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Wrongful Death Attorney in Saint Joseph

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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

If you’re in Saint Joseph and coping with the devastating aftermath of a wrongful death, it’s crucial to have an experienced, compassionate legal ally on your side. Trust Carlson Bier – one of the top personal injury lawyer firms in Illinois. Our expertise lies primarily within wrongful death litigation- we champion our clients’ rights relentlessly until justice is served. We deal meticulously with each case’s unique complexities, ensuring maximum monetary recovery for loved ones left behind. Our proven track record speaks volumes about our dedication and competence; navigating successfully through countless wrongful death cases leaves us uniquely equipped to handle yours effectively.

Carlson Bier doesn’t rest until accountability is achieved as we understand that no compensation can fill the void created by your loss but can definitely help ease financial stressors associated from funerary expenses or lost income streams resulting from such tragedies.

Choosing Carlson Bier signifies assigning utmost priority, care and tenacity towards your cause because here at Carlson Bier, every client matters profoundly; every case deserves its due diligence backed by professional prowess ensuring peace of mind throughout this challenging time.

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About Carlson Bier

Wrongful Death Lawyers in Saint Joseph Illinois

When an individual’s life is tragically cut short due to the negligence or misconduct of another, it results in a profound sense of loss. This intersection of grief and justice is precisely where Carlson Bier comes into play. For years, we have served as a stalwart defender for families across Illinois who have endured the unthinkable – the wrongful death of a loved one.

Wrongful death refers to any situation wherein one party’s negligent actions directly contributed to another person’s untimely demise. Common scenarios include medical malpractice, automobile accidents, workplace incidents, defective products and reckless conduct among others. While no amount of compensation can ever replace your loved one, filing a claim serves dual purposes: safeguarding future economic stability for surviving dependents and holding accountable those responsible for their actions.

Key aspects worth noting about wrongful death claims are:

• Available Damages: The financial pressure following such tragic incidents can be massive; hospital bills, funeral expenses, lost revenue from deceased’s work – these are some damages available in wrongful death cases.

• Statute of Limitations: In Illinois, the law requires that a wrongful death claim must be submitted within two years of the date passing. Any delay beyond that risks losing potential damage recovery rights.

• Proving Negligence or Fault: To win over these cases requires establishing beyond reasonable doubt that the responsible party’s negligence resulted in decease’s premature demise.

With our vast expertise at Carlson Bier serving as scaffolding beneath you during such turbulent times, you’ll find our unwavering commitment not just comforting but also empowering in obtaining rightful justice.

Handling a wrongful death lawsuit is challenging on both legal fronts and emotional dynamics involved. We compassionately lend ears to your story while being ruthlessly persistent against those manning opposing aisles. Our experience has taught us when gentle communication will yield results and when assertiveness becomes key toward nudging things forward towards resolution.

At Carlson Bier though personal touch to our handling does not mean we compromise on sharpness of our legal acumen. Our team comprises of seasoned personal injury attorneys with proven track record in Illinois, meticulously examining each case’s unique aspects and building a strategy to best maximize potential damage recoveries.

Over the years, we’ve distinguished ourselves as the shield protecting victims’ rights while holding culprits accountable for their actions. We know these are emotionally wrenching times; having to relive those moments while filing claims can be taxing. Thus, allowing us to shoulder some of your burdens provides you space required for collective healing.

We take immense gratification in the work we do at Carlson Bier, from enabling closure for grieving families through justice served or acting as deterrent for potential wrongdoers by suing them successfully making wrongful deaths lesser common occurrences.

As your crusaders beckoning justice on behalf of lost loved ones, we also believe it is fundamental for you to understand its worth should you decide pursuing litigation. As such we invite you to click on the below button which gives an approximate idea of what your case value might potentially amount too based on critical assessment by our experienced lawyers ensuring maximum rightful compensation comes your way.

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 Saint Joseph

Areas of Practice in Saint Joseph

Pedal Cycle Collisions

Focused on legal representation for individuals injured in bicycle accidents due to negligent parties' negligence or perilous conditions.

Scald Burns

Offering skilled legal help for victims of intense burn injuries caused by occurrences or recklessness.

Healthcare Malpractice

Ensuring expert legal support for patients affected by healthcare malpractice, including surgical errors.

Goods Accountability

Taking on cases involving problematic products, providing expert legal services to customers affected by faulty goods.

Senior Malpractice

Defending the rights of seniors who have been subjected to neglect in elderly care environments, ensuring compensation.

Trip and Tumble Accidents

Expert in handling fall and trip accident cases, providing legal services to clients seeking redress for their injuries.

Birth Wounds

Providing legal support for households affected by medical carelessness resulting in infant injuries.

Vehicle Incidents

Crashes: Focused on guiding individuals of car accidents secure appropriate compensation for hurts and damages.

Motorcycle Mishaps

Committed to providing legal advice for motorcyclists involved in bike accidents, ensuring rightful claims for losses.

Semi Incident

Providing experienced legal services for individuals involved in truck accidents, focusing on securing fair claims for hurts.

Construction Site Crashes

Engaged in supporting staff or bystanders injured in construction site accidents due to negligence or irresponsibility.

Cognitive Harms

Focused on delivering expert legal support for victims suffering from head injuries due to negligence.

K9 Assault Damages

Proficient in managing cases for victims who have suffered traumas from K9 assaults or creature assaults.

Pedestrian Accidents

Committed to legal advocacy for pedestrians involved in accidents, providing dedicated assistance for recovering restitution.

Unfair Loss

Fighting for bereaved affected by a wrongful death, providing understanding and skilled legal representation to ensure compensation.

Spinal Cord Impairment

Dedicated to advocating for victims with backbone trauma, offering specialized legal assistance to secure recovery.

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