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Birth Injuries in Saint Elmo

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About Carlson Bier Associates

When you seek superior representation for birth injury cases, turn to the renowned legal expertise of Carlson Bier. Rooted in integrity and dedication, we specialize in personal injury law with a focus on birth injuries – serving clients facing these complex issues with comprehensive casework proven by results. In the unsettling aftermath of mishandled medical procedures and resultant birth complications, our commitment is to bring clarity and pursue justice relentlessly. Backed by years of practice within Illinois State Jurisdiction, we understand local nuances integral for successful outcomes. Avoid expensive mistakes; let us safeguard your rightful demands professionally while empathizing personally. With Carlson Bier as your team- intricate litigation navigation prevails over chaos at every juncture shaped by stringent ethics bound duty towards client satisfaction! Summiting high stakes of meticulous courtroom battles requires sophisticated skill set; these are hallmarks child’s play for seasoned Carlson Bier attorneys- Your hope amid distress – entrusting trained experts make all difference when Predicaments arise sooner than later– choose wisely: select unflinching confidence combined mastery only found at ‘Carlson Bier’.

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About Carlson Bier

Birth Injuries Lawyers in Saint Elmo Illinois

At Carlson Bier, your needs come first. As an Illinois-based law firm specializing in personal injury cases, we understand the immense physical, emotional, and financial toll birth injuries can cause to a family. Our experienced personal injury attorneys are equipped with extensive legal knowledge to help you navigate through the process of protecting your rights and seeking for the warranted compensation.

Let’s delve into understanding birth injuries more closely. Birth injuries encompass any harm inflicted on an infant during or shortly after birth. Serious conditions can persist into a child’s life leading to long-term complications. In certain instances, these injuries may be due to medical negligence or malpractice – that’s where Carlson Bier steps in.

• Cerebral Palsy: This condition is often associated with brain damage suffered at birth, possibly due to imperfect obstetric techniques.

• Erb’s Palsy/Brachial Plexus Injuries: These occur from undue stress on baby’s neck during delivery causing paralyzed arm functionality.

• Hypoxic-Ischemic Encephalopathy (HIE): This potentially severe brain dysfunction is causally linked to insufficient oxygen supply during childbirth.

• Bone Fractures: Application of excessive force can lead unintended breakage of bones such as clavicle.

Medical misconduct giving rise to such life-altering circumstances doesn’t merely necessitate empathetic consolation but fair justice and accountability too! We reckon it’s vital that families impacted by birth injuries understand their right to pursue legal recourse.

Legal claim success rests upon establishing “proximate cause.” Essentially testifying whether poor medical decisions were fundamental contributors towards resulting injury versus being unavoidable consequences of pre-existing maternal-infant health considerations. Proving this could be challenging but rest assured; our team excels at gathering evidence, consulting appropriate professional testimony and offering impassable argumentation.

Carlson Bier’s lawyers employ advanced negotiation strategies while dealing with insurance companies always aiming at fulfilling client entitlements fully rather than settling for “good enough.” Remember, it’s not merely about financial restitution but acknowledging agony suffered and bringing the erring healthcare providers to account.

Illustrating further transparency in our process. After you reach out, we start with a comprehensive case assessment followed by strategizing persuasive claim presentations. You are kept appraised at every stage so that there stands no ambiguity or anxiety concerning your matter’s progress.

It is of utmost importance to act promptly when considering legal action after birth injury given Illinois’ Statute of Limitations. This stipulates specific deadlines within which patients must file lawsuits lest they forfeit their right to compensation entirely due to untimely claims filing.

The journey following a birth injury can be daunting but please know; Carlson Bier stands hand-on-heart with you, committed towards facilitating justice through proficient service delivery reliably stewarding your hopes towards meritorious outcomes! We warmly invite you to join our family of countless others who’ve entrusted us with advocating their rights and have experienced exceptional results over the years.

We realize this is one of life’s most challenging times – don’t face it alone. Your struggle resonates profoundly with us here at Carlson Bier, driving our relentless fight for fair treatment and rightful compensation passionately representing your interest as if they were ours abiding strictly by the highest ethical standards!

Intrigued? Click on the button below to discover an approximate value of your case today! It will equip you better in embracing informed decisions manifesting into empowered actions necessary during these trying times! Remember, at Carlson Bier, championing fairness while ensuring peace-of-mind remains forever steadfast guiding ethos connecting every client interaction!

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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 Saint Elmo

Areas of Practice in Saint Elmo

Bike Mishaps

Specializing in legal services for victims injured in bicycle accidents due to others' lack of care or risky conditions.

Thermal Damages

Offering professional legal services for patients of serious burn injuries caused by incidents or negligence.

Physician Carelessness

Providing specialist legal services for victims affected by healthcare malpractice, including misdiagnosis.

Items Responsibility

Addressing cases involving faulty products, delivering skilled legal support to individuals affected by defective items.

Nursing Home Mistreatment

Defending the rights of aged individuals who have been subjected to neglect in nursing homes environments, ensuring justice.

Stumble and Stumble Incidents

Adept in dealing with trip accident cases, providing legal services to victims seeking recovery for their damages.

Infant Traumas

Supplying legal guidance for households affected by medical misconduct resulting in birth injuries.

Automobile Mishaps

Crashes: Concentrated on supporting patients of car accidents gain fair settlement for damages and losses.

Bike Mishaps

Specializing in providing legal assistance for riders involved in two-wheeler accidents, ensuring fair compensation for harm.

Truck Mishap

Offering professional legal representation for drivers involved in semi accidents, focusing on securing appropriate recovery for damages.

Construction Collisions

Concentrated on assisting employees or bystanders injured in construction site accidents due to negligence or carelessness.

Neurological Injuries

Focused on delivering compassionate legal assistance for victims suffering from neurological injuries due to accidents.

Dog Attack Damages

Specialized in tackling cases for persons who have suffered injuries from dog bites or animal assaults.

Jogger Incidents

Specializing in legal advocacy for cross-walkers involved in accidents, providing comprehensive support for recovering restitution.

Wrongful Passing

Standing up for relatives affected by a wrongful death, supplying caring and experienced legal assistance to ensure justice.

Vertebral Impairment

Focused on representing persons with paralysis, offering expert legal services to secure redress.

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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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