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Wrongful Death Attorney in Volo

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Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

In the emotionally raw aftermath of losing a loved one, taking legal steps can be daunting. Trust in Carlson Bier to stand by your side with experience and empathy. We’re an Illinois-based personal injury law firm specializing in Wrongful Death cases. We understand that no compensation can make up for your loss, yet it is vital to bring justice and ease financial burdens incurred during such tragic circumstances. As experienced Wrongful Death attorneys, we are dedicated to holding those responsible accountable for their actions while striving to ensure fair compensation reflecting the entirety of consequences due to this loss—from medical costs and burial expenses through lost earnings potential and emotional anguish endured by survivors. While our talent shines across multiple jurisdictions within Illinois, Volo holds significance in the cases we handle because thorough pursuit of fairness requires tracking every connection-point towards justice wherever they may lead us; honoring your trust means leaving no stone unturned—whether tangible or intangible—inasmuch as evidence or witness information even leads beyond familiar territories exposure might reveal.

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About Carlson Bier

Wrongful Death Lawyers in Volo Illinois

Carlson Bier, an esteemed Illinois-based Personal Injury law firm, specializes in representing families who have suffered the tragic loss of a beloved family member due to the reckless or negligent actions of another party. In law terminology, this is referred to as “Wrongful Death”. Understanding what wrongful death entails can empower individuals and their families with knowledge that extends comfort during devastating times.

A wrongful death claim may arise from numerous incidents such as medical malpractice, car accidents caused by intoxicated drivers or faulty automotive parts, pedestrian accidents linked to distracted driving, construction site mishaps where safety regulations were violated and product liabilities where manufacturers fail to warn consumers about potential dangers.

Our highly experienced personal injury attorneys are deeply committed to helping clients navigate through the complexities of these cases while upholding their rights every step of the way. Here’s what you need to know:

• Wrongful death claim validity: For a wrongful death claim to be considered valid in Illinois state court, it must meet certain criteria. The victim’s death should have been caused directly or indirectly by another individual’s negligence or intentional harm.

• Period for filing a lawsuit: The illinois statute-of-limitations demands that the lawsuit be filed within two years from the date of the deceased person’s passing.

• Who can file? Typically, if no spouse survives then children can file a wrongful claim. Siblings may also have this right provided they fall under specific eligibility clauses.

At Carlson Bier our legal expertise in wrongful death encompasses not just comprehensive understanding of state laws but equally profound familiarity with insurance companies’ functioning patterns. Firms often undervalue claims making it even more difficult for suffering families; rest assured we do everything possible including partnering with economists and financial analysts ensuring rightful compensation is obtained on your behalf.

Inarriably these claims tend to encompass damages like funeral costs and loss of future earnings- things that need intricate examination so as not leave any aspect unnaccounted for. Remember, working with an attorney who has a traceable track record in wrongful death cases can have substantial influences on the outcome. You certainly wouldn’t want to navigate this traumatic event alone; and neither do we wish that upon you.

Some highlights:

• Expert representation: Our well-seasoned lawyers ensure personalized legal assistance focusing on delivering justice and providing closure.

• No upfront fees: If you choose Carlson Bier, there are no upfront costs or hidden fees. We offer free case evaluations and only take a fee if we win your case.

Witnessing the loss of a loved one due to another’s negligence is heartbreaking, and pursuing reparation can seem daunting during such crushing times. Yet it’s crucial to be aware that allowing too much time to pass may potentially harm prospects of securing compensation-which sadly may place additional pressure upon already traumatised families.

Remember, Carlson Bier is here to provide the empathy, support, guidance and expertise required in these difficult moments when seeking solace in justice becomes indispensable.

To better understand your claim’s potential value or determine how Illinois state laws may apply specifically to it – as those differ from other states’ – click on the button below which will help you find out what your case could be worth. With us at your side, helping our clients through their most difficult trials isn’t just our profession but also our mission – because every life matters; so does justice served right for each wrongful death occurred.

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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 Volo

Areas of Practice in Volo

Bike Incidents

Specializing in legal services for clients injured in bicycle accidents due to others' recklessness or risky conditions.

Scald Damages

Extending adept legal help for sufferers of severe burn injuries caused by accidents or negligence.

Clinical Malpractice

Providing dedicated legal representation for individuals affected by clinical malpractice, including misdiagnosis.

Products Accountability

Taking on cases involving defective products, supplying specialist legal guidance to victims affected by harmful products.

Geriatric Mistreatment

Supporting the rights of nursing home residents who have been subjected to mistreatment in nursing homes environments, ensuring protection.

Trip and Tumble Injuries

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

Newborn Harms

Offering legal assistance for families affected by medical misconduct resulting in childbirth injuries.

Automobile Incidents

Collisions: Focused on aiding individuals of car accidents get appropriate settlement for damages and impairment.

Motorcycle Collisions

Focused on providing legal assistance for motorcyclists involved in motorcycle accidents, ensuring adequate recompense for traumas.

Big Rig Crash

Ensuring professional legal representation for individuals involved in truck accidents, focusing on securing fair settlement for damages.

Worksite Incidents

Focused on assisting workers or bystanders injured in construction site accidents due to negligence or negligence.

Brain Harms

Specializing in delivering expert legal services for patients suffering from cognitive injuries due to misconduct.

Canine Attack Harms

Adept at handling cases for victims who have suffered damages from dog attacks or creature assaults.

Pedestrian Crashes

Specializing in legal assistance for cross-walkers involved in accidents, providing dedicated assistance for recovering compensation.

Unfair Fatality

Striving for families affected by a wrongful death, offering sensitive and skilled legal services to ensure compensation.

Spinal Cord Trauma

Committed to advocating for persons with paralysis, offering specialized legal assistance to secure compensation.

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