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Wrongful Death Attorney in Highland Park

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

If you’ve suffered the tragedy of losing a loved one because of negligence or misconduct, Carlson Bier understands your pain and is ready to fight for justice. As a top-tier Wrongful Death law firm in Illinois, our wealth of experience equips us to handle these delicate matters with empathy, dignity and determination. Balancing sensitivity and rigor, we clarify complex processes as we advocate vehemently for your rights. Each case unfurls unique challenges that require specialized knowledge; at Carlson Bier, our seasoned attorneys have handled various wrongful death cases skillfully ensuring fair compensation for our clients’ losses: emotional anguish, loss of companionship or financial hardships caused by premature death. Our exhaustive expertise sets us apart; it underpins the creation of compelling arguments tailored around specific circumstances suiting individual needs ideally – all towards the pursuit to comfort families through legal recourse against those responsible for their unjustified grief in Highland Park’s unfortunate scenarios. In turbulent times trust Carlson Bier – professionalism blended with compassion helps recover reparation while you grieve.

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Wrongful Death Lawyers in Highland Park Illinois

At Carlson Bier, we provide expert legal representation to those who have tragically lost a loved one due to the negligence or misconduct of another party. Our team specializes in Wrongful Death lawsuits, ensuring that during such hard times, your quest for justice is carried out efficiently and compassionately. In Illinois, Wrongful Death refers to any situation where an individual’s death has been caused by wrongful act or neglect. Legal cases sought on these grounds are granted as sanctioned by a specific state law known as the “Wrongful Death Act.”

The complexities surrounding such laws make it imperative to seek help from experienced personal injury attorneys like those at Carlson Bier. We understand how devastating losing a loved one can be. Not only does this lead to emotional turmoil but grave financial difficulties may also arise due to lost wages, medical bills among several other unforeseen costs. The purpose of filing a Wrongful Death lawsuit goes beyond just seeking compensation; it’s about holding parties accountable and providing some form of closure for surviving family members.

– The victim and their relationship with the claimant: Under Illinois law, only surviving spouses and children are eligible to file for Wrongful Death claims.

– Demonstrable negligence: It needs to be proven that the defendant’s action or negligence led directly to the death.

– Economic setback: A clear narrative connecting loss incurred by dependents through funeral expenses, estate administration costs, medical bills etc., must be established in court.

FDA-approved drugs causing fatal side effects fall within these boundaries too – consequently proving liability would call in experts who can properly assess damage which our resources equip us adequately against.

Emotional distress being subjective might not necessarily result in recovery although its recognition garners certain exceptions calling upon further exploration which we’re equipped for. Various circumstances qualify for what constitutes negligent behavior – could range from distracted driving causing accidents, failure on part of product manufacturer leading up-to breach of warranty triggering harm – we meticulously study details aligning them legally.

The role of a responsible party does not necessarily have to be direct for one to file a Wrongful Death lawsuit – even third-party entities involved in the incident can be held liable based on individual case circumstances. Not everyone can file such cases; only specific close relatives – like spouses and children, have their rights protected by the Illinois Wrongful Death Act.

For Carlson Bier, guidance backed by years of experience is what sets us apart. We handle each case with empathy and dedication because we understand that no amount of monetary compensation can replace your loved one. However, our fight is aimed at ensuring those who contributed negligently towards your loss are held accountable.

Partnering with us gives you access to a foundation grounded in skill, knowledge and commitment that strives relentlessly until justice has been served. Our office fully comprehends the extent of your loss and upholds deep-rooted values anchored in respect for life thereby fueling our desire to serve faithfully. There isn’t really an ideal time-frame within which a claimant should come forward though we highly recommend earliest application as it gets increasingly difficult proving negligence over time.

Promptness combined with timely guidance often turns tables around leading to fair settlement while always being poised ready – battling out in court when necessary making sure accountability prevails bringing justice closer than ever before thereby providing some closure via legal corridors.

Our dedicated team works hand-in-hand with every client understanding intimately detailed private histories then crafting personalized strategies bursting through complexities paving way towards desired compensations. Ultimately, the decision lies in how much each life was worth monetarily; managed sensitively considering various factors mirroring deceased’s contributions alongside probable future earnings allowing courts reaching fair assessments eventually enabling won justified compensations-one step closer towards peace.

Draw on our strength and combined experience today regardless of where you are at on this journey – whether freshly grieving or long-since embittered by denied claims, there’s room for all under our umbrella. Connect with us today by clicking on the button below and let’s work together in not just assessing but increasing your case’s worth so that the scales of justice tip favorably towards you.

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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 Highland Park

Areas of Practice in Highland Park

Two-Wheeler Accidents

Expert in legal representation for clients injured in bicycle accidents due to other parties' indifference or dangerous conditions.

Thermal Injuries

Offering professional legal help for people of grave burn injuries caused by mishaps or recklessness.

Medical Negligence

Providing experienced legal representation for clients affected by physician malpractice, including negligent care.

Items Responsibility

Taking on cases involving defective products, delivering professional legal guidance to consumers affected by product malfunctions.

Elder Abuse

Representing the rights of the elderly who have been subjected to malpractice in care facilities environments, ensuring justice.

Slip & Stumble Mishaps

Expert in managing stumble accident cases, providing legal support to clients seeking redress for their damages.

Neonatal Injuries

Supplying legal support for families affected by medical carelessness resulting in childbirth injuries.

Car Incidents

Incidents: Committed to guiding clients of car accidents secure just recompense for wounds and harm.

Scooter Collisions

Focused on providing legal advice for victims involved in bike accidents, ensuring adequate recompense for traumas.

Big Rig Accident

Extending specialist legal advice for persons involved in semi accidents, focusing on securing just recovery for losses.

Worksite Collisions

Focused on representing laborers or bystanders injured in construction site accidents due to carelessness or carelessness.

Head Harms

Committed to delivering compassionate legal services for clients suffering from neurological injuries due to accidents.

K9 Assault Injuries

Specialized in managing cases for individuals who have suffered injuries from dog bites or wildlife encounters.

Cross-walker Mishaps

Expert in legal services for pedestrians involved in accidents, providing expert advice for recovering damages.

Wrongful Passing

Fighting for loved ones affected by a wrongful death, extending empathetic and adept legal support to ensure redress.

Spinal Cord Harm

Dedicated to defending persons with spine impairments, offering professional legal services to secure redress.

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Contact Us Today if you need a Person Injury Lawyer

312-313-2440