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Birth Injuries in Virginia

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

When families in Virginia are dealing with the aftermath of a birth injury, finding competent legal help is crucial. It’s only then that Carlson Bier becomes an essential ally. With years of hands-on experience under our belt and a reputation for pursuing justice relentlessly, we have positioned ourselves as leading professionals in Birth Injuries law cases across various jurisdictions.

Our team at Carlson Bier has developed a comprehensive understanding of the complexity associated with birth injuries claims – from medical malpractice to negligence and everything in between. Our attorneys work diligently; investigating individual cases meticulously to ensure each client receives fair compensation for their trauma.

We understand how devastating this period can be- mentally, emotionally, and financially – especially when confronting healthcare providers and insurance companies while trying to secure deserved remuneration might seem incredibly daunting or impossible even.

Carlson Bier is your surety towards compassionate guidance through these tumultuous times—Offering first-rate representation dedicated exclusively to those affected by birth injuries matters. Allow us the privilege of shouldering your legal burdens so you can focus on recovery & healing—because everyone deserves justice but not everyone knows where or how to find it!

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About Carlson Bier

Birth Injuries Lawyers in Virginia Illinois

At Carlson Bier, we understand the joy that comes with childbirth. However, sometimes this joyful occasion can quickly turn into a nightmare due to negligence or malpractice resulting in devastating birth injuries. There is no pain greater than your child suffering at such an innocent age and it is for this reason that our dedicated team of personal injury attorneys aims to seek compensation and justice on behalf of families affected by these life-shattering events.

Birth injuries range from minor complications that resolve on their own to severe conditions which may require lifelong care and treatment. Some common types of birth injuries are:

• Brachial plexus injuries (the group of nerves that control arm and hand movement)

• Broken bones

• Cerebral palsy

• Hypoxic-Ischemic Encephalopathy

• Facial paralysis

These could be caused by various reasons including but not confined to prolonged labor, inappropriate use of delivery tools, failure to detect fetal distress promptly amongst others. It’s also noteworthy that while some conditions occur naturally during pregnancy or at childbirth without any fault allocation; others might stem directly from medical errors – making them potentially actionable under law.

In Illinois, the right lawyer proficient in navigating legal waters concerning matters related to birth injuries could mean all the difference for you and your family’s future. At Carlson Bier Association, veterans in personal injury law practice for over two decades, we have cultivated a reputation for dedication towards seeking favorable outcomes on behalf of each client we represent.

Taking legal action may seem daunting especially when dealing with a newborn who has been harmed due to someone else’s oversight or incompetence. However, allowing us at Carlson Bier Associates handle your claims would reduce stress significantly because you won’t bear sole responsibility anymore – instead leave worry up to us as you focus solely on nurturing and caring for your child.

Our promise – tireless advocacy rooted in compassion, transparency throughout the complex litigation process and an unwavering commitment to fight for the maximum compensation your family deserves. We understand the financial strain birth injuries can put on a family, from ongoing medical care and interventions to therapy and home modifications. By pursuing a personal injury claim with our team, you could recover damages for:

• Past and future medical expenses

• Pain and suffering

• Loss of life’s enjoyment

• Physical disfigurement or impairment

Birth injuries shouldn’t be endured alone; especially when they result from negligence or any form of professional malpractice. Allow Carlson Bier Associates to shoulder the burden with you, advocating fiercely, professionally establishing liability while seeking justice.

It is important to recognize that statutes of limitations do apply in birth injury cases – hence it’s paramount one acts swiftly after such tragic incidents occur; reaching out to an attorney as soon as possible being vital towards building an effective legal case.

Carlson Bier is not just another law firm; but rather your trusted ally in pursuit of justice against those whose actions (or lack thereof) have inflicted undue harm on your precious child during their birth process. The road to recovery may seem arduous – however having us by your side means access not only our extensive legal expertise but also moral support through this trying period ahead.

We urge you now more than ever before, don’t lose hope – contact us today. Every moment spent contemplating whether to make that call equates potentially losing invaluable time necessary for expert assessment plus timely filing of your case – thereby diminishing chances at securing deserved restitution. Simply click on the button below to find out how much your case could be worth – remember there are no upfront costs until we win! Trust Carlson Bier Associates with all matters related to birth injury cases today – surely it’s a decision you won’t regret making!

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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 Virginia

Areas of Practice in Virginia

Bike Mishaps

Specializing in legal representation for individuals injured in bicycle accidents due to responsible parties' recklessness or dangerous conditions.

Burn Burns

Extending specialist legal assistance for victims of intense burn injuries caused by mishaps or recklessness.

Healthcare Negligence

Providing professional legal advice for persons affected by healthcare malpractice, including medication mistakes.

Commodities Fault

Handling cases involving dangerous products, providing specialist legal support to individuals affected by harmful products.

Aged Malpractice

Protecting the rights of the elderly who have been subjected to mistreatment in care facilities environments, ensuring protection.

Stumble and Tumble Occurrences

Professional in tackling fall and trip accident cases, providing legal services to victims seeking compensation for their injuries.

Childbirth Harms

Extending legal support for households affected by medical negligence resulting in childbirth injuries.

Automobile Incidents

Accidents: Focused on guiding sufferers of car accidents secure appropriate remuneration for hurts and impairment.

Scooter Collisions

Dedicated to providing legal advice for individuals involved in motorcycle accidents, ensuring fair compensation for traumas.

Truck Crash

Delivering adept legal advice for persons involved in trucking accidents, focusing on securing adequate settlement for losses.

Construction Site Accidents

Focused on defending workers or bystanders injured in construction site accidents due to safety violations or misconduct.

Cerebral Harms

Committed to delivering dedicated legal assistance for persons suffering from cerebral injuries due to negligence.

Dog Attack Harms

Expertise in dealing with cases for people who have suffered damages from puppy bites or animal attacks.

Foot-traveler Mishaps

Committed to legal services for walkers involved in accidents, providing effective representation for recovering claims.

Unfair Passing

Standing up for bereaved affected by a wrongful death, supplying empathetic and expert legal services to ensure justice.

Spine Injury

Dedicated to representing victims with spine impairments, offering specialized legal assistance 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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