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Birth Injuries in Hinckley

Birth Injuries Trial Lawyers
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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

If you’re facing the traumatic and daunting reality of a birth injury in Hinckley, Illinois, there’s one advocate you need on your side: Carlson Bier. As experts in Birth Injuries law, it’s evident that understanding this complex area requires more than cursory knowledge; it demands extensive experience and incisive skills–embodied by our team at Carlson Bier. Our relentless commitment to seeking justice for these deeply personal cases is unrivaled. We are proud to have bedrock-ethics teams who understand how intricate birth injuries can be; whether physical trauma or neurodevelopmental disorders like cerebral palsy manifesting after delivery—anxiety about the future multiplies tenfold. Each case unfurls unique complexities so we adapt our legal strategies accordingly with finesse instead of a one-size-fits-all approach—and that truly sets us apart from other firms. For an unwavering dedication towards achieving equity—Carlson Bier stands tall in carrying out ethical representation above all else. Let us guide you through this challenging time…we promise not just mere service but empathetic support through legal counsel at every step.

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About Carlson Bier

Birth Injuries Lawyers in Hinckley Illinois

At Carlson Bier, our dedicated team of personal injury lawyers specializes in dealing with birth injuries. Based in Illinois, we understand the emotional turmoil and financial hardship that can accompany such traumatic experiences. We strive to provide our clients not only with expert legal assistance but also compassionate understanding.

When it comes to birth injuries, they fall into two main types: those caused by mechanical forces during the delivery process (like pressure or traction) and those arising from medical negligence or malpractice. The former may include conditions like Bone Fractures or Brachial Plexus Injuries occurring due to the physical strains of childbirth; the latter might involve situations where a healthcare provider did not maintain standard care levels resulting in preventable harm to mother or child.

Here are some essential points about Birth Injuries:

• Not all birth complications are classified as “birth injuries.” Health conditions inherent from pregnancy don’t qualify unless proved that insufficient prenatal care led to them.

• Both babies and mothers can suffer from these injuries. They range from minor bruises on the baby’s body, significant brain damage,sometimes even maternal deaths.

• Medical professionals have a ‘duty of care’ towards their patients implying they should provide tolerably competent service according to accepted standards. A breach of this duty causing harm is known as Medical Negligence.

If you suspect your child suffered an injury caused by negligence during labor/delivery, legal support is crucial for justice and compensation needed for your child’s care throughout his/her life time.

The first thing we do at Carlson Bier is perform a detailed investigation into your case. This includes reviewing medical records, consulting medical experts if necessary, interviewing witnesses and gathering important evidence related to your case. The objective is twofold – determine whether malpractice occurred and ascertain what impact it had on you and your child’s life.

One common misconception amongst individuals seeking litigation following a birthing injury is that they directly sue particular doctors or nurses involved in the process. However, it is often the case that inappropriate protocols or systemic issues within a hospital are to blame. This is why legal proceedings are frequently conducted against healthcare facilities or providers as corporate entities.

Lastly, at Carlson Bier we work on contingency basis meaning you do not pay unless we win your case. We believe access to justice should never be hindered by lack of financial resources and hence, our fee system ensures no upfront costs for clients.

Dealing with birth injuries can be a challenging time full of uncertainty and stressful decisions. That’s where we come in; Carlson Bier will ensure those responsible for your distress are held accountable while also navigating through this complex phase towards a promising future.

Click the button below to find out more about how much your case could potentially be worth. At Carlson Bier, we stand ready – committed not only to get you the compensation you deserve but also peace of mind that comes with knowing justice has been served!

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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 Hinckley

Areas of Practice in Hinckley

Bike Mishaps

Dedicated to legal advocacy for persons injured in bicycle accidents due to responsible parties' negligence or hazardous conditions.

Thermal Injuries

Supplying expert legal services for individuals of severe burn injuries caused by occurrences or recklessness.

Clinical Malpractice

Providing dedicated legal services for clients affected by physician malpractice, including misdiagnosis.

Items Responsibility

Taking on cases involving defective products, supplying professional legal support to customers affected by product-related injuries.

Senior Malpractice

Representing the rights of seniors who have been subjected to misconduct in elderly care environments, ensuring restitution.

Stumble & Slip Mishaps

Specialist in addressing slip and fall accident cases, providing legal services to clients seeking redress for their injuries.

Newborn Damages

Offering legal support for kin affected by medical incompetence resulting in childbirth injuries.

Vehicle Incidents

Accidents: Devoted to assisting individuals of car accidents obtain equitable compensation for harms and destruction.

Motorbike Collisions

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

Big Rig Accident

Providing expert legal services for clients involved in trucking accidents, focusing on securing just recovery for damages.

Worksite Accidents

Dedicated to supporting staff or bystanders injured in construction site accidents due to recklessness or negligence.

Neurological Impairments

Committed to offering compassionate legal services for victims suffering from head injuries due to incidents.

Canine Attack Wounds

Expertise in dealing with cases for clients who have suffered damages from dog bites or creature assaults.

Pedestrian Mishaps

Dedicated to legal support for cross-walkers involved in accidents, providing dedicated assistance for recovering damages.

Wrongful Passing

Standing up for relatives affected by a wrongful death, extending understanding and skilled legal assistance to ensure fairness.

Neural Harm

Expert in representing victims with backbone trauma, offering expert legal assistance to secure compensation.

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