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Birth Injuries in Martinsville

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Faced with birth injuries, seeking experienced and empathetic legal representation becomes critical. Birthing complications can result in immensely difficult realities for your family both emotionally and financially. In such scenarios, Carlson Bier is an unwavering ally offering seasoned advice, unremitting support, and zealous advocacy. We are passionate about serving residents of Martinsville who need professional assistance concerning birth injury cases. Our dedicated attorneys maintain a stellar track record in these intricate areas of personal injury law – succeeding on numerous occasions to achieve the justice that our clients deserve while providing them the peace they crave during these challenging times. Furthermore, our extensive understanding of Illinois laws ensures we protect your rights conclusively without transgressing any ethical boundaries defined by local compliance requirements – reinforcing trustworthiness as a defining virtue within our operation framework at Carlson Bier.

Recognizing client concerns as paramount priorities has propelled us to become one among the trusted advocates for those grappling with confronting factors tied inseparably to birth injuries across Illinois – Your needs are understood here at Carlson Bier.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in Martinsville Illinois

At Carlson Bier, we understand the joy and anticipation that accompanies the arrival of a new baby. When this joyful event is marred by a birth injury, it siginificantly transforms a family’s life path. We’re committed to helping families who have experienced such heartbreak gain understanding and reclaim their rights through seeking justice after experiencing birth injuries.

Birth injuries can occur when medical professionals fail to provide adequate care during pregnancy, labor or immediately post-delivery. These types of injuries range in severity, and can have lifelong impact on both the child and its family. Importantly, they’re often preventable occurrences which were brought about due to negligent or inappropriate actions from healthcare providers. Some common types of birth injuries include:

– Cerebral Palsy: This results from brain damage usually caused by lack of oxygen during delivery.

– Erb’s Palsy: It occurs due to nerve damage in an infant’s shoulder resulting in partial or complete paralysis of arm.

– Hypoxic Ischemic Encephalopathy (HIE): A condition caused by reduced blood flow or oxygen supply leading to potential developmental delays or intellectual disabilities.

– Bone fractures

– Brachial Plexus Injuries

The implications of these conditions are numerous and diverse affecting both physical health and cognitive function as well as imposing a heavy financial toll on afflicted families.

But there’s hope. The Illinois law allows you recourse through litigation against responsible parties whose negligence led to your child’s suffering. Through these legal channels, compensation may be gained for medical expenses (present and future), out-of-pocket costs related to caring for an injured child, pain and suffering endured by your family among other losses suffered.

Navigating these legal pathways is no elementary task especially considering the emotional ordeal which families bear at such instances. That’s where we come in.

Here at Carlson Bier Associates LLC., our expertise lies specifically in personal injury cases with extensive experience handling Birth Injury Cases. Our seasoned attorneys work tirelessly to ensure our clients are well-informed and fully understand the steps we take together on the road to justice.

We pride ourselves in being committed advocates for you, relentlessly pursuing your cause armed with an unwavering dedication towards achieving impressive results. We meticulously build a strong case by conducting thorough investigations into medical practices leading up to, during and after childbirth. These investigations potentially reveal if standard care was deviated from and hence prove negligence.

Moreover, we eliminate guesswork in damage calculation leaving no room for speculation. Our team solicits support from financial experts who calculate damages such as cost of medical care, lifetime income loss due to disability among other pecuniary losses ensuring full compensation

Finally, it’s worth noting that Carlson Bier operates purely on a contingency basis meaning you pay nothing until recovery is obtained. This demonstrates our utmost belief in your case coupled with a convicton that you deserve justice.

Our primary goal is to provide stellar representation while minimizing added stressors which could compound your familial distress. With this goal echoing throughout all our action points, we tailor personalized strategies insuring the best possible outcome for every family forging relationships founded on trust.

The professionals at Carlson Bier offer immediate legal counsel so your focus can shift back to where it belongs; caring for your child knowing we’re shouldering the legal burdens ahead

If Carlson Bier sounds like the personal injury lawyers you need fighting your corner click below now! Let’s find out how much your birth injury claim could be worth allowing us help bring about both closure and much needed financial relief.

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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 Martinsville

Areas of Practice in Martinsville

Cycling Incidents

Specializing in legal services for persons injured in bicycle accidents due to others's carelessness or risky conditions.

Fire Traumas

Offering professional legal services for patients of grave burn injuries caused by events or recklessness.

Medical Negligence

Providing professional legal advice for patients affected by medical malpractice, including medication mistakes.

Merchandise Obligation

Managing cases involving dangerous products, offering adept legal assistance to clients affected by harmful products.

Elder Misconduct

Advocating for the rights of elders who have been subjected to neglect in elderly care environments, ensuring compensation.

Slip & Tumble Injuries

Expert in tackling stumble accident cases, providing legal representation to persons seeking restitution for their harm.

Newborn Traumas

Extending legal help for loved ones affected by medical incompetence resulting in birth injuries.

Vehicle Crashes

Crashes: Focused on helping patients of car accidents obtain fair remuneration for damages and impairment.

Two-Wheeler Crashes

Dedicated to providing legal advice for motorcyclists involved in bike accidents, ensuring adequate recompense for losses.

Truck Accident

Providing adept legal advice for victims involved in truck accidents, focusing on securing rightful claims for losses.

Construction Site Crashes

Concentrated on representing laborers or bystanders injured in construction site accidents due to recklessness or irresponsibility.

Brain Impairments

Dedicated to extending dedicated legal advice for individuals suffering from cognitive injuries due to incidents.

K9 Assault Harms

Proficient in managing cases for persons who have suffered injuries from K9 assaults or animal attacks.

Pedestrian Accidents

Focused on legal advocacy for joggers involved in accidents, providing comprehensive support for recovering compensation.

Unjust Death

Advocating for loved ones affected by a wrongful death, supplying sensitive and skilled legal representation to ensure compensation.

Neural Harm

Expert in defending clients with spinal cord injuries, offering expert legal guidance 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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