Birth Injuries in Oswego

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

Discovering your newborn has sustained a birth injury can be utterly devastating. Understandably, you may have numerous concerns and questions during this challenging time. The distinguished legal experts at Carlson Bier are here to help guide Oswego families through the complex legalities surrounding birth injuries. Our team possesses vast local expertise in Illinois law and is renowned for our unwavering commitment to fighting for justice on behalf of affected children and their families. We investigate diligently, building a robust case aimed at securing maximum compensation for medical expenses, future care costs, pain and suffering as well as any other related hardships. Each client receives personalized attention from seasoned attorneys committed to upholding their rights against negligent healthcare providers or facilities alleged to cause these unfortunate occurrences. By choosing Carlson Bier, you choose unparalleled experience coupled with compassionate representation – invaluable when wading through such daunting waters after unexpected trauma.

Don’t navigate this difficult journey alone – trust in the proven abilities of Carlson Bier’s dedicated Birth Injuries lawyers today.

About Carlson Bier

Birth Injuries Lawyers in Oswego Illinois

Carlson Bier, a leading personal injury law firm in Illinois, is dedicated to compassionate advocacy and aggressive representation for victims of birth injuries. We understand that coping with such circumstances can be incredibly stressful and emotionally draining for the entire family. Our team of experienced attorneys is equipped with the necessary skills and knowledge to deliver outstanding legal services as you navigate through this challenging situation.

Birth injuries are often traumatic events that may lead to severe physical challenges or developmental disabilities for the innocent child involved, which may persist throughout their life. The implications can range from mild conditions like temporary paralysis caused by nerve damage during childbirth, to more serious cases encompassing cerebral palsy induced by oxygen deprivation. It’s crucial to remember that while some factors causing these tragedies are avoidable, oftentimes they result from medical negligence or misconduct.

At Carlson Bier, our seasoned lawyers will conduct a thorough investigation into your case. They will evaluate potential contributory elements such as inappropriate usage of forceps or vacuum extractors during delivery, failure to promptly respond to indications of fetal distress or mismanagement of an overdue pregnancy; all instances which could potentially result in permanent damages.

• Inappropriate forceps use: Forceps applied incorrectly can cause skull fractures or other types of brain injuries.

• Vacuum Extractor Misuse: These tools when incorrectly utilized can also cause traumatic head injuries.

• Fetal Distress Negligence: Properly monitoring fetal heart rate abnormalities and swift interventions are crucial for preventing brain damage resulting from lack of oxygen.

• Mismanagement of Overdue Pregnancy: Obstetricians should closely monitor overdue pregnancies since they pose increased risks including possible mechanical trauma at birth.

Our primary goal here at Carlson Bier is not only winning your case but doing so whilst ensuring minimal strain on the affected family. We strive for comprehensive familiarity with each client’s unique situation so we represent them most effectively in court if required – settling outside court where feasible – and securing fair compensation commensurate with the damage they have sustained.

Typically, this compensation can address various factors including but not limited to medical expenses, future disability care costs and necessary home modifications for disability accommodation. It is also possible that you could be compensated for non-financial damages such as emotional distress, and loss of enjoyment of life.

In order to identify errors during childbirth that lead to injuries, a deep understanding of obstetric procedures and standards very typical in these cases becomes required – something at which Carlson Bier excels. Our attorneys work diligently and professionally parallel with qualified experts in the field who assist us to determine the exact causes of your child’s injury; without which establishing negligence would be challenging – if not impossible.

Navigating this legal journey may seem daunting; you don’t have to do it alone – we are here every step of the way providing sensitive yet robust representation throughout ensuring your strongest case possible. The team at Carlson Bier believes passionately in delivering justice for our clients while respecting their privacy at all times.

To find out how much your case might be worth, trust right into the hands of experienced Illinois based birth injury lawyers at Carlson Bier. By clicking on the button below, you will gain access to a wealth of resources as well as direct connection with our top-notch legal counsel team: fully equipped and committed – ready to fight relentlessly on behalf of you and your loved ones toward the fair compensation deserved after enduring such an unfortunate circumstance.

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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 Oswego

Areas of Practice in Oswego

Bicycle Collisions

Focused on legal support for clients injured in bicycle accidents due to others' lack of care or hazardous conditions.

Fire Injuries

Supplying specialist legal services for people of intense burn injuries caused by incidents or indifference.

Clinical Carelessness

Extending professional legal services for individuals affected by clinical malpractice, including misdiagnosis.

Goods Accountability

Handling cases involving unsafe products, delivering expert legal help to consumers affected by defective items.

Elder Abuse

Representing the rights of elders who have been subjected to mistreatment in senior centers environments, ensuring compensation.

Tumble and Slip Incidents

Skilled in addressing trip accident cases, providing legal representation to clients seeking restitution for their losses.

Birth Wounds

Offering legal help for loved ones affected by medical carelessness resulting in birth injuries.

Car Mishaps

Mishaps: Focused on aiding victims of car accidents obtain appropriate settlement for wounds and damages.

Motorbike Incidents

Committed to providing legal advice for bikers involved in scooter accidents, ensuring rightful claims for losses.

Trucking Mishap

Offering adept legal support for clients involved in trucking accidents, focusing on securing just recovery for harms.

Worksite Collisions

Committed to defending staff or bystanders injured in construction site accidents due to recklessness or misconduct.

Cognitive Traumas

Committed to offering compassionate legal assistance for victims suffering from neurological injuries due to negligence.

K9 Assault Traumas

Adept at tackling cases for clients who have suffered traumas from canine attacks or creature assaults.

Pedestrian Collisions

Expert in legal representation for joggers involved in accidents, providing expert advice for recovering claims.

Unwarranted Loss

Standing up for loved ones affected by a wrongful death, delivering caring and adept legal representation to ensure redress.

Vertebral Impairment

Expert in advocating for clients with spinal cord injuries, offering expert legal assistance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer