Articles Posted in personal injury

Product liability cases often hinge on the ability to prove that a product was defective and unreasonably dangerous, directly causing the plaintiff’s injuries. To meet this burden of proof, preserving the product in question is crucial. Whether the claim involves a defective car part, household appliance, or medical device, maintaining the product allows  defective product…

Car accidents are stressful no matter where they occur, but when they happen on private property, things can become more complex. Whether it’s a parking lot, a private driveway, or a privately-owned road, determining fault, handling insurance claims, and understanding legal responsibilities require a slightly different approach compared to accidents on public roads. Surprisingly, 20%…

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…

Nursing homes are entrusted with the care and well-being of some of society’s most vulnerable individuals. Unfortunately, not all facilities meet the standard of care required to ensure the safety and dignity of their residents. When a nursing home fails in its duty, residents may suffer harm as a result of neglect. But what exactly…

John J. Malm & Associates is proud to have helped secure a $350,000 settlement for a 13-year-old boy who suffered severe injuries in an ATV accident at a terrain park in Indiana. This case highlights the dangers of off-road vehicle parks when participants fail to follow safety rules and the importance of uninsured motorist (UM)…

If you’ve been injured in a car accident, you might be wondering: How long do I have to file a lawsuit? The answer depends on something called the statute of limitations—a legal deadline that determines how long you have to bring your case to court. Failing to file within this time frame could mean losing…

Wrongful death cases arise when someone dies due to another party’s negligence or intentional harm. Families of the deceased are entitled to pursue compensation for both financial losses and emotional suffering. Proving damages in fatal accident cases requires a deep understanding of economic and non-economic losses, as well as the potential need for expert testimony…

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…

In December 2024, Stanley, a household name in insulated drinkware, recalled approximately 2.6 million Switchback and Trigger Action travel mugs. This recall highlighted a critical product defect—the polypropylene lids could shrink when exposed to heat and torque, causing them to detach. Such defects, especially when involving hot liquids, pose significant risks to consumers, including severe…