Birth Injuries in McHenry

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

About Carlson Bier Associates

An unfortunate birth injury can be a nightmarish scenario no parent should have to face. With such complexity surrounding these delicate cases, they necessitate proficient legal expertise – an area where Carlson Bier stakes its strength. We center our practice on upholding the rights and advocating for families who were unfairly thrown into the throes of a birth injury case in McHenry. The compassionate yet fervent approach we employ at Carlson Bier is why parents from diverse backgrounds deem us their trusted confidant during what’s often one of life’s challenging times. Our profound understanding of Illinois law coupled with our compelling track record testifies to our firm’s commitment to professionally handle every case that comes through our doors. Birth injuries are intricate by nature; hence it makes perfect sense entrusting your pursuit for justice only to skilled hands – precisely what you get when enlisting Carlson Bier as your representative in this arduous journey towards getting justly compensated.

About Carlson Bier

Birth Injuries Lawyers in McHenry Illinois

Welcoming you to the digital platform of Carlson Bier, a reputed personal injury attorney group in Illinois, committed to serving justice. Our specialized forte lies within Birth Injuries – an area under personal injury law that seeks justice for newborns who have been harmed due to medical negligence or inadequate care throughout the birth process.

Understanding birth injuries can be challenging. They often occur when complications arise during labor or delivery and could potentially lead to lifelong consequences for a child. These injuries might include cerebral palsy, Erb’s palsy, Hypoxic Ischemic Encephalopathy (HIE), brain damage and various types of physical trauma. Regrettably, many of these cases are preventable and result from sub-standard medical care. Managing these injuries not only put immense emotional burden on parents but also bring hefty financial challenges due to ongoing medical treatments.

• Cerebral Palsy affects the muscle tone, movement, and motor skills (the ability to move in a coordinated manner)

• Erb’s Palsy arises from nerve damage affecting one arm causing weakness or total paralysis

• Hypoxic Ischemic Encephalopathy (HIE) is neonatal brain dysfunction caused by shortage of oxygen

• Birth-related Brain Damage can occur due to several reasons leading up to mental retardation or death

• Any type Physical Trauma can cause fatal results if not treated with immediate right treatment

If your newborn has suffered from any such unfortunate incident related to birth injuries due to health professionals’ negligence, consider seeking help immediately.

At Carlson Bier, we stand tall with our extensive experience handling such sensitive cases with compassion and scientific precision. Our expert attorneys meticulously review your case details before developing solid strategies that aim at optimal financial settlements – making sure you’ll receive the best possible amount that fairly compensates all aspects of damages experienced by your family due to this untoward event.

Our commitment goes beyond just professional representation; as legal advocates, we ensure to be there at every step of your complex journey. We take pride in our mission to fight for clients’ rights by resolving birth injury cases effectively and efficiently.

Navigating the path towards justice in personal law is complicated; it’s important to partner with knowledgeable attorneys that are backed by proven results. At Carlson Bier, we work hard to accumulate strong evidence, negotiate with medical establishments and insurance agencies as well as formally litigate if required. Our strategic approach aims to maximize compensation which you can use for future care or treatment needs of your child and cover every possible expense due to this unfortunate event.

Remember that legal actions involving birth injuries require immediate attention because statute limitations can impact the claim’s success rate. By seeking advice from professionals at Carlson Bier, you ensure a prompt initiation of necessary action before deadlines hurdle your way towards justice.

Finally, we believe achieving settlements commensurate with lifelong damages caused due to birth injuries not only offer financial stability but also provide dignified closure symbolizing energy spent pursuing justice was not wasted.

Carlson Bier believes each case is distinct. Therefore, accurately estimating any settlement amount without a detailed understanding of the individual matter isn’t fair on any party involved. It’s essential to discuss each aspect related directly or indirectly affecting estimated lawsuit value during consultation sessions – like long-term effects on the child’s life, degree medical incompetence proof available and more variables influencing outcome dynamics significantly.

Feel free to explore our Digital Consultation initiative right here on our website! To find out how much your case might be worth—simply click “Evaluate My Case” button below. Let us help you navigate through the convolution of personal injury law towards obtaining maximum compensation catering convincingly-largest-possible court commission fulfilling entire calculated costs including unforeseen ones – all easing psychological trauma somewhat lessened by realizing obtained resulting recompense won’t let hardship reign over peace anymore reinforcing faith once again into righteousness prevailing over day-to-day life ensuring bright future for every child notwithstanding undesirable circumstances faced during the first-ever breath taken. Here’s to a brighter tomorrow – potential lawsuit valuations await at a click!

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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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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 McHenry

Areas of Practice in McHenry

Cycling Collisions

Dedicated to legal advocacy for individuals injured in bicycle accidents due to other parties' carelessness or perilous conditions.

Flame Traumas

Offering specialist legal assistance for patients of serious burn injuries caused by mishaps or misconduct.

Clinical Malpractice

Ensuring experienced legal support for clients affected by hospital malpractice, including negligent care.

Items Obligation

Managing cases involving defective products, delivering specialist legal support to clients affected by product-related injuries.

Nursing Home Misconduct

Defending the rights of the elderly who have been subjected to misconduct in senior centers environments, ensuring compensation.

Fall and Slip Mishaps

Skilled in tackling trip accident cases, providing legal support to individuals seeking redress for their harm.

Newborn Damages

Supplying legal help for kin affected by medical carelessness resulting in birth injuries.

Vehicle Mishaps

Accidents: Dedicated to aiding sufferers of car accidents get fair compensation for harms and harm.

Bike Crashes

Committed to providing legal advice for riders involved in motorcycle accidents, ensuring fair compensation for traumas.

18-Wheeler Mishap

Extending experienced legal advice for individuals involved in semi accidents, focusing on securing rightful recovery for injuries.

Construction Site Mishaps

Concentrated on defending staff or bystanders injured in construction site accidents due to oversights or misconduct.

Cognitive Damages

Expert in ensuring dedicated legal support for individuals suffering from neurological injuries due to incidents.

K9 Assault Injuries

Proficient in managing cases for individuals who have suffered wounds from canine attacks or creature assaults.

Jogger Incidents

Specializing in legal support for walkers involved in accidents, providing professional services for recovering recovery.

Wrongful Fatality

Standing up for bereaved affected by a wrongful death, supplying empathetic and skilled legal support to ensure fairness.

Backbone Impairment

Dedicated to representing victims with vertebral damage, offering compassionate legal services to secure justice.

Contact Us Today if you need a Person Injury Lawyer