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Birth Injuries in West Peoria

Birth Injuries Trial Lawyers
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About Carlson Bier Associates

For the sensitive matters of birth injuries, trusting Carlson Bier is essential. As a distinguished firm in Illinois with a proven reputation, we excel in representing families affected by these unfortunate incidents. We understand the profound emotions and challenges you face due to birth injuries; hence our experienced team walks through this journey alongside you offering compassionate legal advice – an attribute that truly sets us apart. Our record of securing substantial settlements proves our commitment to obtaining justice for clients regardless their geographic location, including West Peoria.

The complex nature associated with birth injury cases necessitates unrivaled dedication and expertise – benchmarks fully embraced at Carlson Bier. We take pride in comprehensively investigating each case while employing strategic legal approaches tailored individually to assure maximum compensation for your distress.

Given anyone’s difficult circumstance when faced with birth injuries, consider choosing a law firm like ours equipped not just by adequacy but rather adeptness & adroitness complemented via years of litigation experience: Carlson Bier – rendering excellence through proficient Birth Injuries’ representation.

Meet Our Attorneys
About Carlson Bier

Birth Injuries Lawyers in West Peoria Illinois

If you’ve had a child who has suffered from a birth injury, the emotional distress can be unimaginable. The law firm of Carlson Bier empathizes with your pain and is committed to advocating for your rights in Illinois. Our personal injury attorney group contains dedicated professionals experienced in handling birth injury cases effectively.

Birth injuries are medical harms or complications that an infant experiences during childbirth due to negligence or medical malpractice. They may include physical trauma, oxygen deprivation, infection exposure, delayed cesarean section delivery and failure to respond to fetal distress promptly. Potential consequences often span mild impairments like minor fractures to more severe neurological damage such as cerebral palsy or Erb’s palsy.

Here at Carlson Bier, our team works diligently to investigate these complicated circumstances surrounding your child’s birth injury. We consult top-notch medical experts carefully scrutinize all related prenatal records, labor chart data and any pertinent clinical details related directly to your case. Furthermore:

– We analyze if there existed alternative measures which could have been implemented to prevent the avoidable harm.

– We consider whether appropriate diagnostic tests were administered accordingly as per standard obstetric protocol.

– We evaluate if correct procedures were followed by midwives and other personnel involved in the birthing process.

Carlson Bier attorneys work tirelessly with parents throughout every step of their legal journey following a birth injury incident. Our compassion together with legal proficiency comes across as we guide clients through this delicate process seeking justice against negligent parties responsible for preventable damages done unto their child(ren).

Regarding financial compensation, acquirement varies significantly based on seriousness of resultant impairment from the birth injury incurred. Examples may extend but not limited towards:

– Current & future medical expenses: Encompasses hospitalization costs immediately following childbirth plus ongoing therapeutic care including physical therapy sessions.

– Pain & suffering: Follows intense emotional upheaval undergone by affected baby and family alike attributable directly back towards the traumatic event itself.

– Loss of future income: Contains provision for potential lifetime earnings chances lost due to disability onset.

While any monetary award received can never right these wrongs, it helps to offset some of life’s challenges attributed to the injury. It’s crucial, therefore, you have an experienced legal team like Carlsons Bier working diligently on your side – fighting earnestly for the best possible outcome on your behalf.

It’s essential also for parents to understand that birth injury lawsuits fall under strict time constraints known as ‘statute of limitations.’ There are definite timeframes within which such a case must be initiated in court. In Illinois, this is typically eight years from occurrence date or if the child dies due to the birth injury, two years subsequent thereto. Therefore, contacting an attorney promptly upon suspecting a birth injury aids in ensuring available options aren’t limited by running out of time.

Here at Carlson Bier, we pride ourselves on serving communities across Illinois – ensuring they receive quality representation and justice they rightfully deserve following birth-injury tragedies happening unto themselves or their loved ones. Our knowledgeable personal injury attorneys aim not only towards acquiring stellar legal outcomes but also lending much-needed support during emotional trials facing our clients.

In sum, achieving apt redress following birth injuries takes more than mere determination; it necessitates specialized legal expertise together with insight regarding complicated medical disciplines involved therein. Hence why engaging with Carlson Bier presents coherent advantages in seeking deserved compensation post-experiencing such devastating occurrences courtesy of professional negligence occurring during childbirth.

Feel compelled previously unheard? Please contact us today! Click on the button below now and determine how much your case could potentially worth as per unique circumstances pertaining individually onto you! Allow us stand beside you throughout this arduous journey ahead thereby obtaining complete justice always envisaged!

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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 Peoria

Areas of Practice in West Peoria

Pedal Cycle Collisions

Dedicated to legal assistance for individuals injured in bicycle accidents due to others's carelessness or perilous conditions.

Scald Traumas

Supplying adept legal help for patients of intense burn injuries caused by accidents or misconduct.

Physician Incompetence

Providing expert legal advice for victims affected by physician malpractice, including medication mistakes.

Goods Obligation

Managing cases involving dangerous products, extending skilled legal services to clients affected by harmful products.

Nursing Home Malpractice

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

Tumble and Slip Mishaps

Expert in tackling trip accident cases, providing legal advice to sufferers seeking compensation for their losses.

Birth Wounds

Extending legal support for households affected by medical incompetence resulting in neonatal injuries.

Auto Mishaps

Mishaps: Focused on helping clients of car accidents obtain equitable payout for harms and impairment.

Bike Incidents

Specializing in providing legal support for motorcyclists involved in motorbike accidents, ensuring fair compensation for damages.

18-Wheeler Collision

Providing adept legal advice for drivers involved in lorry accidents, focusing on securing rightful recompense for harms.

Building Incidents

Focused on assisting workers or bystanders injured in construction site accidents due to carelessness or negligence.

Cerebral Damages

Committed to extending dedicated legal services for victims suffering from cerebral injuries due to accidents.

Dog Attack Injuries

Skilled in tackling cases for clients who have suffered wounds from canine attacks or animal attacks.

Jogger Collisions

Expert in legal assistance for foot-travelers involved in accidents, providing comprehensive support for recovering restitution.

Undeserved Demise

Working for families affected by a wrongful death, offering empathetic and experienced legal assistance to ensure fairness.

Neural Harm

Focused on representing patients with backbone trauma, offering professional legal guidance 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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