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Birth Injuries in Wheaton

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Ensuring the welfare of your child following a birth injury requires adept legal counsel. If you or your loved ones face such an unfortunate situation, consider Carlson Bier, an esteemed law firm specializing in personal injury cases. With years of experience, this Illinois-based team diligently addresses Birth Injury cases with impeccability and excels at providing personalized services for each client’s needs. Protecting Wheaton families’ rights is their priority—they will go above and beyond to ensure fair restitution for avoidable distress caused by others’ negligence during childbirth. Experts from Carlson Bier extensively understand both the medical intricacies involved in birth injuries and subsequent legal actions needed for obtaining justice. Offering comprehensive representation in court proceedings or settlement negotiations alike, they are experienced navigators through any complexities that may arise—your family does not have to struggle alone amidst these hardships! With Carlson Bier as your lawyer for birth-related personal injury matters, expect top-tier professional assistance backed by unmatched empathy—we’re unwaveringly dedicated to fighting on behalf of you and your children’s best interests successfully.

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About Carlson Bier

Birth Injuries Lawyers in Wheaton Illinois

At Carlson Bier, we recognize the profound difficulties families face when dealing with birth injuries. Our team of dedicated Illinois personal injury attorneys have extensive experience and expertise, guiding you through this challenging moment while ensuring you receive the restitution you rightly deserve.

Birth injuries can occur during labor or delivery process due to a variety of reasons and are often life-altering. When medical professionals fail to observe proper care, these often preventable incidents can cause severe and lasting harm to both mother and child. Some common types of birth injuries include:

• Brachial Plexus Injuries

• Cerebral Palsy

• Hypoxia

• Fractures

• Spinal cord damage

Our promise at Carlson Bier is to tirelessly pursue justice for affected individuals as they grapple with these adversities – physically, emotionally and financially alike.

Understanding your rights in such instances is vital, particularly in determining whether a birth injury qualifies for legal action against negligent parties. A birth injury constitutes negligence if it stemmed from improper handling by healthcare providers resulting in harm that was reasonably avoidable under usual circumstances.

Drawing on years of practicing personal injury law within the state of Illinois, our seasoned attorneys have deep-rooted knowledge in proving liability where actions (or lack thereof) deviated from standard medical protocols that caused unnecessary distress or created threats pertaining to survival post-delivery.

Moreover, navigating complex laws surrounding such conditions might seem insurmountable as surviving victims routinely endure physical therapy sessions and frequent hospital visits among other repercussions linked with recouping from tragic medical misfortune. The road may appear daunting but know that our experienced lawyers are always ready alongside you every step towards your path to recovery.

At Carlson Bier, we firmly believe no family should bear expenses stemming from lapses in prenatal care or childbirth safety protocol breaches which resultantly gave rise to premature death or enduring disabilities amongst newborns. We’ve fought vigorously on behalf of many impacted individuals over the years, ceaselessly working to see them awarded vast compensation reserve helping offset astronomical medical bills and rehabilitation costs.

So what exactly is your case worth? The answer isn’t immediate nor straightforward as it hinges on multiple variables – injury severity, tort liability & jurisdiction, relative pain and suffering associated degree alongside economic factors. However, at Carlson Bier we aim to elevate clarity over such uncertainty via a thorough case examination while methodically evaluating every potential circumstance that could enhance restitution awarded.

Placing trust in our legal expertise means choosing advocacy devoted to upholding your rights above all else. We relish at the prospect of guiding families through pursuing claims for birth injuries – whether it’s unjustified distress during childbirth or unnecessary physical or cerebral birth defects inflicted upon innocent newborns. Our team at Carlson Bier strives to eliminate added stress stemming from mounting financial woes on top of emotional turmoil, empowering you towards regaining grip over disrupted lives.

Receiving your full legal rights shouldn’t be left to chance because understanding complicated eligibility conditions should not be an additional burden amid existing tribulations pertaining to overcoming birth-related accidents. Whilst each case deservingly requires personalized attention by seasoned attorneys well versed within state statutes of limitation surrounding personal injury claims: remember that time sensitivity dictates when rightful compensation may no longer be pursued.

Specifically about Illinois personal injury laws: understand that various claim types feature distinct deadline windows albeit exceptions exist depending on individual circumstances rendering these rather flexible but we advise reaching out promptly nonetheless ensuring lawful recompense isn’t unnecessarily squandered due ahead of time consultation with our committed lawyering staff which absolutely do not imply being physically situated in Wheaton.

Take the next step today… Give us an opportunity serving as vocal advocates for securing unprejudiced justice and fighting tirelessly until you attain deserved compensation. Join countless past individuals who managed obtaining optimal kerb appeal where maximum damages recoverable were achieved seamlessly beneath experienced stewardship provided by Carlson Bier’s tenacious legal ferocity. Click on the button below and discover the real value of your case, share in our unwavering commitment to pursuing justice wholeheartedly and see firsthand why so many families choose us when demanding fairness is non-negotiable.

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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

Birth Injuries FAQ

The most common birth injuries include:

  • Cerebral palsy: This is a group of disorders that affect movement and coordination.
  • Erb’s palsy: This is a nerve injury that can cause weakness or paralysis in the arm and hand.
  • Brachial plexus palsy: This is a group of nerve injuries that can cause weakness or paralysis in the arm, shoulder, and hand.
  • Spinal cord injuries: These injuries can cause paralysis or weakness below the waist.
  • Traumatic brain injuries: These injuries can cause a variety of physical, cognitive, and emotional problems.

Birth injuries can be caused by a variety of factors, including:

  • Medical malpractice: This can include mistakes made by doctors during pregnancy, labor, or delivery.
  • Oxygen deprivation: This can occur if the baby does not get enough oxygen during pregnancy or labor.
  • Physical trauma: This can occur if the baby is injured during labor or delivery.
  • Birth defects: Some birth injuries are caused by birth defects.

The signs and symptoms of a birth injury can vary depending on the severity of the injury. However, some common signs and symptoms include:

  • Weakness or paralysis: This may be in one or more limbs.
  • Seizures
  • Breathing problems
  • Feeding problems
  • Developmental delays
  • Learning disabilities

The treatment options for birth injuries will vary depending on the severity of the injury. However, some common treatment options include:

  • Surgery
  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Medications
  • Supportive care

Yes, you may be able to file a lawsuit if your child was injured due to medical malpractice or another factor. A birth injury lawyer can help you understand your rights and options, and can represent you in court if necessary.

All Attorney Services in Wheaton

Areas of Practice in Wheaton

Two-Wheeler Accidents

Focused on legal representation for persons injured in bicycle accidents due to others' lack of care or perilous conditions.

Fire Wounds

Giving expert legal advice for people of intense burn injuries caused by accidents or carelessness.

Physician Incompetence

Providing specialist legal services for patients affected by medical malpractice, including wrong treatment.

Merchandise Obligation

Handling cases involving faulty products, offering professional legal assistance to consumers affected by product malfunctions.

Geriatric Neglect

Advocating for the rights of the elderly who have been subjected to misconduct in care facilities environments, ensuring compensation.

Trip & Trip Injuries

Specialist in dealing with slip and fall accident cases, providing legal services to clients seeking justice for their suffering.

Neonatal Harms

Supplying legal support for households affected by medical negligence resulting in neonatal injuries.

Motor Collisions

Mishaps: Focused on guiding individuals of car accidents secure reasonable recompense for hurts and destruction.

Motorcycle Collisions

Specializing in providing legal assistance for bikers involved in bike accidents, ensuring adequate recompense for damages.

Big Rig Incident

Providing professional legal advice for victims involved in big rig accidents, focusing on securing rightful recompense for injuries.

Building Accidents

Concentrated on advocating for employees or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Neurological Traumas

Expert in ensuring expert legal support for persons suffering from head injuries due to accidents.

Dog Bite Injuries

Adept at tackling cases for individuals who have suffered traumas from puppy bites or animal attacks.

Jogger Crashes

Dedicated to legal advocacy for cross-walkers involved in accidents, providing dedicated assistance for recovering restitution.

Undeserved Loss

Advocating for loved ones affected by a wrongful death, delivering understanding and expert legal representation to ensure fairness.

Neural Harm

Specializing in assisting persons with paralysis, offering expert legal assistance to secure compensation.

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Contact Us Today if you need a Person Injury Lawyer

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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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