litigations surrounding wrongful death are often complex as they involve extensive investigation and may require expert witness testimony on various aspects including medical practices and damage assessment.

There are key components necessary for a Wrongful Death claim:

– Proof of death

– Evidence demonstrating that negligence by an entity directly contributed to the cause of death.

– The presence of surviving dependents or beneficiaries who have sustained financial harm due to the demise.

By incorporating meticulous investigative techniques backed by years of personal injury law practice, we at Carlson Bier help build strong cases evidencing these tragically preventable losses.

An important aspect that sets Illinois wrongful death cases apart from those in other states lies within the Statute of Limitations for filing such cases. Relatives have up to two years from the date of death or discovery related to potential causes linked with wrongful circumstances leading up-to their beloved one’s untimely departure. This timeline reinforces why early consultation with legal counsel is paramount for preserving rights available under Illinois Law.

Compensation in Wrongful Death claims includes damages like:

– Medical costs associated with final illness/injury

– Funeral and burial expenses

– Loss of future income and benefits

– Loss of inheritance caused by premature death

These represent more easily quantifiable losses. However, other impacts hit harder – taking shape as love, companionship missing from lives haunted by illegitimate loss’. We at Carlson Bier, aim in securing multifaceted compensation to help survivors deal with both realms of such disheartening losses.

However daunting and intricate these steps may appear, the caring consultants at Carlson Bier possess the competence and experience necessary to simplify them for your understanding. Our team stands ready to explain each phase clearly while thoroughly detailing available options that pave the path towards justice. We work relentlessly to ensure that clients get rightful retribution by diligently crafting strategies best suited for building strong, evidence-based claims.

We comprehend that no financial amount won can adequately counterbalance loss inflicted by wrongful death experiences. Nevertheless, obtaining monetary assistance is crucial for providing financial stability amidst such testing times. Hence our legal crusaders stop at nothing when accomplishing optimal reach-outs constituting full possible entitlements under Illinois law.

If you or someone you care about has been through such distressing circumstances – a tragedy warranting Wrongful Death claim; we invite you to learn how the expert team at Carlson Bier can support your journey towards justice. By clicking on the button below, you shall gain insight into what potential redemption rights your case might hold value to you. Let us assist clarifying doubts clouding possibility estimates specifically tailored according to your unique situation – helping you make informed decisions in your quest for justice.

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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 Yorkville

Areas of Practice in Yorkville

Cycling Crashes

Expert in legal services for people injured in bicycle accidents due to others' indifference or risky conditions.

Fire Wounds

Supplying specialist legal help for individuals of intense burn injuries caused by mishaps or carelessness.

Healthcare Misconduct

Extending specialist legal support for individuals affected by physician malpractice, including medication mistakes.

Items Accountability

Managing cases involving unsafe products, providing professional legal help to clients affected by product-related injuries.

Aged Mistreatment

Advocating for the rights of aged individuals who have been subjected to neglect in nursing homes environments, ensuring fairness.

Slip and Slip Injuries

Professional in managing stumble accident cases, providing legal support to individuals seeking recovery for their losses.

Newborn Wounds

Delivering legal assistance for loved ones affected by medical carelessness resulting in infant injuries.

Car Mishaps

Mishaps: Concentrated on assisting victims of car accidents obtain just recompense for hurts and harm.

Motorbike Incidents

Focused on providing representation for bikers involved in motorcycle accidents, ensuring justice for damages.

Truck Mishap

Ensuring professional legal services for persons involved in semi accidents, focusing on securing adequate claims for hurts.

Construction Site Accidents

Dedicated to representing workers or bystanders injured in construction site accidents due to carelessness or recklessness.

Cerebral Injuries

Dedicated to providing specialized legal advice for individuals suffering from head injuries due to carelessness.

Dog Attack Injuries

Expertise in tackling cases for people who have suffered harms from canine attacks or creature assaults.

Cross-walker Accidents

Expert in legal assistance for pedestrians involved in accidents, providing professional services for recovering claims.

Wrongful Passing

Working for bereaved affected by a wrongful death, delivering sensitive and experienced legal support to ensure restitution.

Spinal Cord Impairment

Focused on assisting individuals with spinal cord injuries, offering compassionate legal assistance to secure compensation.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440