Medical malpractice cases can be very complex because you are dealing with technicalities from both the medical and legal professions. You have a legitimate claim when you can prove that injury or death has resulted because a doctor, health care professional, or institution has breached a standard of care. That phrase, “standard of care,” can be the tricky part because it requires an incredible amount of analysis of a variety of different factors. That is why it is essential that you have experienced attorneys. Carlson Bier Associates are the best lawyers for medical malpractice in Cicero and will guide you through the medical malpractice lawsuit process.
How does the medical malpractice lawsuit process work?
Although there is a lot that goes into this process, here are summaries of the basic steps for a medical malpractice lawsuit in Illinois.
1. Hire a lawyer
Timing is everything. In Illinois there is a statute of limitations that puts a time limit on filing a medical malpractice lawsuit. Typically, it is for two years. However, there are some different conditions that can prolong this time frame. In order to ensure that you are able to file a complaint, you want to get the best lawyers for medical malpractice in Cicero right away: Carlson Bier Associates.
2. Initial Investigation
During this step of the process your attorney will review all relevant medical records from the doctor, hospital, nurses reports, or anything else that can help. Your attorney will also question any witnesses and consult medical professionals that are at the top of their field to review the records. If there is a legitimate claim, the medical experts will submit affidavits indicating that there is reasonable and meritorious cause for the case.
3. Filing a Complaint
Based on the step two of the medical malpractice lawsuit process, you and your lawyer will determine if it is in your best interest to move forward with the case. If so, filing a complaint is the next step. The complaint will indicate the legal basis for your claim represented by factual details. In addition, it will request damages (or compensation). At the same time, the affidavits from the medical experts will be submitted.
After the complaint has been filed, the other side will be served and a more formal investigation process starts. This is known as discovery and both sides are able to scrutinize the documents, take depositions, obtain affidavits, and can also request additional medical examinations.
It is likely that at this step both sides will try to reach a settlement. It is often in all parties best interest to avoid the time and financial commitment that a trail costs. However, when you hire Carlson Bier Associates, the best lawyers for medical malpractice in Cicero, they will be trial ready and will make sure you receive the compensation you deserve and justice for injury or death. Even if a settlement is not made at this juncture, the negotiations will probably continue, and a settlement can still be reached during the trial.
5. Trial and Verdict
If the case goes to trial it is held in front of a judge and jury. Both sides present their evidence and witnesses and make their arguments. The jurors then deliberate. They review all the evidence presented, their notes, and any exhibits. The jury discusses all of these things and returns a verdict for liability, damages, or both.
Some damages can be easy for the jury to calculate. Medical bills and lost income, for example, typically have a pretty set number. There can also be pain and suffering factored in, which can be calculated in a variety of ways.
6. After the Trial and Verdict
If you have been awarded monetary compensation at the end of the medical malpractice lawsuit process, or if you have settled, your lawyer will collect the funds. Then, if you have the best lawyers for medical malpractice in Cicero, they will make sure all bills are settled, resolve any health care liens, and take care of any other claims on the money. Once that is over, the rest will be disbursed to you in a series of payments or a lump sum.
Although the medical malpractice lawsuit process can be difficult, our attorneys at Carlson Bier Associates will guide you through it, so you can get the justice you deserve
Carlson Bier Associates are the best lawyers for medical malpractice in Cicero and will pursue justice on your behalf. If a mistake was made, you deserve to be taken care of throughout the medical malpractice lawsuit process. You deserve fair compensation. And you deserve justice for yourself or your loved one. Contact us today, so we can get started on your case.