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Birth Injuries in Aurora

Birth Injuries Trial Lawyers
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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

Welcoming a newborn should be a cause for joy, not distress. Unfortunately, birth injuries can occur due to medical negligence transforming this joyful event into a painful ordeal. When such situations arise in Aurora, Carlson Bier stands as the paragon of legal assistance you need and deserve. With an exquisite legal mastery earned from years of experience in Illinois, our proficiency extends to birth injuries law extensively. Our reputation rests on our dedication to assisting families navigate through these tough times with assertiveness and sensitivity. At Carlson Bier, your fight becomes ours too; we tirelessly work towards securing rightful compensation for the injury endured by your precious little one because every child deserves an unscathed start at life’s journey ahead. We’re well-versed with Illinois’ complex regulations surrounding birth related lawsuits—a crucial foundation that positions us distinctly as reliable partners during these challenging times in Aurora communities . Turning around trying circumstances is tough but remember—you never walk alone when you choose Carlson Bier: Advocate born out of empathy & excellence.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Aurora Illinois

At Carlson Bier, our legal expertise extends to a broad range of personal injury areas, including the profoundly delicate field of birth injuries. Our seasoned attorneys comprehend the complexities and nuances associated with this area. We understand that such life-altering events can emotionally and physically affect you and your newborn, causing great distress amidst joyful moments.

Birth injuries refer to any harm or physical damage inflicted on an infant before, during, or immediately after childbirth. They could occur due to several reasons like medical negligence, incorrect use of delivery tools, delayed c-sections, lack of oxygen supply to the baby’s brain, or even mishandling hypoxic-ischemic encephalopathy (HIE). While some birth injuries are temporary and heal over time; others result in long-term disabilities demanding extensive care.

Consider these key points:

• Birth Injury is not always apparent at birth.

• Types can range from simple bruising to more serious conditions like cerebral palsy.

• Professionals might misdiagnose it as something else hence hiring an experienced attorney is essential.

We leverage our vast experience in Illinois laws related to birth injuries case defense. Thus safeguarding not only your rights but also ensuring appropriate care for your child’s future. At Carlson Bier we walk you through diagnosing common conditions miscoined under birth injuries’ umbrella term– Cerebral Palsy caused by inadequate oxygen supply during labor; Erb’s palsy resulting from shoulder dystocia; Brachial Plexus Injuries often mistaken for other neurological disorders and so on.

Our commitment rests assuredly towards securing full compensation where warranted – while money doesn’t erase trauma or cure all pain it surely does help cover present & future medical expenses. The law includes provisions for compensations towards emotional suffering too which generally isn’t as straightforward quantifying monetary loss felt by families affected.

Remember,

• Establishing malpractice requires demonstrating that standard medical practice wasn’t followed thus causing injury.

• Filing a medical malpractice lawsuit in Illinois should happen within two years of an injury’s discovery. In cases involving minors, this can be extended until the child is 8.

Rest assured, our Carlson Bier personal injury attorneys are adept at reviewing complex medical reports, questioning healthcare professionals & sifting through minutiae to build a solid case. We also collaborate with renowned medical experts when necessary, ensuring your case receives comprehensive evaluation and approach.

Nobody should have to endure the repercussions of someone else’s neglect or irresponsibility; this belief forms the core of our mission here at Carlson Bier. Our proficient team offers professional guidance and paramount representation throughout your journey, easing stress while dealing with complicated legal proceedings ensuing from birth injuries.

You may be feeling overwhelmed with emotional trauma coupled with immediate & long-term financial implications – that we understand entirely. Birth injuries lawsuits aren’t just about gaining compensation but obtaining justice for unimaginable tragedies suffered due to professional negligence.

Therefore as you navigate these trying times remember – You’re not alone! At Carlson Bier we shall leave no stone unturned establishing accountability and securing rightful compensation for your family’s loss brought on by such unfortunate events.

If you believe that your child’s birth injury resulted from negligence or mismanagement by a healthcare provider, don’t hesitate to get in touch. To know more about how we can assist you and help estimate what your case might be worth, simply click on the button below because every individual circumstance is unique & deserves customized attention it requires when determining its value under law… Remember it costs nothing for consultation yet offers peace-of-mind knowing competent assistance backs up one of life’s most heartbreaking situations.

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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 Aurora

Areas of Practice in Aurora

Cycling Mishaps

Dedicated to legal assistance for victims injured in bicycle accidents due to responsible parties' lack of care or dangerous conditions.

Burn Damages

Offering adept legal services for individuals of grave burn injuries caused by mishaps or carelessness.

Hospital Misconduct

Providing experienced legal representation for victims affected by healthcare malpractice, including wrong treatment.

Items Fault

Handling cases involving problematic products, offering adept legal services to individuals affected by defective items.

Senior Malpractice

Supporting the rights of elders who have been subjected to neglect in care facilities environments, ensuring protection.

Fall & Trip Incidents

Professional in dealing with trip accident cases, providing legal services to victims seeking compensation for their losses.

Neonatal Wounds

Delivering legal aid for kin affected by medical malpractice resulting in birth injuries.

Car Accidents

Mishaps: Concentrated on aiding patients of car accidents obtain fair settlement for hurts and damages.

Two-Wheeler Incidents

Expert in providing legal assistance for motorcyclists involved in bike accidents, ensuring justice for harm.

Trucking Crash

Offering specialist legal assistance for persons involved in trucking accidents, focusing on securing fair settlement for harms.

Worksite Incidents

Dedicated to assisting workers or bystanders injured in construction site accidents due to safety violations or misconduct.

Cerebral Impairments

Committed to offering compassionate legal representation for clients suffering from cognitive injuries due to incidents.

Dog Attack Injuries

Expertise in dealing with cases for individuals who have suffered damages from K9 assaults or animal attacks.

Cross-walker Incidents

Dedicated to legal representation for joggers involved in accidents, providing professional services for recovering compensation.

Unfair Death

Working for relatives affected by a wrongful death, supplying compassionate and skilled legal guidance to ensure compensation.

Neural Trauma

Committed to representing victims with vertebral damage, offering compassionate legal representation to secure justice.

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