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Birth Injuries in Midlothian

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Experience unmatched legal expertise with Carlson Bier, leaders in the domain of Birth Injuries law. An unwavering advocate for innocent victims, our firm has spent years ardently fighting and winning cases pertaining to birth injuries and related medico-legal dilemmas. We understand the emotionally charged landscape surrounding these circumstances which can deeply impact families. As such, we are committed to ensuring you receive both justice and peace-of-mind through our comprehensive representation services.

Born out of a need to repair, remedy, and restore lives affected by medical errors during childbirths across Illinois; Carlson Bier remains relentlessly dedicated to your cause – delivering justice right where it’s required.

We prioritize open communication, unparalleled support during times of legal conflict while working tirelessly towards securing optimum results on behalf of our clients. With a sterling reputation that is testament to decades-long diligence underpinned by professional acumen in Illinois’ intricate persona injury legal landscape – rest assured; choosing Carlson Bier does not just guarantee skilled lawyers but empathetic allies beside you throughout your journey towards justice.

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About Carlson Bier

Birth Injuries Lawyers in Midlothian Illinois

The distinguished law firm of Carlson Bier brings to you a deep well of expertise in handling cases related to personal injuries, specifically birth injuries in the state of Illinois. Known for their profound and thoughtful legal representation, they offer value-packed knowledge about the intricate realm of birth injury cases.

Birth injuries can cast a prolonged shadow on an individual’s life, often needing lifelong care and assistance. It not only affects that child’s physical and emotional health but also impacts the entire family significantly. Understanding what constitutes a birth injury is paramount. In basic terms, it refers to any harm or damage inflicted during labor or delivery resulting from medical negligence.

• Birth Asphyxia: Caused due to deprived oxygen supply before or during childbirth leading potentially to cerebral palsy and other neurological disorders.

• Brachial Plexus Injury: A physical trauma that happens when excessive force is used while pulling out a newborn from the birth canal.

• Cephalohematoma: This manifests as a swelling over skull bones caused by blood accumulation due to ruptured blood vessels during delivery.

• Infant Spinal Cord Injury: Can occur if there is forceful twisting or turning of an infant’s neck or spine during childbirth.

Determining whether these incidents are actually due to medical professionals’ negligence needs adept proficiency in legal matters – this is where the brilliance of Carlson Bier shines distinctly. As specialized personal injury attorneys, they understand how daunting navigating such complex issues can be while dealing with overwhelming emotions. They believe clients deserve top-quality legal guidance coupled with unwavering compassion at every step.

Illinois law provides substantial protection for victims suffering from preventable birth injuries under several statutes like Medical Practice Act (225 ILCS 60/1) and Patients’ Rights Act (410 ILCS 50/). Available remedies include compensation for present and future medical expenses, loss of income-earning capabilities owing to permanent disability arising from this tragic incident, pain & suffering endured as well as punitive damages.

However, being conversant with relevant dates and deadlines is critical – The Illinois statute of limitations typically allows a claim within two years from the date the injured party knew or should have known about their injury but no later than four years post it occurred for birth injuries. Please understand these timelines might vary depending upon individual case circumstances emphasizing why getting an easy-to-understand, tailored legal counsel is crucial at this juncture.

The transparency shown by Carlson Bier also includes clarity about their physical presence only in sanctioned Illinois areas. Any advertisement claiming otherwise is strictly prohibited under local law. At Carlson Bier, compliance with all rules governing legal practice holds paramount importance; they assure complete honesty regarding the location of their operations.

They understand that trudging through these layered legal avenues can seem daunting for those unfamiliar with it. This is why making a single key move can change everything: teaming up with specialized personal injury attorneys like them who know the ins and outs of such cases ensures that you’re doing all in your power to secure justice for your loved one.

Each case handled by Carlson Bier receives profoundly meticulous attention; they know there’s more at stake than just financial liability—an opportunity to reaffirm faith in systems designed to protect every citizen’s rights and ensuring rightful compensation reaches deserving families affected by regrettable incidents during child birth due to avoidable negligence.

Anticipating what your next question could be – “How much is my case worth?” Understanding that each situation retains its variables affecting its overall value, having a seasoned lawyer carry out thorough analysis can often make a crucial difference. That said, we would like to invite you now to take action – Click on the button below for our lawyers to review your case meticulously and provide an assessment of your potential financial recovery after a birth injury caused due to medical negligence within the scope of Illinois law. Remember, knowledge when combined with determined professional representation equals empowerment—step into yours today with Carlson Bier.

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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 Midlothian

Areas of Practice in Midlothian

Bike Mishaps

Dedicated to legal representation for clients injured in bicycle accidents due to other parties' negligence or perilous conditions.

Burn Damages

Offering adept legal services for individuals of severe burn injuries caused by accidents or misconduct.

Clinical Carelessness

Offering professional legal services for patients affected by physician malpractice, including wrong treatment.

Commodities Obligation

Addressing cases involving unsafe products, extending expert legal services to consumers affected by product-related injuries.

Aged Neglect

Representing the rights of nursing home residents who have been subjected to abuse in elderly care environments, ensuring protection.

Stumble and Stumble Incidents

Specialist in addressing trip accident cases, providing legal advice to clients seeking justice for their losses.

Childbirth Damages

Supplying legal support for loved ones affected by medical carelessness resulting in newborn injuries.

Auto Mishaps

Collisions: Devoted to guiding patients of car accidents gain just compensation for injuries and harm.

Scooter Mishaps

Dedicated to providing legal advice for victims involved in two-wheeler accidents, ensuring justice for traumas.

Semi Collision

Offering expert legal advice for drivers involved in semi accidents, focusing on securing fair recovery for harms.

Worksite Collisions

Engaged in advocating for staff or bystanders injured in construction site accidents due to safety violations or negligence.

Neurological Harms

Committed to delivering expert legal representation for clients suffering from cerebral injuries due to accidents.

K9 Assault Wounds

Adept at dealing with cases for clients who have suffered traumas from canine attacks or beast attacks.

Cross-walker Mishaps

Focused on legal advocacy for walkers involved in accidents, providing expert advice for recovering compensation.

Unjust Death

Fighting for loved ones affected by a wrongful death, delivering understanding and expert legal services to ensure compensation.

Spinal Cord Impairment

Committed to supporting victims with vertebral damage, offering compassionate legal support 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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