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Birth Injuries in Fairmount

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Carlson Bier is a distinguished personal injury law firm proficient in handling sensitive and complex cases involving birth injuries. Birth injuries can trigger extraordinarily challenging times for families, requiring adept representation to navigate these murky waters efficiently. Leveraging substantial expertise in this field, we are diligent about securing justified compensation for medical expenses, emotional distress, and long-term care needs that often accompany birth injuries. With Carlson Bier by your side, you gain the advantage of having an experienced negotiator to fight for your rights relentlessly against insurance companies or negligent parties. Our reputation extends throughout Illinois as champions of justice with prevailing results in obtaining significant settlements for our clients dealing with serious consequences from birth injuries; making us a strong contender within the state’s legal arena. In considering attorneys fit to handle such delicate matters effectively and expediently, Carlson Bier embodies clear value through professional integrity demonstrated consistently across all service interactions paired with stringent dedication towards achieving favorable outcomes toward our clients’ best interests living within Fairmount’s supportive community.

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About Carlson Bier

Birth Injuries Lawyers in Fairmount Illinois

Welcoming you to Carlson Bier, your top-tier full-service personal injury law firm based in Illinois. Guiding you with a complete understanding of Birth Injuries is our purpose today. We understand that navigating birth injuries can be both devastating and complex due to the sensitive nature attached to these unfortunate events.

Firstly, it’s indispensable to have clarity about what constitutes birth injuries. They are potentially life-changing complications that may occur during child labor or delivery, drastically impacting a newborn’s quality of life and posing significant financial burdens on families. This category includes incidents such as cerebral palsy, mental retardation caused by oxygen deprivation, brachial plexus palsy (Erb’s Palsy), Klumpke’s Palsy, bone fractures incurred during delivery, amongst other concerns.

These mishaps often emanate from various sources including medical negligence during prenatal care; physicians’ failure to anticipate potential complications given a baby’s size or due to tangled umbilical cords; negligent prescription practices harming the fetus; surgical errors during Cesarean sections and failure in diagnosing/treating infections in the mother which may affect their unborn child.

• Medical Negligence: Pertains primarily to oversights made by healthcare providers who do not adhere strictly to established procedures or use appropriate caution.

• Surgical Errors: These involve mistakes made while conducting C-sections resulting in harm inflicted upon either mother or child

• Incorrect Medications/Prescriptions: Cause harm when prescribed drugs interact negatively with the pregnancy

The Carlson Bier team comprises tenacious personal injury attorneys well-versed with birth injury cases across Illinois. Our legal support blends deep legal knowledge with compassionate assistance aimed at achieving justice for our clients dealing with tremendously challenging circumstances surrounding birth injuries. Straightforwardness coupled with direct communication remains at the heart of every relationship we seed ensuring each client thoroughly understands their position and how best we intend safeguarding their interests throughout proceedings.

However distraught you might feel considering the trauma experienced, it’s essential to know that there’s legal recourse you can seek. Carlson Bier is unwavering in its endeavor of pursuing liable parties involved while standing resolute with our clients every step of the way – from case analysis through potent litigation culminating in rightful compensation.

Birth injury claims fall within special parameters in Illinois law owing to statute limitations dictating a strict time period allowed for filing such claims which usually extends up till eight years post-birth. However, exceptions exist considering specific conditions that’d allow stretching this duration and are often reliant on individual cases.

• Statute of Limitations: The timeframe during which parents/adults must file birth injury lawsuits.

• Tolling for Minors: Allows an individual who was injured as a minor to sue for injuries sustained until 2 years after reaching maturity (turning 18).

Turn adversity into action! The first logical move towards recovery and ensuring justice for your child starts by clicking on the button below. Discover your case’s worth and make informed choices moving forward strengthened by our specialist attorneys at Carlson Bier backing you unfailingly without equivocation. Your spark of hope lies but mere moments away; let us guide you towards transforming personal suffering into significant victory! None should bear the burden of negligence alone; Be more aware, better prepared, legally poised…with us at your side providing strength against adversity all along your path to justice.

Bear in mind, while we’re completely equipped and primed to serve residents across various locales throughout Illinois including Fairmount, we cannot mislead or suggest having physical offices anywhere save except our actual locations as required under Illinois State Law. Therefore, refrain from misconstruing any references about serving clients across myriad locales as implying the existence of physical office spaces therein. We uphold honorable practices maintaining absolute compliance pertaining state advertising regulations pivoting around legal services ensuring clean consciences drive excellent performance suited perfectly meeting client needs reliably. The satisfaction of our clientele mirrored in successful litigation forges us ahead, committed to the pursuit of justice!

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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 Fairmount

Areas of Practice in Fairmount

Cycling Mishaps

Specializing in legal advocacy for victims injured in bicycle accidents due to others' negligence or perilous conditions.

Burn Burns

Offering expert legal advice for patients of serious burn injuries caused by accidents or negligence.

Medical Incompetence

Delivering professional legal representation for victims affected by clinical malpractice, including wrong treatment.

Goods Obligation

Addressing cases involving defective products, extending expert legal guidance to individuals affected by defective items.

Geriatric Mistreatment

Defending the rights of aged individuals who have been subjected to mistreatment in aged care environments, ensuring fairness.

Trip & Fall Mishaps

Skilled in dealing with stumble accident cases, providing legal services to persons seeking justice for their harm.

Newborn Damages

Supplying legal support for loved ones affected by medical incompetence resulting in infant injuries.

Car Mishaps

Accidents: Dedicated to assisting clients of car accidents obtain fair recompense for hurts and harm.

Bike Collisions

Dedicated to providing legal support for motorcyclists involved in bike accidents, ensuring fair compensation for traumas.

Trucking Crash

Delivering adept legal support for clients involved in big rig accidents, focusing on securing rightful recovery for damages.

Construction Accidents

Dedicated to representing workmen or bystanders injured in construction site accidents due to carelessness or recklessness.

Brain Injuries

Focused on ensuring expert legal services for victims suffering from neurological injuries due to negligence.

Dog Bite Damages

Specialized in dealing with cases for clients who have suffered injuries from puppy bites or animal assaults.

Foot-traveler Incidents

Expert in legal support for pedestrians involved in accidents, providing dedicated assistance for recovering recovery.

Unjust Loss

Standing up for relatives affected by a wrongful death, supplying sensitive and professional legal support to ensure redress.

Spinal Cord Trauma

Dedicated to advocating for patients with backbone trauma, offering specialized 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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