Birth Injuries in Serena

Birth Injuries Trial Lawyers
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Over $50 Million in Recoveries

Jeff Bier – Personal Injury Lawyer At Carlson Bier Associates
Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

At Carlson Bier, our dedicated team of legal professionals serve those who have been affected by birth injuries. We understand the complexities and emotional trauma associated with this type of injury. Compassionately helping families in Serena navigate their legal journey, we strive to get justice for victims while minimizing your stress. Our attorneys are experienced in handling a variety of birth injury cases including cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), and more. Choosing Carlson Bier as your advocate ensures diligent representation marked by integrity and tireless pursuit of favorable outcomes.

Backed by extensive experience and investment into continuous education on the latest law practices related to Birth Injuries, we dedicate ourselves completely to each case that comes across our desks.

Rest assured that you will be partnering with an accomplished legal team which supports Serena residents exceptionally during gloomy periods when careless or negligent medical practices lead to unforeseen circumstances during childbirth.

Our enduring commitment is not just providing top-tier services but also acting as trusted confidants along every step towards getting rightful compensation for damages endured due carelessness or negligence caused birth injuries.

About Carlson Bier

Birth Injuries Lawyers in Serena Illinois

At Carlson Bier, we are a team of dedicated personal injury attorneys based in Illinois, with deep expertise and years of experience in handling Birth Injury cases. As specialists, we understand the intricacies involved in birth injury lawsuits and take pride in offering knowledgeable navigation through the complex legal landscape.

Birth injuries can lead to long-term physical, emotional and financial challenges for parents and infants who endure them. Alarmingly commonplace, these traumas may occur as a result of medical negligence during pregnancy or delivery. They encompass an array of circumstances such as oxygen deprivation causing cerebral palsy, forceps or vacuum extraction injuries leading to brain damage or skull fractures, brachial plexus injuries resulting from improper force during delivery among others.

Key facts to note about birth injuries include:

– The causes: These damages usually originate from complications arising throughout pregnancies and labor due to negligent actions or oversights by healthcare practitioners.

– The types: Cerebral Palsy, Brachial Plexus Injuries (Erb’s Palsy), Hypoxic Ischemic Encephalopathy (HIE), alongside other severe impairments fall under this category.

– The potential impacts: Outcomes vary immensely; some children suffer from lifelong physical handicaps or developmental delays while others might need ongoing intensive care.

Litigating these incidents involves establishing clear liability against a doctor/hospital by demonstrating four pivotal criteria:

1) Duty was owed – This essentially means that the hospital/doctor was assigned with delivering standard prenatal/postnatal care services,

2) Duty was breached – It’s proven when it is found that the healthcare provider didn’t act reasonably proficient under a given circumstance,

3) Direct causation – There needs to be visible evidence correlating this breach of duty directly with your child’s injury,

4) Damages resulted – It must be shown that substantial harm physically/emotionally transpired because of these events.

Carlson Bier has successfully represented numerous families who’ve been adversely affected by birth injuries. We have recovered significant settlements and verdicts for our clients, providing indispensable resources required for ongoing medicalcare, while addressing non-economic damages such as pain and suffering.

Our approach is multifaceted – accruing comprehensive medical records, engaging expert witnesses’ perspectives, creating compelling arguments against erroneous healthcare providers/hospitals etc. While we exercise strategic diligence to ensure you get the compensation deserved; equally important to us is the sincerest emotional support extended throughout this arduous journey.

We recognize even thinking about legal proceedings during such a challenging period can be overwhelming which is why we manage every aspect of your claim with utmost precision and care: from building a strong case with solid evidence, competent negotiation with insurance companies or representing you tirelessly in court should it come to a trial.

Navigating these cases requires more than legal advice. We believe in empowering our clients with thorough information on their situation: understanding potential long-term impacts of various birth injuries; identifying warning signs that could indicate medical negligence; recognizing rights under Illinois law – because informed decisions lead to meaningful resolutions.

In conclusion, Carlson Bier believes no parent/child should bear additional burdens sprung out of another’s irresponsibility especially so early on in their life. Our commitment towards seeking justice for all victims of birth injuries remains unshaken irrespective of how resistant opponents might prove.

The thought of pursuing legal action against seemingly powerful hospitals or doctors can be intimidating. But standing with experienced Carlson Bier attorneys by your side gives you maximum opportunity at obtaining full possible compensation deeming vital for future care needs of your child alongside other damage payouts.

If you’re coping with the devastating fallout from a birth injury caused due to someone else’s wrongdoing – please don’t hesitate any longer; reach out today! Just click on the button below – let us help determine what your case is worth immediately so as to start working relentlessly towards attaining justice and rightful compensation you’re constitutionally entitled to.

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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.
Education & Information

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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 Serena

Areas of Practice in Serena

Two-Wheeler Incidents

Focused on legal support for people injured in bicycle accidents due to others's lack of care or perilous conditions.

Scald Traumas

Extending expert legal assistance for sufferers of serious burn injuries caused by events or carelessness.

Medical Incompetence

Delivering professional legal advice for persons affected by hospital malpractice, including medication mistakes.

Goods Fault

Addressing cases involving problematic products, supplying skilled legal support to individuals affected by faulty goods.

Elder Misconduct

Advocating for the rights of nursing home residents who have been subjected to misconduct in care facilities environments, ensuring restitution.

Tumble & Stumble Injuries

Skilled in dealing with fall and trip accident cases, providing legal support to victims seeking compensation for their damages.

Infant Wounds

Supplying legal aid for families affected by medical incompetence resulting in birth injuries.

Automobile Incidents

Crashes: Dedicated to guiding individuals of car accidents secure just compensation for wounds and harm.

Bike Crashes

Specializing in providing legal assistance for victims involved in two-wheeler accidents, ensuring just recovery for traumas.

18-Wheeler Mishap

Offering adept legal assistance for persons involved in lorry accidents, focusing on securing fair recompense for hurts.

Building Mishaps

Focused on supporting workmen or bystanders injured in construction site accidents due to oversights or negligence.

Cerebral Injuries

Committed to ensuring compassionate legal assistance for victims suffering from cognitive injuries due to accidents.

Dog Bite Wounds

Adept at dealing with cases for victims who have suffered injuries from K9 assaults or animal attacks.

Pedestrian Crashes

Dedicated to legal support for cross-walkers involved in accidents, providing comprehensive support for recovering recovery.

Wrongful Demise

Advocating for bereaved affected by a wrongful death, delivering caring and skilled legal assistance to ensure restitution.

Vertebral Damage

Dedicated to assisting individuals with spinal cord injuries, offering specialized legal services to secure settlement.

Contact Us Today if you need a Person Injury Lawyer