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Birth Injuries in Fairmont

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

When dealing with the sensitive matter of Birth Injuries, Carlson Bier stands as a beacon of hope and justice. Committed to representing Fairmont residents tenaciously in court or at the negotiation table, our firm’s reputable expertise is unparalleled. Our dedicated attorneys approach each case with a unique strategy tailored according to your specific needs while ensuring every possible avenue for compensation is explored rigorously. We understand that birth injuries can lead not only to emotional but also financial distress; hence our goal remains focused on achieving maximum recompense for families bearing such unfortunate burdens. Experience and knowledge enable Carlson Bier’s team to navigate complicated medical terminology and processes effortlessly, which ultimately proves instrumental in securing fair settlements fittingly reflective of clients’ individual circumstances. To secure peace of mind amid testing times, trust none other than Carlson Bier: an advocate prepared meticulously not just represent you—but fight relentlessly for the justice you deserve from any birth injury related incidents.

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About Carlson Bier

Birth Injuries Lawyers in Fairmont Illinois

At Carlson Bier, we specialize in aiding individuals who have suffered personal injury or losses. Our primary goal is to provide you with comprehensive legal help and guidance especially prevalent in cases of birth injuries. Our team of attorneys based in Illinois bring years of experience and a wealth of knowledge to the fore, dedicatedly working towards securing compensation for your emotional distress, medical expenses, loss of wages or other related challenges you may face due to these unfortunate incidents.

Birth injuries are deeply complex and an emotionally charged area of law given their direct bearing on newborns and infants. In fact, they rank as one of the most devastating forms of personal injury given the lifelong impact they could potentially impose on the child’s existence. There are multifarious aspects pertaining to birth injuries ranging from medical malpractice during delivery causing brain damage, or cerebral palsy due to negligence resulting in lack of oxygen supply (Hypoxic Ischemic Encephalopathy), shoulder dystocia leading to bone fractures among other complications.

Understanding Birth Injuries:

• Brain Damage: Medical negligence such as poor fetal monitoring can result in traumatic birth causing brain damage.

• Cerebral Palsy: Often results from delivery room errors leading to insufficiency in oxygen supply.

• Hypoxic-Ischemic Encephalopathy (HIE): This refers to brain dysfunction caused by reduced blood flow or oxygen supply.

• Shoulder Dystocia: Mismanagement here can cause excessive force during delivery resulting in severe conditions such as Erb’s palsy.

The knowledgeable and empathetic team at Carlson Bier ensure that every case is evaluated thoroughly – meticulously piecing together facts while liaising with medical professionals for expert witness testimonies where necessary. Our focus remains unwavering when it comes accessing justice for your family while considering the unique needs for dealing with birth injuries – both immediate and those that will unfold over time like provision for long-term care or special educational needs.

As your trusted legal support, we painstakingly navigate through the complexity of laws concerning birth injuries. Claims often require demonstrating an untoward medical action (or inaction) that progressed to such an injury. Our efforts are aimed at protecting your interests while taking into account the profound emotional and financial impact these cases usher on families. We channelize our litigation expertise towards establishing negligence comprehensively, fortifying every part of your case right from comprehensive investigations and handling insurance companies to fighting tirelessly for you in court if need be.

Settlements or jury verdicts can go a long way in mitigating living expenses, covering ongoing healthcare costs, providing for special education-related needs, reconstructive surgeries along with compensation for emotional distress and loss of income among other aspects.

We believe it’s not just about winning the case but restoring hope and forging a pathway to recovery post the monumental challenges inflicted by incidences resulting birth injuries. At Carlson Bier we’re dedicated to helping individuals make sense of their predicament while being firmly committed to seeking justice on their behalf.

If you suspect any possibility of medical negligence attributing to birth injuries your child suffered during childbirth – reach out today! There is no risk involved as we operate on a contingent fee basis: meaning – YOU DON’T PAY UNLESS WE WIN YOUR CASE! Transparency lies at the core foundation of our engagement model as we patiently guide you through every stage explaining potential outcomes within different scenarios.

It’s only natural then that next step is finding how much standing can your case hold in light of Illinois law for compensatory claims relevant to birth injury-related lawsuits? Provided below is an easy access button leading you onto a form where sharing details related to your scenario can help us understand better thereby evaluating appropriately. Click below without further ado, Kirk Carlson & Paul Bier are here listening for they believe that true victories lie in making a difference when it matters 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 Fairmont

Areas of Practice in Fairmont

Two-Wheeler Collisions

Dedicated to legal assistance for individuals injured in bicycle accidents due to negligent parties' carelessness or risky conditions.

Thermal Injuries

Extending adept legal services for patients of serious burn injuries caused by occurrences or misconduct.

Healthcare Misconduct

Delivering professional legal assistance for persons affected by medical malpractice, including wrong treatment.

Commodities Obligation

Managing cases involving faulty products, offering skilled legal assistance to clients affected by product-related injuries.

Senior Mistreatment

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

Tumble and Slip Occurrences

Professional in addressing fall and trip accident cases, providing legal support to individuals seeking compensation for their damages.

Childbirth Injuries

Providing legal aid for households affected by medical carelessness resulting in infant injuries.

Car Accidents

Crashes: Focused on helping victims of car accidents obtain just recompense for harms and impairment.

Motorbike Incidents

Committed to providing legal assistance for victims involved in bike accidents, ensuring fair compensation for damages.

Trucking Mishap

Ensuring expert legal support for victims involved in truck accidents, focusing on securing rightful claims for injuries.

Construction Accidents

Concentrated on representing workmen or bystanders injured in construction site accidents due to safety violations or negligence.

Brain Damages

Committed to delivering specialized legal services for victims suffering from cognitive injuries due to carelessness.

K9 Assault Harms

Expertise in dealing with cases for persons who have suffered traumas from puppy bites or beast attacks.

Foot-traveler Crashes

Specializing in legal representation for foot-travelers involved in accidents, providing expert advice for recovering claims.

Unwarranted Passing

Striving for families affected by a wrongful death, supplying compassionate and adept legal support to ensure justice.

Neural Damage

Committed to advocating for persons with spine impairments, offering professional legal representation to secure redress.

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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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