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Birth Injuries in West Frankfort

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

Experiencing a birth injury is traumatic and life-altering. At the Carlson Bier law firm, we are committed to support those affected by such events in West Frankfort. Our diligent team of Birth Injuries legal experts carry an unprecedented track record, specializing in representing clients suffering from birth injuries caused due to medical negligence or malpractice. Each case is treated with compassion, care, and strong attention to detail as we understand the emotional weight our clients bear while seeking justice for their newborns’ harm. We not only investigate each scenario meticulously but also have access to renowned healthcare professionals who offer indispensable insights that often turn cases in our client’s favor. Despite being based in Illinois at large, Carlson Bier focuses strongly on serving those residing amidst us here at West Frankfort—we comprehend your local nuances better than anybody else does! We don’t just represent you; we stand by you throughout this difficult journey—proving ourselves time and again why choosing Carlson Bier could be your best decision towards reclaiming peace after enduring a heartrending experience involving birth injuries.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in West Frankfort Illinois

At Carlson Bier, we understand the emotional and physical turmoil that birth injuries can cause to both the infants and their families, leading to a drastic change in life plans. Serving Illinois with distinction as personal injury attorneys, our experience encapsulates the intricate comprehension of laws synonymous with birth injuries, ensuring an aggressive representation for the affected families seeking justice. We strive to empower our clients with knowledge about this field hinging on issues like negligence, medical malpractice or hospital errors, which might have led to these heart-rending phenomena.

Fundamentally, birth injuries are defined as damages inflicted during childbirth due to unavoidable or avoidable circumstances. Intriguingly enough, not every child born through a flawed birthing process can be categorized under birth injuries. Identifiable signs could include seizures within 48 hours of birth, needing a ventilator for more than 20 hours after delivery, skin discoloration such as jaundice among others.

To differentiate between natural complications during childbirth and those resulting from negligence thus amassing substantial evidence is indeed crucial:

• Here at Carlson Bier, we employ global standards when handling cases regarding but not limited to Erb’s palsy (a form of brachial plexus injury), cerebral palsy (induced by brain damage usually arising from negligence), perinatal asphyxia (lack of oxygen and blood flow), Hypoxic-Ischemic Encephalopathy (HIE) – a type of brain dysfunction caused by shortage of oxygen.

• We set up meetings between clients and medical experts who provide comprehensive guidance corroborating if legal action is necessary.

• In-depth case reviews are essential steps we step we take prior initiating any lawsuit; they include medical record review which helps determine whether malpractice occurred.

Navigating through the highly specialized area of law concerning birth injuries demands profound knowledge accompanied by intense investigation skills matched with commitment – it is exactly what you get with us at Carlson Bier. Our legal team works meticulously, ensuring every detail provides a stream of evidence that upholds your case. Your journey to justice might be challenging, but our expertise moulds it into smooth sailing.

The profound emotions attached to birth injuries – for parents and infants alike – call for attorneys who empathize with the clients’ situation besides possessing top-notch skills in law practice. We pride ourselves on being at the forefront of any fight against those causing such life-altering damages or neglecting their duties leading to these unwanted scenarios, perpetuating an environment where medical professionals are held accountable.

Remember, filing a lawsuit doesn’t mean you are contesting against healthcare providers per se; instead it lays down a precedent for better medical practices maintaining the highest level of professionalism benefitting not only your child but also setting higher standards in childbirth care across hospitals throughout Illinois and beyond.

Given our commitment towards spreading awareness about birth injuries complemented by strong fight we put up in court procuring the best achievable compensation package for affected families, which range from monetary damages needed for treatments or therapies, rehabilitation expenses alongwith emotional distress among others. It’s been said that knowledge is power and arming oneself with information about this key area can go a long way towards understanding your rights and possible avenues of recourse.

To gain more personalized insights about the potential worth of your case along with other aspects relating specifically to your situation click on the button below. Trust us when we say no amount can truly compensate for what you have suffered; however fighting back legally triggers accountability amongst negligent healthcare providers and ensures that they do not repeat such negligence ever again: Because the last thing any parent would wish upon another one is going through what they had undergone.

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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 West Frankfort

Areas of Practice in West Frankfort

Bicycle Mishaps

Proficient in legal support for persons injured in bicycle accidents due to other parties' negligence or dangerous conditions.

Flame Traumas

Providing professional legal advice for people of severe burn injuries caused by events or recklessness.

Hospital Malpractice

Providing professional legal services for clients affected by hospital malpractice, including misdiagnosis.

Items Liability

Addressing cases involving defective products, offering professional legal guidance to customers affected by product-related injuries.

Aged Malpractice

Supporting the rights of elders who have been subjected to malpractice in care facilities environments, ensuring restitution.

Trip & Stumble Injuries

Specialist in handling trip accident cases, providing legal support to clients seeking recovery for their harm.

Childbirth Wounds

Offering legal support for families affected by medical incompetence resulting in infant injuries.

Automobile Incidents

Crashes: Focused on supporting patients of car accidents secure appropriate settlement for hurts and harm.

Bike Crashes

Focused on providing legal advice for individuals involved in bike accidents, ensuring rightful claims for losses.

18-Wheeler Collision

Ensuring experienced legal assistance for persons involved in semi accidents, focusing on securing adequate compensation for hurts.

Worksite Accidents

Committed to representing staff or bystanders injured in construction site accidents due to oversights or carelessness.

Cognitive Injuries

Committed to ensuring specialized legal advice for patients suffering from head injuries due to negligence.

K9 Assault Traumas

Skilled in dealing with cases for clients who have suffered wounds from puppy bites or wildlife encounters.

Pedestrian Incidents

Specializing in legal advocacy for walkers involved in accidents, providing comprehensive support for recovering restitution.

Unjust Fatality

Advocating for families affected by a wrongful death, offering sensitive and expert legal services to ensure justice.

Neural Damage

Expert in advocating for clients with spine impairments, offering dedicated legal assistance to secure justice.

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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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