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Birth Injuries in Auburn Gresham

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

If you’re in Auburn Gresham and searching for experienced Birth Injuries attorneys, look no further than Carlson Bier. Our firm stands on its reputation as one of the leading law firms that skillfully handles birth injuries cases with an unwavering commitment to justice. At Carlson Bier, our primary focus is advocating tirelessly for our clients while they navigate a very emotional and difficult time. With our extensive knowledge of medical malpractice law, we meticulously investigate each case which allows us to provide top-tier representation aimed at achieving the best possible compensation for your family’s suffering. Our success stems from diligent preparation, empathetic client relationships and excellent courtroom aptitude – it’s this combination that sets us apart when dealing with birth injuries claims in Illinois. Holding those responsible accountable is imperative – let us help ensure you receive what you rightfully deserve: justice served effectively and efficiently by Carlson Bier- advocates whose dedication exceeds expectations every step of the way.

About Carlson Bier

Birth Injuries Lawyers in Auburn Gresham Illinois

Established in the heartland of Illinois, Carlson Bier is a well-known personal injury attorney group that stands out for its astute and highly skilled team of lawyers with considerable proficiency in handling birth injury cases. When it comes to fighting for justice, our firm believes not just in asserting your legal rights but also providing comprehensive guidance about complex processes involved. If you’re dealing with the heartbreaking aftermath of a birth injury, we understand your plight and are committed to doing everything within our purview to ensure you receive due compensation for medical negligence.

One reality that new parents often face while battling birth injuries is deciphering the intricate labyrinth of laws surrounding these accidents. At times, this may pile on unwanted stress during an already difficult time; but Carlson Bier is here to simplify this daunting process. We shall delve deep into what constitutes a birth injury under Illinois law, how negligence can be established in such cases and provide some clear pathways towards securing rightful compensation.

Birth injuries can occur when the child sustains harm before, during or shortly after childbirth. These could range from smaller injuries like scratches and bruises to severe ones: cerebral palsy or Erb’s palsy; brain damage brought about by lack of oxygen (hypoxic-ischemic encephalopathy); blindness or deafness caused by misuse of forceps; fractures incurred during complicated labor or spinal cord injuries from rough handling.

In determining grounds for negligence concurrently triggering a valid legal claim- few factors need consideration:

• Did the healthcare provider deviate from standard care practices?

• Could alternative actions have prevented the injury?

• Has the child suffered harm proving substantial?

Remember – Not all unfortunate outcomes necessarily connote malpractice under law. Therefore, evaluating medical records closely alongside expert testimony remains crucial.

Recouping for damages resulting from these detriments largely hinges on two aspects – Economic & Non-Economic Damages:

– Economic Damages: Are primarily straightforward expenses like existing/future medical bills, nursing care costs & reduced future income due to disability.

– Non-economic Damages: Are the non-tangible losses like pain and suffering, emotional distress, loss of enjoyment or companionship.

Crucial as it is to be cognizant about statutes of limitations (time frames for filing lawsuits) – In Illinois, parents generally have eight years from the date of injury to file a claim. However, this rule has certain exceptions tailored in specific cases; thus making expert legal advice indispensable.

For harnessing the maximum value out of your birth injury claim – timely action is detrimental. The dedicated team at Carlson Bier will zealously advocate for you by meticulously leaving no stone unturned while seeking facts, ensuring compliance with all legal stipulations and advancing coherent arguments that makes our bruises stand out compellingly in front of any juror.

At Carlson Bier, we believe communication holds paramount importance. Therefore expect our team to keep you apprised throughout all stages of proceedings with clear updates about progress and potential outcomes without easily trop-able jargons inundating your peace.

With commitment entrenched into our core values coupled with exhaustive expertise underpinned – Experience firsthand what sets Carlson Bier apart in championing rightful causes & safeguarding interests. To better understand how much your case may be worth amidst prevalent laws governing personal injury in Illinois – Click on the button below & embark on this elucidatory venture today!

Remember: Our first consultation comes without price tag but packed with remarkable insights. So why wait? Act Now! Define new contours to justice served your way because — We are not just attorneys; we are custodians crusading for justice one victory at a time!

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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 Auburn Gresham

Areas of Practice in Auburn Gresham

Pedal Cycle Mishaps

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

Scald Damages

Providing adept legal help for sufferers of major burn injuries caused by occurrences or negligence.

Healthcare Malpractice

Delivering professional legal advice for victims affected by hospital malpractice, including misdiagnosis.

Merchandise Responsibility

Addressing cases involving defective products, extending skilled legal help to consumers affected by defective items.

Aged Misconduct

Advocating for the rights of aged individuals who have been subjected to malpractice in care facilities environments, ensuring restitution.

Slip & Stumble Mishaps

Expert in addressing fall and trip accident cases, providing legal assistance to clients seeking justice for their losses.

Infant Injuries

Providing legal guidance for relatives affected by medical negligence resulting in newborn injuries.

Auto Incidents

Mishaps: Committed to aiding patients of car accidents obtain appropriate payout for damages and losses.

Two-Wheeler Mishaps

Dedicated to providing legal support for victims involved in two-wheeler accidents, ensuring rightful claims for harm.

Semi Collision

Delivering experienced legal assistance for clients involved in big rig accidents, focusing on securing appropriate recompense for damages.

Construction Crashes

Focused on defending employees or bystanders injured in construction site accidents due to negligence or recklessness.

Brain Impairments

Dedicated to extending specialized legal advice for clients suffering from cerebral injuries due to accidents.

K9 Assault Traumas

Skilled in addressing cases for individuals who have suffered damages from canine attacks or creature assaults.

Cross-walker Collisions

Expert in legal services for walkers involved in accidents, providing professional services for recovering claims.

Undeserved Fatality

Fighting for families affected by a wrongful death, extending compassionate and professional legal guidance to ensure redress.

Neural Trauma

Dedicated to defending individuals with spinal cord injuries, offering compassionate legal guidance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer