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Birth Injuries in Gibson City

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

When facing the daunting reality of a birth injury, you deserve incomparable legal representation to guide you through. That’s where Carlson Bier enters the picture–not just as advocates but genuine partners committed to your cause. With decades of experience focusing on Birth Injuries cases in unparalleled depth and breadth alike, our firm has a resilient track record in navigating complex medical malpractices and insurance procedures with aggressive strategic finesse. Our approach is tenacious yet compassionate; we understand the emotional toll such incidents carry hence fostering an environment of comfort throughout proceedings in unthinkable times like these. We relentlessly strive for justice by ensuring responsible parties are held accountable thereby securing rightful compensation essential for long-term care needs or irreparable damages faced due to negligent practices leading up to birth injuries within Gibson City territory according to Illinois law*. Trusting Carlson Bier equals entrusting seasoned experts acknowledged for their acumen, integrity and using their deep understanding into dissecting convoluted aspects involved in battling Birth Injuries cases thus fulfilling our commitment towards championing your rights empathetically yet assertively every step of the way.*Determination made jurisdictionally

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Gibson City Illinois

At Carlson Bier, we are dedicated to advocating for those who have faced the unthinkable – birth injuries. Drawing on our years of experience and deep understanding of Illinois law, our team is equipped with the skill and tenacity needed to fight for justice in these complex cases. There’s a great deal to understand about birth injuries, and having this knowledge can be incredibly empowering for families forced into these distressing situations.

Firstly, note that a ‘birth injury’ generally refers to any damage or harm inflicted upon an infant during childbirth. These injuries might occur due to multiple reasons comprising medical neglect, improper use of medical tools, or errors made during cesarean sections among others.

Understanding if your child’s condition qualifies as a birth injury is crucial. Some common types include Cerebral Palsy – caused primarily by brain damage; Perinatal Asphyxia – where the baby doesn’t receive sufficient oxygen resulting in physical and cognitive issues; Brachial Plexus Injury – commonly known as Erb’s Palsy which could lead to partial or total arm paralysis; Bone Fractures – often occurring during difficult deliveries; Caput Succedaneum – swelling & bruising on a newborn’s scalp due to pressure from birthing equipment; amongst several other conditions associated with negligent care.

The paramount question then becomes- how do you determine if medical negligence was present? Evidence such as disregard towards standard procedures, overlooking critical signs that indicate a problem during childbirth, failure in using necessary equipments correctly or inappropriate response when complications arose can point towards potential wrongdoings. A seasoned personal injury lawyer can help deduce legal liability while establishing evidence effectively.

Legal cases around birth injuries are quite intricate wherein numerous factors come into play. The notion of ‘Standard of Care’ holds significance here–a legal term referring to appropriate healthcare level provided under specific circumstances based on set benchmarks. If proven that the delivered care was beneath this standard leading to injury, it forms the foundation for a lawsuit. Consultation with a certified medical expert is generally enacted to validate this.

Medical expenses revolving around birth injuries can be dauntingly high. Valid cases can successfully claim financial reparations accounting for past and looming healthcare costs, therapy and rehabilitation charges, loss of earning potential in case of severe disabilities as well as pain & suffering inflicted on the child and family.

At Carlson Bier, we commit ourselves in supporting you through these complex legal terrains while ensuring thorough examination of your situation so that you get the justice you deserve. We understand that no amount of compensation could ever make up for your distress but strive to provide some respite by making those responsible accountable.

Know that trials against medical institutions or professionals are challenging battles often involving powerful insurance companies armed with a repository of resources. Hence availing an experienced personal injury attorney significantly tilts the scale towards your favor securing rightful compensation and serves necessary closure during such critical times.

Bear in mind that every state has its own ‘statute of limitations’ – yours might have only a certain time span to bring forth a lawsuit from when the injury occurred or was discovered. Our law firm has adept expertise to promptly initiate actions while meticulously assembling all requisite details eliminating any probable forfeiture of rights due to delayed filings.

Now that we’ve shed light over important aspects around birth injuries, know where your strength lies – in awareness about your rights and standing up against any injustice aided with competent legal representation. At Carlson Bier, our work doesn’t just revolve around winning cases; it’s equally about pursuing truth, holding culprits accountable and most importantly– safeguarding precious lives from preventable harm.

While shining light upon unfortunate circumstances like birth injuries is certainly difficult but absolutely crucial – Know that knowledge empowers action! And perhaps knowing what you’re dealing with can help navigate these troubled waters more effectively providing clarity amidst chaos- That’s how ripples forge into waves!

We encourage you to take this newfound understanding and reach the next step – click on the button below, let our expert team at Carlson Bier provide a detailed review of your case completely free of cost! Yes, you read it right- No strings attached! Find out just how much your case could potentially be worth. Remember- there’s strength in fight; Let us cast that first stone for 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 Gibson City

Areas of Practice in Gibson City

Cycling Collisions

Proficient in legal advocacy for individuals injured in bicycle accidents due to others's indifference or hazardous conditions.

Scald Wounds

Supplying specialist legal services for patients of severe burn injuries caused by mishaps or recklessness.

Healthcare Incompetence

Extending professional legal representation for victims affected by physician malpractice, including medication mistakes.

Merchandise Responsibility

Managing cases involving problematic products, extending adept legal guidance to individuals affected by product-related injuries.

Geriatric Misconduct

Protecting the rights of seniors who have been subjected to mistreatment in aged care environments, ensuring compensation.

Fall and Slip Incidents

Adept in managing stumble accident cases, providing legal representation to clients seeking recovery for their harm.

Childbirth Damages

Extending legal guidance for families affected by medical negligence resulting in birth injuries.

Auto Accidents

Crashes: Dedicated to supporting patients of car accidents obtain appropriate recompense for injuries and harm.

Motorcycle Collisions

Specializing in providing legal support for victims involved in two-wheeler accidents, ensuring just recovery for traumas.

Trucking Incident

Ensuring professional legal advice for individuals involved in lorry accidents, focusing on securing just claims for hurts.

Construction Accidents

Focused on advocating for workmen or bystanders injured in construction site accidents due to safety violations or recklessness.

Brain Impairments

Committed to providing professional legal advice for victims suffering from head injuries due to accidents.

Dog Bite Injuries

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

Pedestrian Collisions

Focused on legal assistance for walkers involved in accidents, providing professional services for recovering claims.

Wrongful Passing

Advocating for families affected by a wrongful death, supplying compassionate and professional legal services to ensure restitution.

Backbone Injury

Expert in assisting patients with spinal cord injuries, offering compassionate legal services 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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