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Birth Injuries in Justice

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

About Carlson Bier Associates

When a birth injury occurs, navigating the complexities of litigation can be overwhelming for families. Carlson Bier is your best option in such circumstances. Our expert legal team possesses victim-centered skills and immense knowledge about birth injuries related cases in Justice city. With years of experience, we have made significant strides within Illinois’ justice system, tirelessly advocating for our clients’ rights. We strive to pursue fair compensation from medical professionals or hospitals liable for causing such heartbreaking situations during childbirth through negligence or recklessness. Choosing us means securing tenacious representation that empathetically encompasses your hopes and pain while strategically focusing on productive outcomes worn from resilience and law prowess unmatched by any other firm across Illinois state lines. Trusting Carlson Bier ensures personalized attention to each case’s finer details plus commitment towards unfaltering pursuit of justice – because when it comes to shielding the most vulnerable victims from life-altering inadvertences, every bolt should decidedly veer towards countering those who tread negligently on innocence’s path.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Justice Illinois

At Carlson Bier, we are a seasoned team of personal injury attorneys dedicated to serving clients across Illinois. Our expertise extends across a wide range of legal arenas, with particular emphasis on birth injuries. Birth injuries refer to damages suffered by infants during pregnancy, delivery, or shortly after birth due to medical malpractice or negligence. The effects can be profound and life-altering not only for the child but also the entire family.

Birth injuries can take multiple forms. To guide your understanding further, some of these consist of:

• Brachial Plexus Injuries: These involve damage to the bundle of nerves responsible for arm and hand movement.

• Cerebral Palsy: This neurological disorder stemming from brain damage affects balance, movements & muscle tone.

• Perinatal Asphyxia: Lack of oxygen during childbirth potentially causing irreversible harm.

Understanding these variations is critical since they result from different scenarios in which healthcare professionals may have acted negligently.

Such complexities highlight why expert legal assistance is vital. At Carlson Bier, our skilled lawyers thoroughly analyze each case individually – reviewing medical records, interviewing concerned parties and consulting medical experts when necessary – so nothing gets overlooked.

Our compassionate yet assertive approach ensures that you receive the right compensation for the emotional trauma and healthcare costs related to caring for your injured child. However, navigating successful litigation in this field requires more than just compassion, it demands an intricate knowledge about relevant laws as well as experience dealing with hospitals’ defense strategies.

Notably among these is Illinois’ statute limitation stating that birth injury claims must be filed within 8 years from when the injury was or should have been discovered; underscored by the fact that lawsuits cannot be initiated once a child turns 22 years old– regardless of when an injury’s symptoms surface initially. Thus emphasizing how valuable early legal consultation becomes in maximizing potential outcomes successfully while respecting all appropriate deadlines and conditions.

An equally notable aspect involves financial compensation limits; In Illinois, there are no caps on the number of damages awarded in birth injury cases. This allows for full compensation that thoroughly reflects your family’s suffering extent and offers comprehensive support towards necessary ongoing care provisions.

Having a dedicated personal injury attorney from Carlson Bier by your side ensures meticulous adherence to these regulations while aggressively advocating for you and your child’s rights. We are well-versed with intricacies in the realm of medical malpractice, enabling us to expose negligent practitioners and establishments.

It is essential not only to understand birth injuries but also to be aware that taking prompt legal action enhances success chances in such cases. With burgeoning healthcare costs and life-changing impacts, these matters shouldn’t be left to chance or time-delayed decisions; instead, they require immediate attention from skilled attorneys experienced specifically in these delicate areas who can provide both empathetic understanding and robust representation against those liable.

At Carlson Bier, we acknowledge the emotional turmoil involved when confronted with a birth injury diagnosis. In response, we seek justice relentlessly using our legal skills honed over years of dedicated service across Illinois striving consistently towards securing maximum potential compensation required for long-term medical care needs as well as redressing associated pain & distress suffered unwarrantedly due to others’ negligence.

While each case carries its unique set of circumstances – one factor remains consistent throughout all efforts: our commitment at Carlson Bier consistently aims at securing peace-of-mind needed so families can focus their energies where it matters most – supporting their child through potentially challenging times ahead whilst confronting hope courageously – every step forward!

Ready to discuss potential options further? Click on the button below now! Our team would sincerely love speaking with you about better understanding this path forwards towards unearthing how much your particular case may be worth considering everything at stake currently – Acting efficiently by establishing early contact initiates momentum on possible actions needed hence asserting rightful claims effectively!

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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 Justice

Areas of Practice in Justice

Bicycle Mishaps

Expert in legal support for individuals injured in bicycle accidents due to others's carelessness or unsafe conditions.

Fire Wounds

Offering specialist legal help for victims of intense burn injuries caused by accidents or indifference.

Medical Carelessness

Providing experienced legal services for victims affected by medical malpractice, including negligent care.

Items Responsibility

Taking on cases involving problematic products, offering specialist legal support to consumers affected by harmful products.

Senior Malpractice

Protecting the rights of the elderly who have been subjected to mistreatment in senior centers environments, ensuring justice.

Slip & Tumble Incidents

Specialist in tackling slip and fall accident cases, providing legal support to victims seeking compensation for their damages.

Childbirth Injuries

Offering legal guidance for families affected by medical carelessness resulting in childbirth injuries.

Car Collisions

Accidents: Dedicated to helping clients of car accidents gain reasonable remuneration for damages and impairment.

Scooter Incidents

Committed to providing legal support for victims involved in two-wheeler accidents, ensuring just recovery for injuries.

Semi Incident

Delivering adept legal assistance for victims involved in lorry accidents, focusing on securing rightful recompense for injuries.

Construction Site Crashes

Committed to defending employees or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Head Harms

Expert in offering compassionate legal assistance for persons suffering from brain injuries due to accidents.

Dog Bite Traumas

Proficient in dealing with cases for clients who have suffered harms from puppy bites or creature assaults.

Pedestrian Collisions

Expert in legal services for foot-travelers involved in accidents, providing effective representation for recovering claims.

Unjust Passing

Working for relatives affected by a wrongful death, extending caring and experienced legal assistance to ensure justice.

Backbone Trauma

Dedicated to supporting clients with paralysis, offering dedicated legal guidance to secure recovery.

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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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