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Birth Injuries in Brookfield

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Navigating through the complexities of birth injuries can be challenging. Carlson Bier serves Brookfield, offering unparalleled guidance and legal support in birth injury cases. Our firm stands out for its vast experience and stellar reputation within Illinois’s personal injury sector. With a dedicated focus on birth injuries, we meticulously scrutinize every detail to optimize our clients’ chances for a successful resolution. We recognize that each case is unique with distinct nuances; hence we craft individualized strategies attuned to your circumstances ensuring best possible outcomes. The team at Carlson Bier understands the emotional toll taken by these situations; therefore, our experts offer compassionate service while passionately fighting for justice – assuaging any adversity faced during this difficult time. Birth injuries inflict long-term consequences on your child’s health – it is pivotal to secure fitting compensation aiding their future welfare needs. Rely upon Carlson Bier: synonymous with quality legal representation across all spectrums of birth injury litigation in Illinois.

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About Carlson Bier

Birth Injuries Lawyers in Brookfield Illinois

At Carlson Bier, we understand that birth injuries deliver a devastating blow to families’ emotions and personal finances. Birth injuries are tragically common, often resulting from preventable causes including medical malpractice or negligence by healthcare providers.

• Medical malpractice includes instances when a healthcare provider breaches their duty of care towards the patient, leading to injury or harm.

• Negligence refers to acts of carelessness by a healthcare professional that can directly lead to the birth injury.

Understanding these legal nuances is essential for parents coping with the aftermath of such an unfortunate incident. As Illinois’ trusted personal injury lawyers, at Carlson Bier we provide adept legal counsel every step of the way.

Birth injuries can be broadly divided into two types:

1) Physical Injuries- These external or internal injuries show up immediately after delivery and may include fractures, bruising or other wounds.

2) Brain Injuries – Often more severe long-term in nature, these involve lack of oxygen supply (Hypoxic Ischemic Encephalopathy), intracranial hemorrhage, and brain damage leading to conditions like cerebral palsy.

Major causes for Birth Injury:

• Improper use/mishandling of surgical tools

• Delayed C-section

• Ignorance/neglecting vital signs during labor

• Incorrect administration/ dosage of medication

Overcoming birth injuries goes beyond financial implications— it’s about helping families gain justice while ensuring negligent practitioners are held accountable. Families must remember that Illinois law permits them only two years – an alarmingly brief window -after realizing that their child has sustained injuries at birth due to negligence or malpractice. This period commences once the issue comes under the light either medically or legally (whichever occurs sooner).

Why choose Carlson Bier? We’ve successfully helped distressed families in establishing liability with requisite proofs and negotiated successful settlements on their behalf over decades. Our priority lies in providing full support so that you can concentrate on what matters most – taking care of your family.

At Carlson Bier, we understand it is vital to act swiftly and ascertain the facts with respect to birth injury claims. We assure meticulous investigation, beginning with a comprehensive review of doctor-notes, labor-monitor data, medical reports, and hospital records. Our team leverages our alliances with leading medical professionals for an unbiased understanding of the complete situation.

• We will guide you step-by-step in understanding liable parties.

• With our expertise, you don’t have to bear mounting medical bills alone.

• You do not pay us unless we obtain recovery for you—a testament to our unwavering faith in each case we take up.

Our commitment extends beyond merely handling legal intricacies; it’s about ensuring your child’s rights are safeguarded, offering dedicated representation through every turn of this journey. It’s crucial that families realize timeliness plays a key role in securing assistance towards lifelong treatment costs which includes but not limited to rehabilitation therapies and special education aids if any.

The scope for compensation depends upon many factors and only an experienced lawyer can ensure dependable guidance based on all facets—economic (medical bills-present & future), non-economic (pain & suffering), potential punitive damages (in cases where practitioners’ actions were outrageous). For over two decades as a trusted Illinois personal injury attorney group, Carlson Bier remains steadfast in pursuits advocating justice for innocent victims.

We invite readers who indeed find themselves grappling with turmoil arising from birth injuries caused due to healthcare negligence or malpractice – reach out today! Click the button below for expert evaluation and determine how much your case could be worth – because you deserve justice Today.

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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 Brookfield

Areas of Practice in Brookfield

Two-Wheeler Accidents

Proficient in legal assistance for clients injured in bicycle accidents due to others's recklessness or dangerous conditions.

Thermal Wounds

Offering expert legal assistance for victims of intense burn injuries caused by occurrences or negligence.

Healthcare Misconduct

Ensuring professional legal support for individuals affected by clinical malpractice, including surgical errors.

Products Liability

Managing cases involving defective products, providing adept legal assistance to clients affected by product-related injuries.

Aged Malpractice

Advocating for the rights of elders who have been subjected to mistreatment in elderly care environments, ensuring restitution.

Trip & Fall Occurrences

Skilled in managing tumble accident cases, providing legal advice to clients seeking restitution for their injuries.

Birth Traumas

Supplying legal help for relatives affected by medical misconduct resulting in neonatal injuries.

Car Mishaps

Collisions: Devoted to guiding clients of car accidents secure just remuneration for damages and harm.

Motorbike Mishaps

Focused on providing representation for individuals involved in scooter accidents, ensuring adequate recompense for injuries.

Big Rig Crash

Providing professional legal advice for drivers involved in truck accidents, focusing on securing adequate claims for hurts.

Worksite Mishaps

Engaged in representing workers or bystanders injured in construction site accidents due to safety violations or carelessness.

Neurological Traumas

Committed to providing compassionate legal assistance for clients suffering from cerebral injuries due to negligence.

Dog Bite Wounds

Expertise in addressing cases for persons who have suffered traumas from puppy bites or animal attacks.

Cross-walker Crashes

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

Wrongful Passing

Standing up for grieving parties affected by a wrongful death, offering compassionate and experienced legal assistance to ensure justice.

Vertebral Impairment

Committed to assisting patients with backbone trauma, offering compassionate legal services to secure justice.

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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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