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Birth Injuries in Elwood

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

When faced with the heartbreaking event of a birth injury, you need an assertive and competent advocate by your side. Carlson Bier is that ally, serving Elwood families who are grappling with medical negligence leading to childbirth complications or defects. Rooted in Illinois, we bring our expertise and dedication to all corners of our state with tangible results, ensuring justice for impacted children and their parents. Our attorneys stand out in handling intricate birth injury cases such as cerebral palsy, brachial plexus injuries among others. Yet what truly separates us from the crowd isn’t just herculean advocacy skills or winning track record – it’s our passionately personal approach towards every case we take on. We understand that behind each case file is a family facing tremendous pain – emotionally and financially. Hence at Carlson Bier not only will you find lawyers deeply knowledgeable about birth injury law but also empathetic allies committed to lighten your burden of legal struggle while accompanying your pursuit for justice throughout this arduous journey.

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About Carlson Bier

Birth Injuries Lawyers in Elwood Illinois

At Carlson Bier, we understand that if your child has been the unfortunate victim of a birth injury due to medical negligence or error, it can be an incredibly challenging time. As personal injury attorneys based in Illinois, our priority is offering empathic legal support and knowledgeable advice to families dealing with these devastating situations.

Birth injuries may involve conditions like cerebral palsy, brachial plexus palsy (Erb’s Palsy), intracranial hemorrhage, and many others. These injuries typically occur during childbirth because of excessive force, incorrect use of medical tools or inadequate oxygen supply to the infant. Such instances could constitute professional misconduct or negligence on part of healthcare providers ensuring proper safety protocols for mother and child.

The following points extensively detail some potential causes and effects of birth injuries:

• The wrongful use of obstetrical devices – Vacuum extractors or forceps, when used improperly, can cause severe injury to the newborn.

• Mismanagement during pregnancy – This includes failure to identify signs indicating a high-risk delivery situation requiring specialized care.

• Oxygen deprivation – If the baby doesn’t receive an adequate amount of oxygen before or during birth which results in brain damage.

• Medication errors – Instances where incorrect drug administration has led directly to complications.

Understanding the technicalities in such incidents would need experienced professionals who thoroughly grasp how medical procedures work; this is exactly what Carlson Bier brings you. From seeking rightful compensation for your physical suffering and emotional distress till claiming resources needed for life-long healthcare needs by holding at-fault parties accountable under law; we assure you personalized representation throughout.

There are specific legal intricacies associated with filing lawsuits around birth injuries, which might make it overwhelming for affected families. Though each case differs considering facts uniquely attributable to them, few essential steps remain constant:

⁃ Fact Handling: Analyze all available documents including medical records from relevant places like hospitals/nurseries; witness statements (if any), etc.

⁃ Legal Research: Dive deep into Federal and State laws helping build/settle your case within Illinois jurisdiction.

⁃ Case Handling: Determining liability, calculating damages, negotiating with insurance companies and more.

At Carlson Bier, we witness firsthand how birth injuries can impact both the child’s life quality and their family’s emotional balance. We’re driven to alleviate this burden through our in-depth understanding of Illinois Personal Injury Law, dynamic legal strategy development reflecting unique client needs.

Having professional legal guidance during these harrowing times isn’t a luxury; it’s a necessity. Our attorneys take time listening to your concerns – discussing possible courses of action tailored toward achieving desired outcomes whether it involves litigation or settlement discussions. It’s about bringing you justice while supporting you every step throughout this emotionally draining process.

We believe that every family should live peacefully without unjust burdens brought on by avoidable medical mishaps. Don’t suffer in silence if your child or someone close is suffering due to birth trauma caused by another party’s negligence or misconduct. With an attorney from Carlson Bier at your side, you will find yourself equipped with legal guidance rooted in compassion, understanding, and utmost professionalism.

Taking decisive steps now can help protect the future of your little one. Reach out for a free case consultation today to explore options ahead without any financial obligation on your part until we win! You have nothing to lose but everything to gain in terms of peace of mind knowing we’re fighting for what rightfully belongs to you. Just click the button below to start exploring how much your case could be worth – let us at least have a shot at making things right again for both you & most importantly -your loved ones who need it most!

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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 Elwood

Areas of Practice in Elwood

Bike Crashes

Expert in legal services for people injured in bicycle accidents due to negligent parties' carelessness or dangerous conditions.

Burn Burns

Supplying expert legal advice for people of major burn injuries caused by events or carelessness.

Hospital Malpractice

Extending professional legal representation for victims affected by healthcare malpractice, including misdiagnosis.

Items Liability

Taking on cases involving dangerous products, delivering adept legal assistance to victims affected by defective items.

Senior Misconduct

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

Stumble and Trip Occurrences

Skilled in tackling trip accident cases, providing legal support to sufferers seeking redress for their damages.

Infant Injuries

Delivering legal assistance for households affected by medical negligence resulting in infant injuries.

Auto Incidents

Mishaps: Devoted to assisting individuals of car accidents get fair payout for wounds and losses.

Motorbike Crashes

Focused on providing representation for riders involved in scooter accidents, ensuring rightful claims for harm.

Semi Collision

Offering experienced legal assistance for persons involved in trucking accidents, focusing on securing rightful settlement for injuries.

Construction Site Crashes

Dedicated to supporting staff or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Cognitive Impairments

Committed to ensuring specialized legal advice for persons suffering from neurological injuries due to incidents.

Dog Bite Traumas

Expertise in addressing cases for victims who have suffered harms from dog bites or wildlife encounters.

Pedestrian Incidents

Dedicated to legal support for foot-travelers involved in accidents, providing comprehensive support for recovering damages.

Unjust Demise

Advocating for loved ones affected by a wrongful death, delivering caring and expert legal support to ensure restitution.

Neural Impairment

Expert in defending persons with spinal cord injuries, offering compassionate legal services to secure compensation.

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Contact Us Today if you need a Person Injury Lawyer

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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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