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Birth injuries are difficult to consider at such an important and stressful time in your life. However, unfortunate situations where medical care providers act negligently or recklessly do occur, posing a serious risk to the child's future well-being.

In these types of situations, you may have the ability to hold the at-fault party accountable for paying the costs of medical care, home modifications, ongoing therapy and treatment, and pain and suffering, mental anguish and loss of enjoyment of life. However, you can only obtain this relief if you file your action within the time limit set forth by Illinois’ statute of limitations.

To learn more about your case, how much you could recover, and when you must act, call our dedicated Illinois birth injury attorneys as soon as possible. By reaching out to Wruck Paupore at (219) 322-1166 today, you can obtain a free first-time case evaluation.

Types of Birth Injury in Illinois

There are a variety of conditions that could result from medical malpractice during the labor and delivery process. While some may result from natural complications during the process, some can point directly to shortcomings in the medical care that you or your family received. Below are summaries of just a few of the most common forms of birth injury.

Erb’s Palsy

Erb’s palsy is a birth injury involving the brachial plexus nerves most frequently associated with medical malpractice. When excessive force is exerted on the baby’s head, neck, or shoulders during delivery, the nerves that connect the upper extremities to the spinal cord can be damaged, causing paralysis or loss of sensation or control in the arms, hands, or shoulders. Depending on the extent of the damage, Erb’s palsy may not heal entirely and could cause indefinite disability.

Hypoxic Encephalopathy

Hypoxia occurs when the baby is deprived of a steady supply of oxygen for an extended period. This could occur during any stage of labor but most frequently occurs when there are delays in the delivery process. Hypoxic encephalopathy could lead to conditions such as cerebral palsy, which is a serious disability that may require lifelong care indefinitely.

Fractures

At the moment of birth, a healthy baby will have enough flexibility to allow them to navigate through the birth canal safely. However, a direct consequence of that added flexibility is the ease with which fractures may occur. This is particularly common where the baby is breech or positioned feet-first, which makes delivery much more difficult and could become life-threatening.

Infections

Though delivery rooms are typically sterile environments, that does not prevent infections from passing from mother to child in the birth canal. It is critical that physicians identify the potential for infection by conducting tests on the mother prior to the birthing process and plan accordingly to treat the infection and prevent the harm that it may cause.

Damages for Birth Injury Lawsuits in Illinois

If a birth injury lawsuit is successful, an Illinois court will award damages based on the collective costs that the injury has caused and will likely lead to in the future, as well as the impact on quality of life. The following are some of the many factors that courts will consider when assessing damages in an Illinois birth injury case.

  • Hospital fees, diagnostic tests, and prescription medications
  • Medical specialist appointments and services
  • Caretaking and nursing services
  • Necessary assistive devices and equipment, such as wheelchairs, hearing aids, and orthotics
  • Home and vehicle modifications to allow for disabled access
  • Physical therapy and rehabilitation
  • Specialized educational needs
  • Psychological therapeutic care
  • Loss of capacity to earn a living
  • Mental and emotional pain and suffering
  • Personal consequences of scarring or disfigurement

While there can be enormous financial costs associated with a serious birth injury, the emotional and mental anguish resulting from these injuries can be the most difficult consequence to face and is a significant part of your claim for legal damages.

Statute of Limitations for Birth Injury Lawsuits in Illinois

Illinois has complex laws on deadlines for filing all types of personal injury lawsuits, including those stemming from birth injuries. For medical malpractice specifically, the time window provided by the Illinois statute of limitations is two years from either the date the injury was sustained or when it reasonably should have been discovered, lasting no more than four years total from the date the injury occurred.

However, several exceptions may apply specifically to birth injuries. If the medical malpractice victim is a minor at the time of the injury (as is always the case with birth injuries), they and their parent or legal guardian have up to eight years within which to file their lawsuit, provided they have not reached the age of 22 during that time. Suppose the at-fault medical provider takes steps to conceal the cause of injury that could be considered fraud. In that case, the victim has up to five years after discovering the relationship between the malpractice and the injury to file.

A dedicated Illinois birth injury attorney can help you synthesize the various laws and exceptions that govern your filing window so that you can avoid having your case thrown out for missing a statutory filing deadline.

It is always best to reach out as soon as possible to give your lawyer plenty of time to assess the situation and develop your case. While the statute of limitation may give you ample time to file your lawsuit, the most important evidence necessary to prove your case may begin to disappear soon after the birth, so it is imperative to act as quickly as possible.

Get Dedicated Legal Assistance for an Illinois Birth Injury Today

When you call the experienced Illinois birth injury lawyers with Wruck Paupore at (219) 322-1166 today to receive a free case evaluation and to learn more about your legal rights.

Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

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$940,000

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$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

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Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.

Your Legal Team

Your Legal Team


Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

Best Indiana Auto Accident Lawyer
Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

Best Personal Injury Lawyers Indianapolis
More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

Best Nursing Home Abuse Lawyers Indiana

Real Client Testimonials


Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.