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Birth Injuries in El Paso

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

At Carlson Bier, we understand the complex emotional and legal challenges families face during a birth injury case. As an established Illinois-based attorney group specializing in Birth Injuries, our commitment is to provide dedicated representation ensuring your family’s rights are protected every step of the way. Our history of successful cases speaks volumes about our exceptional legal acumen and thorough attention to detail – characteristics that set us apart. While defending clients through critical phases of litigation process, we ensure maintaining unwavering care for our client needs – taking into account not only their immediate settlement but also future considerations entailing potential medical needs or other related costs resulting from birth injuries. Entrusting Carlson Bier with your birth injury case means receiving high-quality assistance translating several pieces of intricate legislation associated with this practice area into focussed solutions for you and your family’s unique situation.

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About Carlson Bier

Birth Injuries Lawyers in El Paso Illinois

At Carlson Bier, we are committed to providing reliable legal representation for personal injury cases in Illinois. As a distinguished law firm specializing in personal injury law, our legal team recognizes that among the most distressing incidents one can experience involves birth injuries — an area in which we tirelessly advocate for our clients.

Birth injuries refer to damages or injuries sustained by the mother or baby before, during, or immediately after childbirth. These incidents may result in physical trauma or long-term conditions such as cerebral palsy, Erb’s palsy, hypoxia, shoulder dystocia and more. Often these adverse health outcomes are devastating not just physically but also emotionally and financially.

Mitigating Circumstances

• Medical Negligence: If your healthcare provider did not use reasonable care and skill when making treatment decisions during the birthing process

• Delayed Birth: Long labor could lead to oxygen deprivation causing damage

• Incorrect Use Of Tools: Inappropriately used forceps or vacuum resulting in injury

Understanding that each situation is unique and complex, determining liability can be painstaking work; it necessitates meticulous investigation into medical records and procedures used during childbirth. Unforeseen complications do arise occasionally despite optimal care; however, many birth injuries are preventable and often imply negligence on part of medical professionals involved. At Carlson Bier, we firmly believe that those responsible must be held accountable.

Possible Implications

Negligence from medical staff at any stage of prenatal care – failure to diagnose maternal infections promptly or error during fetal monitoring- can have severe implications:

• Healthcare costs associated with treating birth injuries can quickly escalate into five-figure sums.

• Children with certain types of birth trauma may require life-long therapy.

Knowing this admittedly grim reality amplifies the necessity of sound legal counsel from seasoned experts like us at Carlson Bier. We channel our wealth of expertise on every case irrespective of its scope so you will receive comprehensive assistance including understanding Illinois law statutes regarding birth injuries, potential investigation into the case, collaboration with medical experts to validate your claim, negotiation with insurance companies and aggressively defending your rights in court if necessary.

Our ultimate objective is ensuring that families affected by birth injuries receive complete financial compensation for their loss. Compensation can cover aspects such as:

• Current and future medical care

• Physical therapy

• Any special equipment or modifications needed at home

• Pain & Suffering

Operating from an informed perspective is vital while pursuing litigation in personal injury cases especially birth injuries. We want you to be well equipped when navigating this legal terrain thus we offer a promise of trust, commitment, transparency coupled with detailed legal insight brought on by years of experience dealing with similar cases.

We adhere strictly to Illinois legislation governing law practices; hence all our claims are legitimate and grounded within the bounds of state laws. At Carlson Bier, we guarantee solid legal support without false pretenses about our physical location exemplifying authenticity combined with the utmost professional responsibility.

Confronting incidents involving birth injuries is challenging emotionally and legally. Yet, bear in mind that remember silence should never be opted due to intimidation or underestimation of potential outcomes. It’s essential for those implicated- directly or indirectly- by these unfortunate occurrences to take stand against wrongdoings in hope for justice but also setting precedent for further prevention.

Thank you for considering Carlson Bier as your trusted partner during this painful ordeal. If you need advice regarding a possible case pertaining to birth injury or any form of personal injury matter, click on the button below today. A member of our dedicated team will help determine the value your case might be worth — obligation-free! Together let’s seek justice where it’s due!

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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 El Paso

Areas of Practice in El Paso

Pedal Cycle Mishaps

Specializing in legal support for persons injured in bicycle accidents due to others' indifference or dangerous conditions.

Thermal Traumas

Offering adept legal support for patients of serious burn injuries caused by incidents or indifference.

Clinical Misconduct

Delivering specialist legal representation for individuals affected by medical malpractice, including wrong treatment.

Items Responsibility

Dealing with cases involving problematic products, extending expert legal support to victims affected by harmful products.

Elder Mistreatment

Representing the rights of elders who have been subjected to abuse in senior centers environments, ensuring restitution.

Trip and Fall Incidents

Professional in handling slip and fall accident cases, providing legal representation to victims seeking redress for their suffering.

Neonatal Injuries

Delivering legal help for kin affected by medical malpractice resulting in neonatal injuries.

Motor Crashes

Incidents: Committed to supporting individuals of car accidents secure just payout for harms and damages.

Bike Incidents

Committed to providing representation for individuals involved in scooter accidents, ensuring adequate recompense for harm.

Big Rig Mishap

Delivering adept legal assistance for drivers involved in trucking accidents, focusing on securing adequate compensation for losses.

Building Collisions

Engaged in defending employees or bystanders injured in construction site accidents due to safety violations or irresponsibility.

Cerebral Traumas

Specializing in providing dedicated legal services for individuals suffering from head injuries due to carelessness.

Dog Attack Traumas

Adept at handling cases for persons who have suffered damages from dog bites or creature assaults.

Cross-walker Incidents

Specializing in legal assistance for walkers involved in accidents, providing expert advice for recovering compensation.

Wrongful Death

Standing up for grieving parties affected by a wrongful death, extending sensitive and expert legal support to ensure fairness.

Neural Harm

Dedicated to defending patients with spine impairments, offering expert legal services to secure settlement.

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312-313-2440

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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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