Birth Injuries in Salem

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

If you’re in Salem and facing a challenging situation dealing with birth injuries, Carlson Bier law firm stands as the beacon of trust. Birth injuries can rattle any family and our dedicated attorneys understand the emotional upheaval involved. Our specialty lies in handling these unique personal injury cases comprehensively, to ensure that justice prevails for your loved one. At Carlson Bier, we believe every parent and child should enjoy an uncomplicated birth process – when this is not so due to negligence or malpractice, we step in firmly for you. Our lawyers have a successful track record anchored on diligence, compassion and tireless advocacy for those affected by birth-related injuries or malpractices. We provide unparalleled expertise coupled with fierce commitment to fight on your behalf while ensuring a personalized legal experience that acknowledges your ordeal’s difficulty appropriately; this makes us an invaluable consideration during such times. Choose Carlson Bier – committed protectors tirelessly championing just causes regarding birth injury litigations throughout Illinois.

About Carlson Bier

Birth Injuries Lawyers in Salem Illinois

At Carlson Bier, we understand how heartbreaking and daunting it can be to face the possibility of birth injuries. As personal injury attorneys based in Illinois, our primary focus is to provide you with comprehensive educational content about this sensitive subject matter whilst rendering expert legal assistance as required. With vast proficiency in different aspects of personal injury law related to birth injuries, our team is committed to delivering unparalleled service that ensures your rights are safeguarded.

Birth injuries involve any form of harm a baby sustains during childbirth or even prenatal care which could have been avoided if not for medical negligence. Such unfortunate incidents could inflict various degrees of physical and mental impairments on the newborn child -many cases leading to lifelong complications. Some common types of birth injuries include cerebral palsy, brachial plexus injuries (Erb’s Palsy), infant brain damage, hypoxia, bone fractures and fetal lacerations among others.

There are crucial factors worth noting when it comes to dealing with birth injury lawsuits:

– Immediate action: It’s pivotal that steps are promptly taken once a birth injury is suspected. The earlier evidence is preserved and witnesses interviewed; determining liability becomes increasingly feasible.

– Medical records: These become pertinent pieces of evidence establishing where, how and why the negligence happened.

-Damages: It’s necessary for parents or guardians to establish damages suffered by their child due to said negligence such as physical discomfort, medical expenses and other pecuniary costs linked directly or indirectly to the injury.

– Statute of limitations: In Illinois specifically there exists precise time limits within which one must file a birth injury lawsuit. Failure would amount inability bring forth such claim irrespective merits.

The process might seem overwhelming but remember you do not have to go through it alone. Our dedicated attorneys at Carlson Bier understand every intricacy involved in these legal battles and walk along side with victims ensuring they get the justice deserved.

Our firm prides itself on maintaining an open line of communication, constantly keeping our clients informed throughout the legal proceedings. We are dedicated to providing you with all information necessary in order for you to make well-understood decisions that have your best interest at heart, thus reducing the burden typically associated with navigating such complexities.

In addition, Carlson Bier provides trusted accompaniment through legal procedures involving negotiation and settlement. While many cases culminate in negotiated settlements prior to reaching trial stage, others require courtroom litigation. Our devoted team strives to secure maximum compensation either way.

Even as we extend this wealth of knowledge about birth injuries, we understand that every case is unique. Detailed analysis allowing tailored approach key understanding what happened making those responsible held accountable compensatory damages obtained on behalf child’s wellbeing and future.

At the end of the day, it’s important remember there are no guarantees when dealing with these matters; each scenario situational dependent factors involved. However going ahead experienced firm like Carlson Bier increases possibility favorable outcome.

For a deeper investigation into your situation and an estimation of potential recoverable damages from a birth injury lawsuit within Illinois’ lawful jurisdiction, don’t hesitate to take advantage of our free initial consultation service today. Go beyond reading about it – engage us directly for personalized guidance tailored to your needs. By opting for a click on the button below, you’re not just getting in touch – you’re taking that essential first step towards validation for all you’ve endured while setting out onto the path toward justice.

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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 Salem

Areas of Practice in Salem

Bike Collisions

Dedicated to legal assistance for clients injured in bicycle accidents due to responsible parties' negligence or dangerous conditions.

Burn Wounds

Providing adept legal assistance for victims of intense burn injuries caused by occurrences or negligence.

Hospital Incompetence

Delivering professional legal support for persons affected by clinical malpractice, including medication mistakes.

Products Fault

Handling cases involving defective products, offering professional legal services to clients affected by product-related injuries.

Geriatric Mistreatment

Protecting the rights of aged individuals who have been subjected to malpractice in elderly care environments, ensuring justice.

Slip & Slip Occurrences

Professional in managing tumble accident cases, providing legal advice to persons seeking redress for their damages.

Infant Traumas

Providing legal aid for households affected by medical malpractice resulting in neonatal injuries.

Car Incidents

Collisions: Devoted to aiding victims of car accidents secure fair payout for wounds and harm.

Motorcycle Crashes

Committed to providing legal services for individuals involved in motorcycle accidents, ensuring just recovery for damages.

Big Rig Crash

Delivering experienced legal advice for clients involved in truck accidents, focusing on securing rightful recovery for hurts.

Building Site Collisions

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

Neurological Impairments

Specializing in offering professional legal support for clients suffering from brain injuries due to negligence.

K9 Assault Harms

Proficient in tackling cases for clients who have suffered injuries from dog bites or creature assaults.

Jogger Crashes

Specializing in legal services for pedestrians involved in accidents, providing dedicated assistance for recovering compensation.

Undeserved Death

Striving for relatives affected by a wrongful death, supplying empathetic and adept legal assistance to ensure compensation.

Vertebral Impairment

Expert in assisting clients with paralysis, offering compassionate legal assistance to secure settlement.

Contact Us Today if you need a Person Injury Lawyer