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Birth Injuries in Ashkum

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Dealing with a birth injury matter can be an emotionally charged and complex process. It requires the expertise of experienced attorneys who are well-versed in this unique area of law. With Carlson Bier, you get just that – legal professionals diligently committed to handling birth injuries litigation across Ashkum, focusing on providing justice for affected families while helping them secure their deserved compensation.

Presenting profound knowledge and experience in birth injury cases like Cerebral Palsy, Erb’s Palsy, Hypoxic Ischemic Encephalopathy (HIE), our team pores over every nuance of your case meticulously ensuring no detail is overlooked. Our evidence-based approach enables us to advocate effectively for fair treatment under Illinois law.

At Carlson Bier, we pride ourselves on being compassionate advisors and aggressive advocates delivering tailored advice based on individual circumstances; aiming to reduce outstanding medical costs significantly or eliminate them altogether through adept negotiation skills.

Experience distinguishes us at Carlson Bier – fighting relentlessly irrespective of complexity involved, bringing commitment and dedication unmatched among personal injury lawyers serving clients across Ashkum concerning Birth Injuries matters. Trust our reputation for excellence; let us steer your journey towards justice successfully.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Ashkum Illinois

Welcome to Carlson Bier, your trusted personal injury attorneys based in Illinois. We specialize and have profound knowledge of various sectors in personal injury laws, including birth injuries. As a widely recognized law firm, it is our aim to help you understand the complex world of birth injuries.

Birth injuries are unfortunately more common than most people realize: there are about 6-8 out of every 1,000 births that result in an injury. The distressing fact is that many of these are preventable with proper care before, during and after labor.

In general terms, a birth injury refers to any damage sustained by an infant during childbirth as a result of negligence or improper management from healthcare professionals. These errors may lead to two categories of child traumas – physical disability (such as Cerebral Palsy or Erb’s palsy) or cognitive impairment (like Hypoxic-ischemic encephalopathy). Although each case varies greatly due to distinct factors present at the time injury took place, both can drastically transform newborns’ lives and their families forever.

It’s further crucial to clarify some misconceptions about birth injuries:

• Not all medical outcomes resulting from delivery complications are characterized as ‘birth injuries’.

• Birth injuries differ from birth defects; while the latter arise because of issues during pregnancy like genetics or drug use by the mother even before labor has begun.

So how do you know if what happened was indeed preventable and thus considered malpractice? Indicators might include:

• Unreasonable delay in performing a c-section

• Failure to adequately monitor fetus’ heart-rate leading up-to and during delivery

• Inappropriate usage or excessive force with vacuum extractor or forceps

• Neglecting necessary prenatal tests

The legal landscape surrounding birth injuries can be convoluted. However, rest assured that Carlson Bier will tirelessly fight for justice on your behalf against providers who fail to adhere to accepted standards of professional medical care. Remember, Illinois malpractice laws certify a two-year statute of limitations from when the injury was or should have been detected – it’s essential to act in a timely manner.

At this juncture you may feel overwhelmed, which is completely understandable. The process to establish if malpractice occurred involves complete evaluation of detailed medical records and expert consultation specific to your situation. As an experienced law firm, we are here to guide you through every step of the way – helping understand reports and ensuring solid communication with physicians while meticulously establishing culpability.

For anyone dealing with consequences that could have been avoided is painful indeed, but acceptance shouldn’t be mistaken for defeat! Your insight today can serve as the ticket towards not just monetary compensation but also accountability that future practices are held to higher degrees of professionalism.

Now think about this: Wouldn’t it be great knowing that somewhere amidst all the chaos and confusion there’s reliable support determined to give your circumstances the much needed attention and impact? If so, remember Carlson Bier is more than capable of providing exactly those services. We urge you not to stand alone during these challenging times; let our dedication and proficiency aid in bringing justice for your child’s birth injuries

We value honesty therefore before pursuing legal action, wouldn’t you want an understanding on what potential worth your case holds against all odds? To facilitate such insights we welcome you to follow through by clicking the button below. Take an enlightening leap into comprehending how significant life-altering moments like birth injuries can be transformed into substantial amounts worth fighting for.

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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 Ashkum

Areas of Practice in Ashkum

Cycling Mishaps

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

Burn Wounds

Giving specialist legal assistance for patients of intense burn injuries caused by events or carelessness.

Healthcare Incompetence

Delivering dedicated legal support for victims affected by medical malpractice, including misdiagnosis.

Merchandise Obligation

Dealing with cases involving dangerous products, offering skilled legal guidance to consumers affected by faulty goods.

Nursing Home Abuse

Representing the rights of elders who have been subjected to misconduct in care facilities environments, ensuring fairness.

Slip & Fall Occurrences

Expert in tackling tumble accident cases, providing legal representation to persons seeking recovery for their injuries.

Neonatal Harms

Offering legal help for households affected by medical incompetence resulting in birth injuries.

Motor Crashes

Accidents: Concentrated on supporting individuals of car accidents get reasonable payout for injuries and destruction.

Two-Wheeler Incidents

Specializing in providing legal advice for motorcyclists involved in motorcycle accidents, ensuring rightful claims for losses.

Trucking Incident

Delivering experienced legal assistance for clients involved in lorry accidents, focusing on securing just claims for damages.

Worksite Incidents

Concentrated on supporting staff or bystanders injured in construction site accidents due to safety violations or recklessness.

Cerebral Injuries

Specializing in extending specialized legal representation for victims suffering from brain injuries due to carelessness.

K9 Assault Harms

Specialized in tackling cases for persons who have suffered harms from canine attacks or animal assaults.

Foot-traveler Crashes

Committed to legal assistance for walkers involved in accidents, providing professional services for recovering damages.

Unjust Death

Striving for bereaved affected by a wrongful death, providing caring and skilled legal representation to ensure redress.

Spinal Cord Harm

Committed to representing victims with spine impairments, offering expert legal support to secure justice.

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Contact Us Today if you need a Person Injury Lawyer

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