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Birth Injuries in Charleston

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

About Carlson Bier Associates

If you’re dealing with the aftermath of birth injuries in Charleston, look no further than Carlson Bier. Our expert team specializes in these sensitive cases and understands that compassion is as important as advocacy for our clients. We possess an impressive track record marked by successful client recoveries and a comprehensive understanding of Illinois injury law. We believe every family deserves fair results to ensure lifelong care so we throw our more than two decades worth experience behind each case we handle.

As birth injuries often create critical scenarios, quick legal action becomes essential; delaying can mean letting valuable evidence slip away. It’s crucial to consult with attorneys having specific knowledge about this area of personal injury law – precisely what Carlson Bier offers.

Every case is unique, every victim different; therefore we adopt a personalized approach providing the utmost attention every step of your journey. Partnering with Carlson Bier ensures you have seasoned professionals navigating complex legislative labyrinths on your behalf, delivering justice while focusing on recovering damages for ongoing treatment costs from preventable birth-related tragedies.

About Carlson Bier

Birth Injuries Lawyers in Charleston Illinois

At the law firm of Carlson Bier, we understand that birth injuries can be a profoundly disruptive event in the lives of both the child and their family. Located in the heart of Illinois, our personal injury attorneys specialize in handling complex birth injury cases with professionalism, empathy, and tenacity. Our purpose is to step in as passionate advocates for your rights when negligent or inappropriate medical care has resulted not only in physical harm but emotional distress too.

Birth injuries typically involve very young children who may endure long-term complications that impact their well-being and quality of life. These circumstances require an understanding of complex medical terminology coupled with an aggressive approach to pursuing justice against those responsible. Such cases often revolve around negligence during prenatal care, labor, delivery or neonatal care soon after.

• Prenatal Care: When physicians fail to spot potential issues that could lead to complications during childbirth such as gestational diabetes or preeclampsia.

• Labor & Delivery: Health professionals may miss indicators of fetal distress leading towards traumatic births causing hypoxia (lack of oxygen) which results in brain damage like cerebral palsy.

• Neonatal Care: Negligence during postnatal period leading to mishandling newborns resulting conditions including jaundice progressing into kernicterus – a severe form of preventable brain damage.

As experienced lawyers specializing in personal injury and specifically birth injury litigation at Carlson Bier, we possess a comprehensive working knowledge to navigate these intricate technicalities through research-intensive techniques underpinned by a robust network of credible medical experts. Our holistic approach ensures that you receive detailed information on how best to protect your legal rights while relieving any associated stressors along the way — guiding you seamlessly from initial consultation right through until settlement negotiations or trial proceedings if needs be.

Compensation isn’t just about financial redress but also attaining peace-of-mind knowing neglectful healthcare providers have been held accountable thereby potentially shielding other families from enduring similar difficulties. Our relentless pursuit for justice aids in recovering damages including, but not limited to:

• Medical expenses related to the injury both now and predictably in future.

• Potential costs for lifelong medical care or therapy services if the child suffers permanent disability.

• Pain and suffering endured by your child due to physical harm.

• Emotional anguish experienced by parents coping with their child’s distress.

At Carlson Bier, we operate in a scrupulous manner that entails being readily available for your queries throughout proceedings whilst consistently briefing you on key developments within your case – providing clarity, support and efficient legal counsel at each stage. Moreover, as an Illinois-based firm abiding fully with state regulations regarding ethical advertising practices, we assure you of our established presence within local professional circles centered purely around fidelity towards our clients — making us a trusted partner during challenging times.

We invite you to discover the potential value of your claim without any obligations. Knowledge is power – knowing how such a traumatic incident has impacted your family’s life can be instrumental toward deciding whether or not legal action is appropriate course for your circumstances. We are here – ready to listen empathetically, assess rationally and act robustly on behalf of those seeking reparations for birth injuries caused due to medical negligence. Why wait when help is just a call away? Please click the button below; let Carlson Bier evaluate the worth of your specific case today allowing informed decisions be taken tomorrow. Together, let’s forge ahead towards closure where justice doesn’t remain simply an ideal – rather becomes a lived reality!

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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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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 Charleston

Areas of Practice in Charleston

Cycling Collisions

Expert in legal assistance for victims injured in bicycle accidents due to others' recklessness or hazardous conditions.

Fire Burns

Providing professional legal help for sufferers of major burn injuries caused by mishaps or misconduct.

Hospital Misconduct

Delivering professional legal advice for patients affected by healthcare malpractice, including misdiagnosis.

Products Accountability

Managing cases involving problematic products, offering specialist legal services to consumers affected by harmful products.

Aged Misconduct

Representing the rights of the elderly who have been subjected to mistreatment in elderly care environments, ensuring fairness.

Trip and Tumble Injuries

Professional in managing fall and trip accident cases, providing legal advice to clients seeking recovery for their harm.

Newborn Harms

Providing legal aid for relatives affected by medical misconduct resulting in childbirth injuries.

Auto Incidents

Mishaps: Concentrated on assisting individuals of car accidents gain reasonable payout for wounds and losses.

Scooter Incidents

Dedicated to providing legal support for individuals involved in motorbike accidents, ensuring fair compensation for injuries.

Trucking Incident

Extending adept legal services for persons involved in big rig accidents, focusing on securing just recompense for damages.

Building Incidents

Dedicated to supporting workers or bystanders injured in construction site accidents due to negligence or irresponsibility.

Head Traumas

Focused on providing dedicated legal assistance for persons suffering from neurological injuries due to misconduct.

Canine Attack Damages

Expertise in addressing cases for victims who have suffered damages from dog attacks or creature assaults.

Foot-traveler Incidents

Committed to legal representation for joggers involved in accidents, providing effective representation for recovering damages.

Unfair Loss

Standing up for bereaved affected by a wrongful death, extending compassionate and expert legal services to ensure compensation.

Vertebral Impairment

Specializing in assisting individuals with vertebral damage, offering compassionate legal services to secure redress.

Contact Us Today if you need a Person Injury Lawyer