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Claiming Compensation for an Injured Infant, Child, or Teen

10/15/2014

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When we think of personal injury law, we tend to think of cases where adults get hurt and obtain compensation for their injuries. The fact is that children, just like adults, can become seriously injured as a result of the intentional or negligent acts of others. And, just like adults, minors can be entitled to compensation under the law.

A parent or guardian can bring a lawsuit on behalf of a minor. The State of Illinois makes an exception for children under the age of 18 by extending the period of time in which a lawsuit can be filed. Generally for adults over 18, the time limit automatically begins to run from the date of the incident. However for minors, the time limit is "tolled," or suspended, until the child reaches the age of 18. This means a parent or guardian has until the child's 18th birthday to file. Once the child reaches the age of majority, she or he can file a claim independently without a parent or guardian.

As a parent or guardian, it is important to be aware of your child's legal rights. Incidents in which infants, children, and teens may become seriously injured can include, for example:
  • Injury sustained before birth
  • Injury sustained at time of delivery
  • Injury caused by a defective product
  • Negligent care by medical provider
  • Negligent care by daycare service
  • Injury sustained during auto accident
  • Injury caused by another child or teen
  • Slip and fall due to improperly kept conditions
  • Injury caused by playground or amusement park equipment
  • Injury caused by negligence at school (pre-k through college)
  • Injury suffered at work (for children of legal working age under 18)

If you are a parent or guardian of a child who has been injured, call (773) 376-9800 or fill out an online request for a free consultation.

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Written by DMM at the Law Offices of Hugo A. Ortiz.

This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.





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Received Deferred Action? It's Time to Submit Your DACA Renewal Request

7/14/2014

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Know when to renew your DACA.
If you or someone you know has been granted deferred action for childhood arrivals (DACA) for the initial two-year period, keep in mind that renewal requests should be submitted 4 months before expiration. 

An incomplete or inaccurate request could be rejected. A rejected request, or one submitted after expiration, can result in unlawful presence in addition to becoming unauthorized to work. 

New DACA requests are also currently being accepted.
Need help filing? Call us today at (773) 376-9800 or request an appointment online.

For more information on DACA renewal, visit the DACA renewal page on the official U.S. Citizenship and Immigration Services website.

"Like" us on Facebook to stay up-to-date with future blog posts.

Written by DMM at the Law Offices of Hugo A. Ortiz.

This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
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Practical Tips for Reducing Your Own Medical Bills

6/27/2014

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It's a little-known fact: medical bill charges aren't always set in stone. Although the charges may seem non-negotiable, key industry players such as insurance companies, Medicare, and experienced attorneys routinely negotiate with medical providers for reduced charges. 

Did you know that you, the patient, can also personally negotiate to lower your own medical charges? 

Attorney Ortiz shares his advice:

"As part of my job as an attorney, I frequently negotiate medical bills upon settling a case or winning an award. Why? Well, the final monetary award must cover all medical charges and legal fees. The remaining amount is for the client to keep. Successful negotiation with medical providers means reduced charges, and reduced charges means more money in my client's pocket. I get reductions of 20, 30, or even up to 75% off the original amount. My clients are hard-working people, generally from the lower or middle class. Lately medical costs are increasing, and people shouldn't be burdened with high medical bills when there is a way to help lower them. I tell all my family and friends—just by picking up the phone, or writing to the hospital, you may be able to save a significant amount of money."
The following is a list of tips compiled especially for you, the patient. At least one, or even all of these tips, can help prepare you to negotiate with your provider's medical billing department:
  • Review the bill: It's a step many people decide to skip, but with a keen eye you can spot errors such as double charges, charges for services that were not rendered, and charges that simply don't make sense (i.e. $40 for gauze). Make sure to request the most recent bill, in itemized form. Make a note of the errors and opportunities for negotiation.
  • Ask for a discount: It's as simple as that. Be sure to state a reason, and you may be surprised at their willingness to strike a deal with you.
  • Find the Medicare rate: If you have Medicare, this tip alone can save you hundreds, even thousands, per bill. As a standard, Medicare and insurance companies negotiate for discounts, on average, of more than half of what providers charge. Ask to pay these rates.
  • Compare charges: New advances in consumer rights has allowed for increased transparency regarding standardized rates for procedures. Call and search online for information on what other similar providers charge for the same or similar procedures.
  • Communicate: At the end of the day, communication is key. Let your insurance provider, medical provider, and/or a Medicare representative know if you are struggling with your bill/s. Ask them to work with you to set up a manageable repayment plan.

"Like" us on Facebook to stay up-to-date with future blog posts.

Written by DMM at the Law Offices of Hugo A. Ortiz.

This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content may not be reproduced without written consent.
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Was it Medical Malpractice? 4 Basic Elements to Keep in Mind

5/29/2014

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PictureBecome an informed patient.
In the year 2012, almost $4 billion were paid to victims of medical malpractice in the U.S. The injuries include death, permanent physical injury, temporary physical injury,  emotional injury, and minor physical injury. They may be related to any facet of medical care, including diagnosis, surgery, treatment, medication, monitoring, and anesthesia. However, a bad experience or outcome does not necessarily imply negligent medical care.

The following basic elements must be present before an incident may be considered to be a potentially viable medical malpractice case:


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EFFECTIVE IMMEDIATELY: Corporations Must be Represented by Attorney in Chicago Code Violation Cases

4/10/2014

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PictureOwners can no longer represent a business.
Chicago business owners, take notice. You will no longer be able to represent your corporation in a Chicago code violation case. Likewise, neither employees nor designated officers can represent corporations at administrative hearings in the event of a health, building, or other code violation.

On March 31, 2014 the Illinois Appellate Court ordered that:
  • A corporation must be represented by a licensed attorney
  • A non-attorney can no longer represent a corporation on a code violation case
  • The City of Chicago must comply with this court order


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This site is intended solely for Illinois residents. Click here to read our full disclaimer. Copyright © 2014 Law Offices of Hugo A. Ortiz, P.C. Content cannot be reproduced without written consent.