You’ve exhausted all your options in getting your medical billing dispute resolved. The next step may be filing a small claims case in Illinois (or your resident state as each state has their own process); you may feel overwhelmed and uncertain of what this entails. Fortunately, it can be straightforward with the right preparation and provides simplified rules for a faster conclusion. Learn what you need to know about filing a small claims case in the state of Illinois. (Disclosure: This is not legal advice and is presented for general information purposes only.)
Steps for Filing a Small Claims Case in Illinois
The first step to filing a small claims case is to fill out the complaint form which is also available online at the Illinois Courts website. This document outlines your complaint and states why you are seeking damages from the other party. Make sure to provide as much detail as possible on the form so that your claim is taken seriously by the court. It’s also important to include all relevant information such as names, addresses, contact information, dates, etc. Once the form is filled out, file it with the appropriate court (usually local or district) and pay any necessary fees associated with it.
What You Can Expect from The Process
Once your claim is filed, it will take up to four weeks or more for a hearing date to be set. During that time period, both parties involved will receive notice of their hearing date and will have an opportunity to work out their differences without going through litigation if they prefer that option. On the day of the hearing both parties must attend court and present their arguments in front of a circuit court judge who will make a decision based on evidence provided by both sides.
Depending on how complicated and disputed each side's arguments are, this process could take anywhere from 15 minutes up to two hours or more. Small claims court proceedings generally are speedy and based on a maximum claim dollar amount of $10,000.00. Individuals may or may not choose to have legal representation. But consulting with an attorney who specializes in healthcare law or medical billing disputes before going into court can provide you with legal strategies that will help support your position during trial proceedings. Remember, though, you are making an investment of time and money and your case may take many months to years to complete. Carefully consider this before filing a complaint. If you want to see court action prior to formally filing a complaint, you can sit in on court sessions as they are open to the public.
Presenting Yourself in Small Claims Court: Tips for Success
Presenting yourself in small claims court can be intimidating if you don’t know how to prepare. It’s important to remember that presentation matters. Dress appropriately, speak clearly and calmly, and remain composed throughout the proceedings. Make sure that all documents and information necessary for your case are organized and accessible. This includes any paperwork such as medical bills, insurance statements, receipts, and other relevant documentation related to your claim. You may also want to bring notes about your side of the argument so that you don’t forget any important points during the hearing. Make sure that all material is clearly labeled and presented in chronological order so that it is easy for the judge and other parties involved in the case to understand what is being presented.
Tips For Getting Your Case Resolved Quickly and Efficiently
When arguing your case in small claims court, it’s important to keep everything concise and on point. Stick only to facts relevant to your case. There is no room for irrelevant information, emotional outbursts or personal comments about other parties involved in the dispute. Also be respectful at all times and come emotionally prepared! Do not raise your voice or argue with others (including the judge). Speak slowly and clearly so that everyone in attendance can understand what you are saying. Finally, avoid using legal or medical jargon. Instead use simple language to avoid confusion so that everyone can understand exactly what happened and why you believe you should win the case.
Showing up prepared with all the necessary evidence will also help make a strong impression on the judge who will ultimately decide your case. It’s also important to know exactly what you’re talking about before going to court - which means doing your research ahead of time. Make sure you understand each piece of evidence you plan on bringing up so that there is no confusion about why it is relevant or how it applies to your argument. Being knowledgeable about what happened will help ensure that you don’t get caught off guard during questioning from opposing counsel or the judge overseeing your case.
Be sure to include any relevant evidence or citations whenever possible. This adds credibility to your argument and helps support each point made throughout proceedings. Use original content rather than a document you created yourself. An example would be screen shots or print outs of medical procedure costs supporting your case or complete definitions of procedure or service medical codes. Be sure to include source, date and any other verifiable information substantiating your point.
It's important to understand your rights as a patient before going into a small claims court hearing. In Illinois, fee-based hospital patients are protected under the Fair Patient Billing Act to receive fair billing and collection practices while Illinois Public Act 096-1523 protects against surprise medical bill balanced in situations as described in the Act. Familiarize yourself with laws relevant to your particular case and be prepared to explain how those laws support your position in court. Doing this will give you an edge over other parties involved in the dispute who aren’t as familiar with applicable laws or regulations related to their issue. Additionally, knowing your rights will help ensure that justice is served by preventing any party from taking advantage of another due to lack of knowledge about applicable laws or regulations related to their issue.
Research the background, qualifications and records of the opposing party and the judge assigned – especially as it relates to your specific dispute. Things you will learn include how experienced they are with this dispute type, typical rulings on like kind cases and past verdicts.
Using Expert Witnesses in Medical Billing Disputes
You may find it extremely helpful to gather expert testimony from medical professionals who are familiar with the procedures and services at issue in your case. An expert witness can provide valuable insight into the facts of the case to the court.
What is Expert Witness Testimony?
An expert witness is a person who has specialized knowledge or experience with a particular subject matter. In the context of medical billing disputes, an expert witness may be someone who has extensive experience working with medical billing and insurance companies, such as a former billing manager, health insurance vice president or high level coder. Medical experts are typically called upon to provide their opinion on matters related to the patient's treatment plan and whether or not it was appropriate for their diagnosis. An expert witness should have no financial stake in the outcome of your case—if they do, their credibility could be called into question by opposing counsel during cross-examination.
The Benefits of Expert Witness Testimony
Having an experienced medical professional testify on your behalf can be invaluable when trying to resolve a medical billing dispute. An expert witness can explain complex concepts and concepts in language that the court can understand, which can make it easier for them to understand the nuances of your case. Furthermore, if the opposing party attempts to discredit any part of your testimony, an expert witness can provide validation for any statements made by you or other witnesses in court. The expertise provided by an expert witness can also serve as leverage when negotiating a settlement outside of court.
Having an experienced medical professional testify on your behalf as an expert witness can give you the edge needed to win your case in Illinois small claims court—and ultimately get you the reimbursement that you deserve!
Conclusion
Filing a small claims court case can be an intimidating experience, but if you take the time to prepare properly, it won’t have to be stressful or overwhelming. Be sure to gather all relevant evidence ahead of time, organize it neatly, and know exactly what points you want to make before going to court. Presenting yourself professionally with confidence is essential for making a good impression on the judge who will ultimately decide your fate! By using these tips, you’ll feel more confident heading into a small claims court hearing, knowing you did everything to prepare yourself for success.
Need more help with resolving a medical or dental bill issue? Contact your area's local patient advocate or reach out to MBCR today!