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Birth Injuries in Franklin

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About Carlson Bier Associates

When it comes to birth injury cases, choosing Carlson Bier is your finest option for legal representation in Illinois. We are personal injury attorneys, and our combined expertise allows us to successfully tackle the complex path that such disputes often take – ensuring justice for families affected by birth injuries. Our meticulous approach leaves no stone unturned as we build a formidable case on your behalf. Should you reside in Franklin or its surrounding areas, know that our team has successfully handled numerous birth injuries litigation across the state of Illinois; proximity will not hinder our commitment toward clients near and far. Carlson Bier takes pride in ensuring every client feels seen, heard, understood with empathetic counsel available at their disposal throughout this challenging time of life navigation following unfortunate occurrences around childbirth. With relentless passion for fairness and truth efficiency reflected robustly in previous successful outcomes among similar claim scenarios – we stand ready to advocate fiercely on behalf of you and your child’s voice within the court proceedings space itself or via settlement discussions alike.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Franklin Illinois

As a respected law firm, Carlson Bier has established a solid reputation in the legal field as reliable Personal Injury Attorneys, specializing in bringing justice to those who have been wronged through birth injuries. Birth injuries can have life-altering effects on both children and their families, impacting not only their physical well-being but also their emotional and financial conditions significantly. Due to these severe consequences, it becomes crucial that you seek out expert guidance from proven legal professionals like the team at Carlson Bier.

In terms of overall understanding, birth injuries refer to any complication or harm caused during labor or delivery to either the mother or baby due to various factors such as negligence by medical personnel, hospital errors or even pharmaceutical mistakes among others. According to extensive research studies:

• Approximately 28% of all birth injury lawsuits are associated with delayed C-sections.

• Oxygen deprivation accounts for nearly 23% of reported instances.

• Misuse of forceps and other birthing tools contribute around 13% of total cases.

This kind of detailed knowledge about patterns allows us at Carlson Bier to better navigate your case and secure rightful compensation for damages incurred.

Within Illinois state laws on personal injury claims especially related with birth injuries, everything from direct medical expenses coupled with future requirements encompassing long-term care services or specialized equipment – right up till non-monetary losses including pain and suffering; all aspects get accounted into settlement calculations making them decidedly complex affairs which require seasoned legal skills provided amply by our experienced attorneys here at Carlson Bier.

Our approach towards representing clients is tailored uniquely based upon individual experiences because no two cases are ever identical when dealing with such personal matters. We work collaboratively alongside our clients every step along this challenging journey – starting right off initial consultations going over specifics pertaining to your circumstances until we successfully bring closure via appropriate restitution suited specifically around each client’s unique needs thereby ensuring fair representation across board always remains our number one priority.

When you put your trust in Carlson Bier, your case is handled with utmost diligence and professional dedication. Our years of experience and the in-depth knowledge of legal nuances within birth injury cases have helped many families reclaim their lives by securing justified compensation to cover intensive medical treatments, ongoing care, rehabilitation costs as well as for pain and suffering due to untoward circumstances surrounding birth injuries.

Remember that each state has its statute of limitations which dictates the timeframe during which a law suit can be filed post incident. Specifically according to Illinois’ statute of limitations on personal injury claims; you must file a lawsuit within two years from when the incident occurred or was discovered. Don’t let time impede your rightful claim; hence it’s imperative you act swiftly.

Having won numerous cases in this specific area has elevated our confidence when claiming that Carlson Bier stands as one of the most adept Personal Injury Attorney Groups across Illinois especially suited for dealing with birth injury related lawsuits – thanks largely due to their extensive body of accomplished history within these matters along with demonstrated capabilities towards delivering results consistently.

Navigating through legal systems can often turn into an overwhelming process filled with conflicting procedures or complex regulations which makes having qualified support profoundly significant particularly under such sensitive situations like birth injuries. Let our expertise guide you smoothly towards seeking justice for a better tomorrow ahead.

To assist you further down this route, please click on the button below. Upon providing us with some specifics about your case via this tool – we at Carlson Bier would be able to offer insights pertaining to how much might essentially be deemed possible for settlement upon evaluating intricate details around unique scenarios connected to different situations inherently associated chiefly within birth injury cases.

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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 Franklin

Areas of Practice in Franklin

Cycling Crashes

Proficient in legal services for clients injured in bicycle accidents due to others' lack of care or unsafe conditions.

Burn Injuries

Giving professional legal advice for victims of serious burn injuries caused by events or recklessness.

Clinical Negligence

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

Products Liability

Taking on cases involving unsafe products, supplying specialist legal services to customers affected by faulty goods.

Aged Mistreatment

Supporting the rights of nursing home residents who have been subjected to abuse in senior centers environments, ensuring protection.

Tumble & Fall Incidents

Skilled in managing trip accident cases, providing legal services to victims seeking recovery for their injuries.

Childbirth Wounds

Supplying legal assistance for relatives affected by medical carelessness resulting in childbirth injuries.

Motor Incidents

Mishaps: Devoted to assisting individuals of car accidents gain fair compensation for hurts and losses.

Bike Mishaps

Expert in providing legal services for victims involved in motorbike accidents, ensuring justice for traumas.

Truck Accident

Ensuring adept legal services for clients involved in trucking accidents, focusing on securing adequate compensation for hurts.

Worksite Collisions

Engaged in advocating for staff or bystanders injured in construction site accidents due to safety violations or misconduct.

Neurological Harms

Specializing in ensuring compassionate legal representation for patients suffering from neurological injuries due to incidents.

Dog Bite Wounds

Skilled in handling cases for clients who have suffered traumas from dog bites or animal attacks.

Pedestrian Incidents

Specializing in legal support for walkers involved in accidents, providing effective representation for recovering damages.

Unjust Passing

Advocating for bereaved affected by a wrongful death, offering understanding and professional legal services to ensure justice.

Spine Injury

Dedicated to defending individuals with spine impairments, offering expert legal assistance to secure settlement.

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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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