Articles Posted in Negligence

Divorce is a complex legal process that impacts nearly every aspect of a person’s life, including their finances, property, and even ongoing legal matters such as personal injury claims. If you are in the middle of a personal injury case and either you or your spouse files for divorce, it can significantly affect the outcome…

At John J. Malm & Associates, we understand how overwhelming it can be for families when a loved one dies during the course of a pending personal injury claim. The grief of losing someone is compounded by the uncertainty of what will happen to their case. Thankfully, Illinois law provides a pathway to ensure the…

Loss of consortium is a legal concept that allows a spouse to seek compensation for the loss of companionship, affection, and other relational benefits resulting from injuries sustained by their partner due to another’s negligence or wrongful act. In Illinois, this claim recognizes the profound impact that a serious injury can have not only on…

When an accident or injury is caused by someone else’s negligence, the injured party may consider filing a lawsuit to seek compensation. But what if the person responsible is a minor? Can you sue a teenager or child for negligence, and if so, what are the legal challenges? This question is especially relevant as teenagers…

If you’re a plaintiff in a personal injury case, the deposition stage can feel intimidating. A deposition, often described as a “question-and-answer session under oath,” allows the opposing side’s attorneys to dig into the details of your case. Under Illinois Supreme Court Rule 212, deposition questions can cover a broad range of topics as long…

This is a fictional account of an interview with a senior insurance adjuster for a national insurance company. The information shared in this fictional interview is based on actual events and real insurance industry tactics, including delay, deny, defend, and devalue. The facts presented are grounded in my 30 years of experience as a personal…

If you’ve been injured in an accident due to someone else’s negligence, one of your most pressing questions is likely: What is my personal injury case worth? The value of a personal injury claim depends on several factors, including the severity of your injuries, the costs you’ve incurred, and the impact on your quality of…

The recent shooting of an insurance executive in New York City has thrust a spotlight on the deep distrust many in the public hold toward insurance companies. At the crime scene, shell casings were inscribed with the words “deny,” “defend,” and “depose”—a chilling nod to tactics long associated with the insurance defense industry. These words,…

Winning a personal injury settlement is a significant relief after a long legal battle. According to the Bureau of Justice Statistics, most personal injury cases are settled before reaching trial, which makes settlements a common outcome in civil litigation. However, once a settlement is reached, the legal and financial processes are not quite over. It’s…

In personal injury cases, a delay in diagnosis can complicate matters, but it does not mean the plaintiff cannot recover compensation. Delays can occur for several reasons, including delayed symptom onset, misinterpretation of imaging, or a failure to seek immediate care. Despite these challenges, a delay in diagnosis can be overcome with a strong legal…