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Birth Injuries in Kenilworth

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

When it comes to birth injuries, Carlson Bier is a paramount leader in representing affected families. As skilled birth injury attorneys, they understand the physical and emotional anguish such severe harm can cause newborns and their guardians. Servicing Kenilworth families, their law firm has distinguished itself through dedicated representation and successful litigation over numerous years.

Carlson Bier embodies expertise in Illinois statute on negligence leading to birth trauma – commanding an unrivaled mastery of intricate case details that others might overlook. Their team’s proficiency lies not only in comprehending medical terminology related to childbirth injuries but also translating this knowledge into compelling oral arguments for court hearings.

Choosing Carlson Bier isn’t merely about leveraging legal prowess; it represents partnering with empathy-filled professionals who value your family’s well-being as much as you do. They bring dedication and resilience to every case – continuously fighting until justice prevails for the victims of substandard care during childbirth.

Secure your child’s future today: let Carlson Bier be your channel towards obtaining rightful compensation due under Illinois law following a devastating birth injury experience.

About Carlson Bier

Birth Injuries Lawyers in Kenilworth Illinois

At Carlson Bier, our commitment to understanding and advocating for our clients who have experienced birth injuries is one of the foundations of our personal injury practice. As Illinois’s trusted legal name, we ensure that those affected by such unfortunate incidents receive the knowledge, representation, and compensation they deserve.

Birth injuries— damage or harm to an infant before, during, or immediately after childbirth— are complex events with profound physical and emotional ramifications for all involved. They can arise from several reasons like medical negligence during prenatal care or delivery itself, improper use of forceps or vacuum extractors during delivery, failure to perform a necessary caesarean section in time, and non-recognition or late recognition of fetal distress signs.

In any case involving injury at birth due to healthcare provider’s misjudgment or negligent act remains a matter of serious concern under law. One should keep in mind these key points about birth injuries:

• The conditions that often result from birth injuries include cerebral palsy (which affects muscle coordination), Erb’s palsy (manifesting as weakness in one arm), brain damage that can lead to developmental delays, hypoxic-ischemic encephalopathy (a form of brain dysfunction brought on by lack of oxygen) among others.

• It’s possible to recover damages not only for immediate medical bills but also ongoing therapy expenses and long-term care costs – importantly these might encompass future lost earnings if the child will be unable to work as an adult.

• In Illinois you usually have two years from when you discovered—or should’ve reasonably known—that negligence caused the birth injury: However for minors -the clock doesn’t start running until their 8th birthday.

Cases regarding birth injuries demand extensive understanding of both medicine and law interconnections. Here at Carlson Bier we provide combined legal-medical competency assuring vigorous examination gathering evidence/license/record verification along with thorough expert testimonies assessments vital towards building robust claims – ultimately enhancing potential for substantial compensation success. Our team coordinates all these tasks – ceaselessly working towards elucidating legal implications, the risks involved, available redress mechanisms while ensuring seamless communication throughout the litigation process.

Moreover, each birth injury case our attorneys handle follows a strategic, systematic approach to ensure robust representation. During this painstaking journey in pursuit of justice, we not only focus on achieving the claim but also emotionally support families through this grievous situation – offering supportive hand holding – letting you concentrate on your child’s care and well-being instead of worrying about legal complexities.

Lastly and most importantly, at Carlson Bier we’re always attentive regarding Illinois professional ethics rules which prohibits misleading location representations and strictly adheres to it.

Navigating through a birth injury lawsuit is overwhelming. But remember one crucial notion— you are not alone .We stand by you and travel with you along this difficult path till eventual resolution– aiming ultimately for that light at tunnel’s end wherein lies deserved indemnity restoring your family’s much needed normal living.

Share your story with us today at Carlson Bier—the first step toward healing starts with understanding. Click the button below to find out how much your case could be worth. With expert legal help, every moment counts toward turning around an unfortunate event into a catalyst for positive change.

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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 Kenilworth

Areas of Practice in Kenilworth

Two-Wheeler Accidents

Specializing in legal assistance for people injured in bicycle accidents due to negligent parties' lack of care or hazardous conditions.

Fire Injuries

Providing professional legal services for patients of major burn injuries caused by accidents or indifference.

Physician Carelessness

Ensuring expert legal support for victims affected by hospital malpractice, including misdiagnosis.

Products Accountability

Managing cases involving problematic products, offering skilled legal help to consumers affected by product-related injuries.

Aged Malpractice

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

Trip & Tumble Mishaps

Expert in addressing stumble accident cases, providing legal services to victims seeking justice for their damages.

Birth Traumas

Extending legal guidance for kin affected by medical carelessness resulting in infant injuries.

Auto Mishaps

Incidents: Dedicated to guiding patients of car accidents secure just remuneration for damages and losses.

Motorcycle Mishaps

Committed to providing legal advice for motorcyclists involved in bike accidents, ensuring justice for harm.

Truck Accident

Delivering expert legal services for victims involved in lorry accidents, focusing on securing just recovery for harms.

Worksite Incidents

Dedicated to advocating for workers or bystanders injured in construction site accidents due to carelessness or irresponsibility.

Brain Injuries

Committed to ensuring compassionate legal support for individuals suffering from neurological injuries due to negligence.

K9 Assault Injuries

Skilled in managing cases for people who have suffered harms from puppy bites or animal attacks.

Cross-walker Collisions

Dedicated to legal services for pedestrians involved in accidents, providing comprehensive support for recovering recovery.

Unfair Death

Advocating for grieving parties affected by a wrongful death, extending sensitive and professional legal representation to ensure restitution.

Vertebral Trauma

Committed to supporting individuals with spine impairments, offering dedicated legal services to secure justice.

Contact Us Today if you need a Person Injury Lawyer