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Birth Injuries in San Jose

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

At Carlson Bier, we specialize in representing families affected by birth injuries. Our skilled attorneys understand the complexities such cases involve and are dedicated to relentlessly seeking justice for our clients. We have a deep understanding of Illinois law and extensive experience in handling these sensitive matters with sincere concern for the well-being of your family. Specializing in Birth Injuries Law, we strive to ensure fair compensation is delivered promptly that can assist with medical bills, continuing care costs or compensate for pain & suffering endured due to substandard medical care during childbirth. Though exclusivity exists amongst competent legal practices, few match up to the comprehensive guidance followed by meticulous attention-to-detail Carlson Bier’s team provides on each case – showcasing why our selection becomes an evident choice. Despite geographical boundaries between us & San Jose communities, trust in building direct client-attorney relationships remain unhindered–healing via justice is accessible irrespective of locale with Carlson Bier’s professional expertise guiding you every step-of-the-way through this challenging journey.

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About Carlson Bier

Birth Injuries Lawyers in San Jose Illinois

At Carlson Bier, we specialize in personal injury law with a particular focus on birth injuries. Based in Illinois, our team of skilled attorneys uses their wealth of experience and legal knowledge to fight passionately for victims who have suffered from any form of injury connected to childbirth.

Birth injuries can have a lifetime effect on both the child and the parents. Such injuries may be caused by medical negligence during prenatal care or delivery. In some unfortunate cases, these could result from improper use of medical equipment, lack of professional skill or failure to respond appropriately to complications. Our dedicated attorneys at Carlson Bier channel their expertise into holding responsible parties accountable so that you receive the compensation you deserve.

• Medical Negligence: This includes instances where a doctor fails in his duty to provide adequate care for mother and child.

• Use Of Medical Equipment: Injuries may occur if there’s misuse or even excessive use of instruments such as forceps.

• Maternal Risk Factors: The failure to recognize potential maternal risk factors for problems like gestational diabetes can lead to complications for newborns.

As devastating as they are, it’s crucial not only from a health perspective but also legally that birth injuries are detected as soon as possible. Early detection facilitates identifying potential culprits, isolating causal sequences leading up to the incident creating a strong case when seeking justice or recompense.

A severe birth injury might necessitate lifelong medical attention which often poses financial challenges. It is within this context that pours its vast resources; guaranteeing clients secure maximal compensation available under Illinois law.

Our experts offer services spanning beyond litigation too – providing emotional support and counseling around avenues tied to your specific situation. At heart lies an unwavering commitment towards helping individuals regain footing after experiencing life-altering events.

When navigating complex claims associated with birth injuries having experienced counsel arms you against insurance companies trying downplay severity wrongful doings . As professional negotiators we leave no stone unturned ensuring you get what’s due! In various instances, settlements reached outside courtroom saving valuable time money yet giving deserved retribution.

The aftermath of a birth injury is undeniably challenging and stressful. Struggling with insurance claims while battling the emotional turmoil can be overwhelming. At Carlson Bier, we understand your pain and are here to shoulder your stress legally so you can focus on healing emotionally.

Contact our experienced, results-driven team at Carlson Bier today. Remember that each moment spent unraveling these complexities is priceless – especially when recovery from trauma (whether physical or psychological) remains primary objective.

We’ve appreciated having an opportunity for sharing insights around birth injuries – a domain where we hold extensive knowledge and commitment towards helping affected families secure justice.

If this information was valuable or if you need help figuring out how much compensation might be appropriate for your case, please consider taking the next step by clicking the button below our team would be more than willing to assist you through this daunting process with dedication and utmost professionalism. Rest assured knowing Illinois’ finest attorneys are fighting bolstering claim- striving put adversities behind pave way brighter future child supporting them with unparalleled legal representation throughout journey.

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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 San Jose

Areas of Practice in San Jose

Two-Wheeler Accidents

Dedicated to legal assistance for people injured in bicycle accidents due to other parties' carelessness or dangerous conditions.

Thermal Burns

Offering adept legal advice for victims of severe burn injuries caused by accidents or carelessness.

Healthcare Carelessness

Ensuring professional legal assistance for persons affected by medical malpractice, including medication mistakes.

Items Accountability

Dealing with cases involving unsafe products, extending professional legal services to clients affected by faulty goods.

Aged Abuse

Protecting the rights of aged individuals who have been subjected to misconduct in aged care environments, ensuring restitution.

Slip and Fall Occurrences

Expert in addressing tumble accident cases, providing legal support to individuals seeking recovery for their injuries.

Birth Harms

Extending legal help for relatives affected by medical carelessness resulting in childbirth injuries.

Auto Accidents

Mishaps: Dedicated to guiding sufferers of car accidents receive equitable settlement for wounds and losses.

Motorcycle Collisions

Expert in providing legal support for riders involved in two-wheeler accidents, ensuring adequate recompense for damages.

18-Wheeler Collision

Extending specialist legal assistance for clients involved in lorry accidents, focusing on securing rightful compensation for losses.

Building Crashes

Engaged in defending workmen or bystanders injured in construction site accidents due to carelessness or carelessness.

Cognitive Traumas

Focused on extending compassionate legal representation for individuals suffering from neurological injuries due to incidents.

K9 Assault Injuries

Specialized in handling cases for people who have suffered wounds from dog attacks or animal assaults.

Jogger Collisions

Committed to legal representation for walkers involved in accidents, providing expert advice for recovering recovery.

Wrongful Loss

Advocating for grieving parties affected by a wrongful death, offering sensitive and experienced legal guidance to ensure compensation.

Spinal Cord Trauma

Specializing in assisting clients with vertebral damage, offering professional legal services 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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