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Birth Injuries in Dakota

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

About Carlson Bier Associates

At Carlson Bier, our firm stands at the forefront in providing superior legal representation for those affected by birth injuries in Dakota. As industry leaders, we are well-versed in understanding the complexities related to these tragedies and offer compassionate advocacy while aggressively pursuing justice for your family. Being a full-service personal injury law firm based in Illinois, we dedicate an essential part of our practice towards helping families secure appropriate compensation where childbirth-related medical negligence occurs. With decades of combined experience fighting such cases, our attorneys take immense pride advocating righteously on behalf of their clients regardless of their location. Birth injuries can devastate lives compelling us to employ strategic litigation plans designed specifically with your needs in mind; this reinforces why Carlson Bier continues being held as a reputable choice when searching for legal councils combating obstetric malpractice issues involving birth trauma or disabilities due to negligence during delivery process across different locations we represent including Dakota-compatible areas. Trust Carlson Bier to safeguard your interests while navigating through these trying times efficiently.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Dakota Illinois

At Carlson Bier, we pride ourselves on being specialists in Personal Injury Law and based in the heart of Illinois. Over the years, we have garnered vast experience dealing with a plethora of cases related to birth injuries. Birth injuries, as you may very well know, sadly occur when an infant suffers physical harm resulting from errors made during delivery or any stage of pregnancy.

• The Laws Surrounding Birth Injuries: Under Illinois law, medical health providers can be held legally accountable if they fail to apply suitable standards of care during delivery which subsequently leads to injuries. Carlson Bier’s adept team is highly trained and experienced in this complex area.

• Types of Birth Injuries: Understand that these birth injuries can either be temporary or everlasting; it could range from minor bruises to severe nerve damage such as Brachial plexus injury – Erb’s Palsy being one prevalent example. Then there’s Cerebral Palsy – brought about by brain damage sustained before or during childbirth owing to insufficient oxygen supply.

• Causes and Their Effects: Not every birth defect is considered a ‘birth injury’. To classify as a birth injury, it must stem directly from negligence or error during childbirth such as improper use of forceps/vacuum extractors, failure in timely performing a needed caesarian section and incorrect medication dosage given to pregnant women. This crucial distinction between a medicinal mistake (negligence) causing the trauma and naturally occurring conditions (inalienable attributes) ahead of labor is essential for legal considerations.

• The Impact on Families: Any type of birth injury has the potential for enormous anguish for families both emotionally and financially due to exorbitant ongoing healthcare expenses, challenging rehabilitation treatments, special education costs amongst others. Severe cases might also require lifelong skills development assistance.

At times like these when parents are plagued by heart-wrenching emotions filled with despair coupled with uncertain futures for their offspring who have fallen victim due to medical negligence or malpractice by health professionals, we at Carlson Bier empathize genuinely with the ordeal families go through, and our commitment is to make this journey less painful for you. Our team of skillful attorneys will explore every detail pertaining to your case so as to secure the best possible outcome.

Your child has a right to lead an optimal life! Fight back against those medical professionals who fail in their duty care. Get started on your path toward justice today!

Compensation claims dealing with birth injuries are complex and necessitate innate knowledge of personal injury laws coupled with an understanding & interpretation of intricate clinical information which could be overwhelming if pursued individually without legal assistance.

This is where our expertise comes into play – each member of our dedicated legal team is personally involved in conducting rigorous investigations regarding these incidents thereby formulating exceptional strategies designed bespoke for each unique scenario presented. Rest assured that any such damage suffered deserves apt remuneration taking into account past, present and future implications affecting both your personal life and economic reality.

Carlson Bier possesses substantive experience confronting insurance companies; compelling them toward fair settlements while seamlessly providing aggressive representation in court if need be.

Now it’s time that you take control of your situation. It’s time that justice is served rightfully! Bear in mind: A timely move can indeed be pivotal garnering successful conclusions due to statutes of limitation constraints within Illinois law.

Please click on the button below to learn more about how much your case might potentially be worth. Let’s start this pursuit of justice together – Carlson Bier, championing truth all the way!

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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 Dakota

Areas of Practice in Dakota

Pedal Cycle Accidents

Expert in legal services for individuals injured in bicycle accidents due to others' recklessness or perilous conditions.

Flame Wounds

Giving skilled legal services for victims of intense burn injuries caused by occurrences or negligence.

Physician Misconduct

Delivering expert legal assistance for victims affected by physician malpractice, including wrong treatment.

Goods Responsibility

Addressing cases involving unsafe products, extending expert legal services to victims affected by product malfunctions.

Nursing Home Misconduct

Defending the rights of nursing home residents who have been subjected to abuse in senior centers environments, ensuring fairness.

Trip and Trip Injuries

Specialist in tackling stumble accident cases, providing legal representation to sufferers seeking restitution for their losses.

Neonatal Wounds

Extending legal guidance for loved ones affected by medical incompetence resulting in childbirth injuries.

Motor Accidents

Crashes: Focused on helping individuals of car accidents secure appropriate recompense for harms and damages.

Two-Wheeler Collisions

Dedicated to providing representation for motorcyclists involved in motorbike accidents, ensuring fair compensation for damages.

Trucking Incident

Ensuring adept legal advice for clients involved in lorry accidents, focusing on securing rightful compensation for losses.

Construction Incidents

Concentrated on representing laborers or bystanders injured in construction site accidents due to recklessness or carelessness.

Neurological Damages

Expert in extending professional legal assistance for victims suffering from cognitive injuries due to accidents.

Dog Bite Harms

Proficient in managing cases for clients who have suffered harms from K9 assaults or animal attacks.

Cross-walker Mishaps

Focused on legal assistance for joggers involved in accidents, providing expert advice for recovering compensation.

Undeserved Death

Working for loved ones affected by a wrongful death, providing caring and expert legal guidance to ensure redress.

Spinal Cord Damage

Dedicated to defending victims with vertebral damage, 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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