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Birth Injuries in Waverly

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Choosing the right attorney for birth injuries can be a significant decision. If you’re in Waverly, Carlson Bier makes this choice straightforward. Our trusted law firm specializes in personal injury cases, with specifically focused expertise on birth injuries litigation – providing an absolute understanding of the emotional and medical complexities involved. We take pride in achieving ample justice for families who’ve had to face such challenging circumstances due to negligence or malpractice during childbirth. At Carlson Bier, we prioritize your peace of mind by offering impressive legal guidance characterized by compassion and experience; it is what differentiates us from others within the legal sphere. Remember that ensuring rightful compensation at these difficult times aids not just immediate recovery but also secures long-term care needs that might arise later. Therefore, allowing our practiced attorneys to advocate your cause could be critically beneficial for you and your loved ones’ future welfare.

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About Carlson Bier

Birth Injuries Lawyers in Waverly Illinois

At Carlson Bier, we specialize in fighting for justice and rights of victims suffering from birth injuries. Based in Illinois, our experienced and compassionate team of personal injury attorneys are well-versed with the complexities surrounding these sensitive cases. Birth injuries can be a traumatic experience for both parents and children resulting in significant emotional distress and financial burden. Understanding your rights under Illinois law is pivotal to initiating a claim for damages incurred as a result of negligence or malpractice during childbirth.

Birth injuries differ vastly but predominantly are caused due to medical negligence during delivery. This may range from lack of adequate prenatal care, misuse of delivery instruments to inadequate monitoring after the child’s birth which could result in cerebral palsy, Erb’s palsy, Hypoxic Ischemic Encephalopathy (HIE), and many more conditions that have life-long implications. Our goal at Carlson Bier is to ensure you gain comprehensive understanding about each aspect while providing the legal support you require.

Our expert team has distilled complex information into key points:

• Medical errors during childbirth can lead to lifelong disabilities

• These injuries often occur due to substandard care or deviation from acceptable practices

• The affected family is legally entitled to claim compensation for financial burdens arising out these preventable errors

• Legal action needs initiation within eight years following the identification of disability caused by birth injury under Illinois Law

At Carlson Bier, we focus on ensuring families impacted by birth injuries receive all the assistance they need going beyond just legal representation. We provide compassionate counsel making sense of medical reports, explaining laws governing compensation claims combined with solid courtroom strategies maximizing your rehabilitation and recovery costs.

In dealing with such complex cases at Carlson Bier, our approach remains steadfast; proving accountability through thorough investigation leveraging scientific methods and established industry standards. Our unwavering commitment promoting client interest ensures we only partner with highly accomplished physicians aiding accurate case assessments based on defined protocols lending substantial credibility strengthening our case always prioritizing best possible client outcomes.

Birth injury litigation involves multiple layers of complexity. Beyond the necessary medical understanding, attorneys must prove negligence or wrongdoing of medical practitioners during or post-childbirth causing these injuries. Consequently, Carlson Bier has meticulously handpicked its team attorneys bringing a wealth of experience and immense dedication to handling birth injury cases in Illinois with extraordinary finesse while displaying unmatched empathy towards every struggling family.

Access to justice can quite literally be a lifeline for families struggling with the consequences of a birth injury. Often hampered by mounting medical bills and inability to take legal recourse, Carlson Bier’s policy on contingent fee basis ensures that everyone deserves fair representation regardless of their financial standing. We are motivated by our commitment towards restoring lives using every legal resource at our disposal under Illinois law assuring you that we don’t get paid until we win your case.

Our overarching objective at Carlson Bier is empowering our clients through education about their rights when faced with tragic circumstances due to birth injuries providing all the needed tools navigating this extremely difficult time. Throughout each step, we ensure support is extended transcending the courtrooms towards securing rightful compensation contributing significantly in helping secure an equitable future for your loved ones affected by such life altering incidents.

Remember, knowledge is power which can equip you confidently dealing with unforeseen challenges associated with birth injuries; know where you stand legally adding much needed resilience enhancing ability successfully negotiate future obstacles. We invite you now to click on the button below unravelling potential opportunities exploring how much your case might be worth relieving some burden currently faced knowing there are experienced advocates willing to hold those responsible accountable under Illinois law ensuring equal access to justice always prevails.

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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 Waverly

Areas of Practice in Waverly

Cycling Incidents

Specializing in legal services for victims injured in bicycle accidents due to other parties' negligence or dangerous conditions.

Fire Burns

Extending expert legal advice for patients of serious burn injuries caused by occurrences or misconduct.

Clinical Incompetence

Delivering professional legal assistance for patients affected by medical malpractice, including misdiagnosis.

Merchandise Liability

Addressing cases involving defective products, extending adept legal support to consumers affected by defective items.

Elder Abuse

Defending the rights of seniors who have been subjected to abuse in aged care environments, ensuring justice.

Stumble and Stumble Occurrences

Adept in tackling trip accident cases, providing legal advice to clients seeking restitution for their injuries.

Newborn Wounds

Delivering legal aid for relatives affected by medical carelessness resulting in childbirth injuries.

Auto Crashes

Mishaps: Concentrated on helping victims of car accidents get equitable remuneration for harms and damages.

Bike Mishaps

Expert in providing legal services for bikers involved in scooter accidents, ensuring justice for injuries.

Big Rig Incident

Ensuring specialist legal advice for individuals involved in semi accidents, focusing on securing just recovery for damages.

Worksite Collisions

Committed to defending workmen or bystanders injured in construction site accidents due to oversights or misconduct.

Cerebral Damages

Specializing in providing dedicated legal advice for patients suffering from head injuries due to negligence.

Dog Bite Traumas

Proficient in dealing with cases for persons who have suffered wounds from K9 assaults or animal assaults.

Cross-walker Crashes

Specializing in legal representation for pedestrians involved in accidents, providing dedicated assistance for recovering restitution.

Undeserved Passing

Standing up for families affected by a wrongful death, delivering empathetic and skilled legal services to ensure compensation.

Backbone Trauma

Specializing in defending victims with paralysis, offering expert legal services 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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