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Birth Injuries in Blandinsville

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Experiencing a birth injury is an ordeal no family should face. When it happens, you deserve to have the best representation by your side every step of the way. In this regard, Carlson Bier stands out as your ideal choice among personal injury law firms in Illinois. We specialize in handling complex birth injuries cases with unprecedented expertise and personalized attention – ensuring each client gets the justice they rightfully deserve. As professionals passionately committed to our practice, our team navigates through these delicate situations sympathetically yet assertively, minimizing stress for everyone involved while targeting optimum results all along. At Carlson Bier, we promise rigorous investigation into your case’s specifics – driven by our dedication to securing maximum compensation available under Illinois law for you and your loved ones. Our refined negotiation skills assure that those responsible are held accountable fairly but resolutely. Call on us today at Carlson Bier – seasoned attorneys who make standing up for birthing families not just their mission but their commitment too!

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About Carlson Bier

Birth Injuries Lawyers in Blandinsville Illinois

At Carlson Bier, we fully understand that birth injuries can be a traumatic ordeal to go through for parents. It becomes incredibly challenging when these injuries result from the negligence of medical professionals and this is where our professional services as your competent personal injury attorneys come in.

Understanding birth injuries are key, so let’s explore some vital information about this matter. Birth injuries are physical harm inflicted on an infant during childbirth due to certain complications. These complications could be pre-existing conditions, such as the baby being too large or not positioned right, or they could be due to malpractices by healthcare providers during delivery.

There is a broad spectrum of birth injuries with varying levels of severity. They range from mild inflictions like bruises and minor fractures which usually heal without significant interference, to severe harm like cerebral palsy and brain damage which have lifelong effects and may require continuous care and rehabilitation.

Not every childbirth complication results in a birth injury claim. The critical factor that distinguishes a tragic mishap from legal liability is proving two things: Evidence of negligence by a healthcare provider and establishing that said negligence was directly responsible for any damage caused.

Here are some common reasons why those cases happen:

• Misdiagnosis or failure to diagnose certain conditions in the mother or child.

• Use of improper techniques during delivery.

• Failure to respond quickly enough to distress signs from the fetus.

• Inappropriate use of birthing instruments resulting in physical harm.

• Not performing emergency procedures including Cesarean section (C-section) when required.

Keep note, it’s crucial, especially when matters as delicate as birth injuries are concerned; time is always ticking against you. Every state has its statute limitations with respect to filing claims related to personal injury laws; hence immediate action translates into better chances at justice served rightly!

In Illinois specifically, one must file their lawsuit within eight years following their 18th birthday (if you’re filing on behalf of your minor child), or within two years of the date you discovered injury (for mothers).

Alongside, getting the best available medical counsel regarding your child’s condition and future needs is necessary. Insurance companies will often attempt to minimize their responsibility – it’s not just about receiving financial compensation for the present situation but ensuring that sufficient funds are available for any long-term care demands.

At Carlson Bier, we have a team of proficient personal injury attorneys with considerable experience in handling birth injuries cases. Our goal extends beyond procuring maximum compensation; we strive to provide peace and assurance that every effort is being made to secure a promising future for your precious one and your family.

Inquire more about your case worth! What seems an overwhelming battle doesn’t need to be faced alone. We welcome you to share details about what happened, so that our experts can assess its merits carefully, ascertain potential legal strategies while letting you know what option would yield optimal results. Remember, every single detail helps us build a stronger argument!

Taking the first step towards knowing how much your case could potentially be worth is painless yet empowering. Click on the button below — together let’s navigate this road towards justice being served diligently. Trust in our expertise at Carlson Bier; we’re here dedicatedly championing your cause – remember, justice delayed is never justice denied with us by your side.

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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 Blandinsville

Areas of Practice in Blandinsville

Two-Wheeler Mishaps

Dedicated to legal representation for victims injured in bicycle accidents due to others' lack of care or hazardous conditions.

Scald Burns

Supplying adept legal help for victims of severe burn injuries caused by incidents or misconduct.

Physician Malpractice

Ensuring experienced legal advice for individuals affected by medical malpractice, including wrong treatment.

Products Responsibility

Dealing with cases involving faulty products, extending specialist legal help to clients affected by defective items.

Aged Misconduct

Advocating for the rights of aged individuals who have been subjected to abuse in aged care environments, ensuring protection.

Fall & Slip Mishaps

Professional in managing slip and fall accident cases, providing legal advice to persons seeking restitution for their injuries.

Neonatal Wounds

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

Car Collisions

Collisions: Dedicated to supporting sufferers of car accidents receive fair compensation for hurts and destruction.

Bike Mishaps

Committed to providing legal services for bikers involved in motorcycle accidents, ensuring fair compensation for traumas.

18-Wheeler Accident

Extending adept legal services for victims involved in trucking accidents, focusing on securing fair settlement for injuries.

Building Site Collisions

Committed to representing employees or bystanders injured in construction site accidents due to safety violations or carelessness.

Cognitive Damages

Specializing in ensuring dedicated legal assistance for patients suffering from brain injuries due to incidents.

Dog Attack Traumas

Expertise in handling cases for clients who have suffered injuries from dog attacks or beast attacks.

Jogger Crashes

Committed to legal assistance for pedestrians involved in accidents, providing expert advice for recovering compensation.

Unjust Loss

Standing up for grieving parties affected by a wrongful death, delivering caring and experienced legal assistance to ensure fairness.

Spine Injury

Dedicated to representing persons with backbone trauma, offering dedicated legal guidance to secure recovery.

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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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