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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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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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Are You Sure You Want to Post That? It Could Cost You Your Case.

3/20/2014

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PictureMaintain full discretion on social media.
Nowadays it may seem everyone has a social media account, whether it be Facebook, Twitter, Instagram, etc. We share statuses, photos, and videos about our daily whereabouts, happenings, and the highs and lows of our life. Friends, and sometimes ourselves, may be guilty of "over-sharing" and divulging too much information. While over-sharing and TMI might be commonplace within your feed, it could become highly damaging if you or someone close to you has legal case pending. 

So, how do you keep yourself from damaging your case?


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Sidewalk Snow Removal: Homeowner Liability

2/7/2014

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PictureStill your best friend.
Last week's sidewalk snow removal guidelines for homeowners prompted the question of legal liability. It's courteous to pedestrians to keep sidewalks clear, but is it required by law? Can a homeowner be held responsible for injuries arising from a snow- or ice-related fall? The answers are no, and probably not. 

It is not required by Illinois law for homeowners to shovel their sidewalks, and the law even grants a special civil immunity to homeowners from sidewalk slip-and-fall lawsuits. (Businesses, on the other hand, are not immune from liability.)



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Sidewalk Snow Removal: A Guide for Homeowners

1/28/2014

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PictureYour new best friend.
As tempting as it may be to stay indoors sipping hot chocolate during this "polar vortex," many of us have to venture out into the cold to go to work, school, or to run errands. Homeowners have one extra reason to brave the cold: shoveling. 

Not only will pedestrians appreciate it, but you'll avoid the risk of being fined if your local municipality requires you to clear your sidewalk. Here in Chicago, many people rely on walking and public transit as a means of transportation, meaning snow and ice can become a big problem when it obstructs pathways.

In the City of Chicago, homeowners have different time frames to clear sidewalks depending on the time of snowfall and the day of the week:


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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.