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Birth Injuries in Watseka

Birth Injuries Trial Lawyers
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Personal Injury Lawyer Orland Park Illinois | Carlson Bier Associates

About Carlson Bier Associates

When a family experiences birth injuries, the burden can be profound and lifelong. The affiliated emotional pain might even overshadow this physical suffering. Carlson Bier stands by your side as an eminent Birth Injury attorney team in Illinois to help you through such distressing times. We staunchly outrank other law firms due to our bottomless compassion for our clients, backed by relentless provable results in seeking compensation for avoidable birth damages. Navigating intricate medical terminology and deciphering potential malpractice is not something any family should go through alone; let Carlson Bier provide unparalleled support and guidance throughout this strenuous process with unwavering dedication to successfully defending these cases since decades ago. Trust us when we say: Our purpose isn’t solely winning cases but comforting families besieged with despair, giving them the optimism they require during their ongoing struggle against maltreatment of innocent lives at birth, especially yours in Watseka society.

About Carlson Bier

Birth Injuries Lawyers in Watseka Illinois

At Carlson Bier, our attorney group understands that the consequences of birth injuries can be life-altering events, not just for the infant but also for those who love them most. It’s crucial to have diligent personal injury lawyers like us by your side as we’re experienced in the complexities surrounding Birth Injuries in Illinois. Our team is passionately committed to assisting families across “The Prairie State” seeking just compensation due to negligent medical proceedings or treatment during childbirth.

Birth injuries are an unfortunate reality faced by many newborns and their families annually, with all carried distress never anticipated nor welcomed. Understanding your legal rights and possibilities following a birth-related harm is essential after such incident. At Carlson Bier, we firmly believe that enlightening clients on this topic plays an integral role in establishing solid ground towards addressing areas of negligence, misconduct or other forms of professional malpractice leading to traumatic birthing scenarios.

We want you to fully comprehend what constitutes a ‘birth injury’. Simply put, these are harms incurred by an infant before delivery, during labor or shortly after arrival into the world. Some examples include cerebral palsy provoked by intrauterine hypoxia (lack of oxygen), Erb’s palsy caused by nerve damage in the brachial plexus area due to improper handling procedures or even skull fractures resulting from forceps misuse.

• Perinatal Asphyxia: This refers to lack of oxygen flow to a baby before, during or immediately after birth.

• Cerebral Palsy (CP): A neurological disorder triggered primarily due to brain damage occurring at birth stage

• Erb’s Palsy: Consequence of damaging nerves controlling arm functions while performing difficult deliveries

Faced with any form of such tragic circumstances raises questions plus uncertainties about next steps and allocations of culpability unquestionably needing clarifications. The causes may vary; however, tracing them back usually uncovers mishandlings rooted deeply in negligent medical activities.

At Carlson Bier, we’re committed to investigating your unique situation meticulously ensuring no stone remains unturned establishing links between potential medical negligence leading to unfortunate consequences suffered by newborns.

It’s important in this juncture to remind you that legal actions require stringent adherence to specific time frames for filing formal complaints established by the Illinois legal framework.

Engaging our astute team assists with navigating through all these aspects seamlessly, allowing focus on what matters most – recovery and rebuilding of an affected family unit. It does not cease there – taking into account ongoing medical needs, future care costs including cognitive or physical therapy plus special education necessity remains pivotal in legal proceedings ensuring fair compensation from a holistic point of view.

Our goal – make the complex understandable illuminating how a birth injury claim unfolds and helping families secure deserved compensation. Your journey towards justice needn’t be touched by apprehensions when acting alongside experienced professionals like us at Carlson Bier dedicated to advocating fervently on behalf of those impacted due to substandard birthing processes.

Would you like more detail? Understandably so. The complexity engulfing Birth Injuries scenarios necessitates comprehensive explanations tailored towards individual circumstances enlightening paths forward. Here at Carlson Bier, our hands-on approach is ready waiting for you providing unrivaled key insight right here in Illinois.

We encourage each visitor exploring this intricate subject matter; take advantage of ‘case worth’ evaluation feature available below giving clearer pictures regarding potential coverage attainable based on respective cases around birth injuries under Illinois law jurisdiction. Click now and start initiating steps generating empowerment toning down daunting quandaries interwoven often with such upsetting incidents. Together, let’s unveil answers puncturing uncertainty balloons paving way towards hopefully much brighter tomorrows leaning upon strong support pillars rooted firmly within Carlson Bier assurances!

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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 Watseka

Areas of Practice in Watseka

Cycling Crashes

Dedicated to legal advocacy for victims injured in bicycle accidents due to others's recklessness or hazardous conditions.

Fire Traumas

Giving adept legal advice for people of grave burn injuries caused by events or misconduct.

Clinical Incompetence

Delivering professional legal services for patients affected by healthcare malpractice, including medication mistakes.

Commodities Accountability

Addressing cases involving unsafe products, supplying professional legal support to customers affected by harmful products.

Senior Abuse

Defending the rights of nursing home residents who have been subjected to malpractice in senior centers environments, ensuring compensation.

Stumble and Trip Accidents

Expert in handling stumble accident cases, providing legal assistance to clients seeking justice for their damages.

Neonatal Traumas

Offering legal aid for families affected by medical carelessness resulting in infant injuries.

Auto Accidents

Crashes: Dedicated to aiding clients of car accidents get reasonable settlement for injuries and damages.

Motorcycle Incidents

Focused on providing representation for individuals involved in motorbike accidents, ensuring fair compensation for harm.

18-Wheeler Collision

Extending adept legal representation for persons involved in truck accidents, focusing on securing appropriate recovery for injuries.

Worksite Mishaps

Concentrated on advocating for workers or bystanders injured in construction site accidents due to negligence or misconduct.

Neurological Injuries

Expert in ensuring compassionate legal services for clients suffering from cerebral injuries due to incidents.

Dog Attack Injuries

Specialized in handling cases for clients who have suffered wounds from dog bites or animal assaults.

Foot-traveler Incidents

Expert in legal assistance for walkers involved in accidents, providing comprehensive support for recovering compensation.

Unwarranted Loss

Working for families affected by a wrongful death, offering compassionate and experienced legal support to ensure redress.

Vertebral Injury

Dedicated to advocating for victims with spinal cord injuries, offering expert legal support to secure compensation.

Contact Us Today if you need a Person Injury Lawyer