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Birth Injuries in Delavan

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

About Carlson Bier Associates

When faced with the unfortunate circumstance of a birth injury, residents of Delavan can rely on Carlson Bier. As experienced Birth Injuries attorneys, we are equipped to provide legal support for families encountering these complex scenarios. We understand that this is a challenging period in your life and aim to serve as your trusted ally during such traumatic times. Our lawyers have a robust understanding of Illinois laws pertaining to medical negligence and malpractice related to birth injuries. Over the years, Carlson Bier has been instrumental in winning settlements against insurers and hospitals who fail our clients at their most crucial moments. Though it’s an arduous journey ahead for those affected by a birth mishap, let us assure you; having us by your side will transform complexities into clarity through professional guidance and dedicated representation. Entrusting Carlton Bier with your case ensures empathy-filled support while fighting relentlessly for justice on behalf of injured newborns in Delavan community.

About Carlson Bier

Birth Injuries Lawyers in Delavan Illinois

At Carlson Bier, your personal injury advocate based in Illinois, we understand that the birth of a child should be filled with joy and anticipation. Yet, there are unfortunate instances where complications arise leading to birth injuries that could have long-lasting effects on the child and family. Our devoted team is armed with extensive knowledge about various types of birth injuries, their prevention, causes, and possible legal recourse to provide comprehensive assistance for affected families.

Birth injuries often result from medical negligence during prenatal care, labor management or postnatal stages. These can vary widely in severity; from minor bruises and fractures to far more serious cases such as Cerebral Palsy or Erb’s Palsy. The bullseye of our expertise includes but is not limited to:

• Brachial plexus injuries

• Hypoxic-Ischemic Encephalopathy (HIE)

• Wrongful death

• Fetal lacerations

Understanding these conditions and how they come about takes thorough research and expert help—knowledge which we at Carlson Bier take pride in offering due justice.

Any form of birth injury raises a whirlwind of emotions along with numerous inevitable questions around its cause—an area wherein we play crucial role by conducting an exhaustive analysis of medial records along with consultations from healthcare professionals.

Moreover, while pursuing legal action may seem overwhelming especially when the focus should be on caring for your child who has suffered a birth-related injury; it can provide necessary financial support for ongoing medical treatment required by these circumstances. We step into clarify this complex landscape by explaining:

• What constitutes medical negligence?

• How do you determine if your child’s condition qualifies as a case?

• The statute limitations related to filing lawsuits pertaining to birth injuries.

Being equipped with this information upfront will aid in understanding the course involved during procedural follow-ups.

Affirming that no question goes unanswered or concern overlooked is central to our approach at Carlson Bier . This not only means providing you with the legal advice you need but also ensuring to make it comprehensible and accessible. We invest ample time simplifying legal jargon, understanding your needs and explaining possible avenues that divert from typical case scenarios. This knowledge-empowered approach aims at making our clients comfortable in making best decisions for their situation.

We are steadfast about the integral role of transparency in our professional relationship with you; starting from a no-obligation initial consultation going up to billing practices, everything will be crisp clear. More importantly, please know that Carlson Bier operates on a “no win–no fee” principle which establishes that we are paid solely on successful resolution of your claim.

At Carlson Bier , while your only concern is recovery and peace of mind; ours involves using every available resource pairing damage investigations , seeking expert witnesses testimony down to evaluating any hospital or doctor’s liability geared towards securing maximum compensation possible for your case.

Remember, these injuries are preventable, when they do occur due to negligibility there must be accountability ensuring justice served. Allow us at Carlson Bier to help restore balance by establishing who’s responsible so healing can begin.

To get started determining if medical negligence resulted in injury during childbirth; click on the button below…and let’s understand what your case is worth!

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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 Delavan

Areas of Practice in Delavan

Cycling Mishaps

Proficient in legal support for persons injured in bicycle accidents due to negligent parties' indifference or unsafe conditions.

Scald Traumas

Extending professional legal services for patients of serious burn injuries caused by occurrences or carelessness.

Healthcare Incompetence

Providing dedicated legal services for individuals affected by physician malpractice, including misdiagnosis.

Merchandise Liability

Managing cases involving defective products, providing skilled legal assistance to victims affected by product malfunctions.

Aged Mistreatment

Protecting the rights of seniors who have been subjected to misconduct in elderly care environments, ensuring compensation.

Fall & Slip Accidents

Specialist in dealing with trip accident cases, providing legal assistance to victims seeking restitution for their injuries.

Infant Injuries

Extending legal guidance for kin affected by medical malpractice resulting in birth injuries.

Auto Mishaps

Mishaps: Devoted to guiding sufferers of car accidents gain appropriate settlement for injuries and impairment.

Motorcycle Incidents

Expert in providing representation for motorcyclists involved in motorbike accidents, ensuring rightful claims for losses.

Semi Accident

Offering adept legal support for persons involved in truck accidents, focusing on securing adequate settlement for damages.

Construction Site Collisions

Concentrated on defending laborers or bystanders injured in construction site accidents due to safety violations or recklessness.

Head Injuries

Dedicated to offering dedicated legal services for persons suffering from cognitive injuries due to incidents.

K9 Assault Harms

Skilled in tackling cases for individuals who have suffered injuries from dog attacks or beast attacks.

Jogger Collisions

Committed to legal assistance for joggers involved in accidents, providing comprehensive support for recovering claims.

Unjust Demise

Advocating for grieving parties affected by a wrongful death, extending compassionate and skilled legal guidance to ensure redress.

Spine Impairment

Dedicated to assisting patients with spine impairments, offering dedicated legal representation to secure justice.

Contact Us Today if you need a Person Injury Lawyer