Articles Posted in Negligence

In personal injury cases, the types of damages a plaintiff can recover are varied and depend on the nature and severity of the injury. One particularly devastating type of harm is disfigurement. In Illinois, disfigurement is recognized as a distinct element of damages in personal injury cases. At John J. Malm & Associates, we know…

Arbitration agreements have become increasingly common in many types of contracts, including those that may involve personal injury claims. Whether you’re signing a waiver for a gym membership, using a rideshare service, or agreeing to the terms of an online service, you might find yourself agreeing to resolve disputes through arbitration rather than taking legal…

Sports provide an exciting and healthy way for individuals to engage in competition, build skills, and enjoy physical activity. However, injuries are a common occurrence in sports, especially in contact sports like football, hockey, and wrestling. In Illinois, the “contact sports rule” plays a crucial role in determining liability in sports injury cases, particularly when…

Eyewitness testimony has long been a cornerstone of legal proceedings, often considered a powerful tool in establishing facts and determining the truth. However, recent studies and legal analyses have increasingly shown that eyewitness testimony is inherently unreliable. This unreliability stems from a variety of factors, including the fallibility of human memory, the influence of stress…

When a minor is involved in a personal injury case, Illinois law mandates certain protections to ensure that the minor’s best interests are represented and protected. A critical component of this process is the appointment and role of a guardian. Here’s an in-depth look at the role of a guardian in settling a minor’s personal…

Prompt medical attention after an injury is crucial not only for your health but also for the success of your personal injury case. Here’s why seeking immediate medical care can significantly impact the outcome of your claim: Documenting Your Injuries Mitigating the Risk of Worsening Conditions Strengthening Your Legal Claim Enhancing Settlement Negotiations Conclusion Seeking…

When you suffer an injury due to someone else’s negligence, seeking compensation through a personal injury claim can help cover your medical expenses, pain and suffering, and other associated costs. One critical component of these damages is lost wages. Proving lost wages effectively is essential in ensuring you receive the full compensation you deserve. Here’s…

Brain bleeds, or intracranial hemorrhages, are serious medical conditions that require prompt diagnosis and treatment. However, these injuries can sometimes go undetected in the emergency room due to a variety of factors. Understanding why this happens can help patients and their families advocate for thorough evaluation and care. The Complexity of Brain Bleeds Brain bleeds…

In the realm of personal injury law, punitive damages hold a unique and significant position. While compensatory damages aim to cover the victim’s actual losses, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. In Illinois, the awarding of punitive damages follows specific legal guidelines and principles. What Are…

In Illinois personal injury cases, the question often arises whether jury awards or settlements result in higher compensation for plaintiffs. Understanding the differences between these two outcomes can help plaintiffs and their attorneys make informed decisions about pursuing a trial or negotiating a settlement. While both options have their merits, the below data can shed…