Naperville Personal Injury Attorneys

If you've been injured in an accident in Naperville, Illinois, you may be entitled to compensation for your damages, including medical bills, pain & suffering and lost wages. For more than 30 years, John J. Malm and his team have fought and won millions in settlements and recoveries for injured victims. Since 2003, John J. Malm & Associates Personal Injury Lawyers has proudly served the residents of Naperville at the firm’s offices located at 1730 Park Street. We are the trusted, local personal injury law firm to call when you have questions about a serious personal injury or wrongful death case.

It's important to have the most experienced personal injury attorneys on your side to help you navigate the complexities of your personal injury claim and ensure you receive the compensation you deserve. At John J. Malm & Associates Personal Injury Lawyers, we have the knowledge, skills and resources to handle even the most complex personal injury cases. Our award-winning Naperville law firm is a team of top-rated attorneys with over 85 years of combined personal injury litigation experience in the DuPage County Circuit Court.

We are here to listen and provide compassionate legal representation to you and your family every step of the way. When you call us, our team will go to work to investigate your case, gather evidence, negotiate with insurance companies, and, if necessary, litigate your claim in court to ensure you receive fair compensation for your injuries and losses.

There is no obligation to speak with us, and we offer a free consultation to discuss your case. Because we work on a contingency fee basis, there are no fees unless we win. Don't wait to seek the legal help you need. Contact us in Naperville today at 630-527-4177 to speak with John Malm or any other member of our legal team to learn how we can help you.

• Do you have a personal injury case?
• Why should you hire an experienced personal injury lawyer to represent you?
• How can a personal injury lawyer help you successfully deal with the insurance company?
• Why choose John J. Malm & Associates Personal Injury Lawyers?
• What types of cases do personal injury lawyers in Illinois typically accept?
• What kinds of cases does John J. Malm & Associates Personal Injury Lawyers handle?
• What types of damages are recoverable by accident victims?
• Can someone who was partially at fault in causing the accident still bring a personal injury claim?
• How long do you have to file a personal injury case in Illinois?
• How does a “lien” affect your personal injury settlement?
• How are personal injury lawyers paid?
• Where can you go to receive medical treatment for personal injuries from a Naperville accident?

If someone has acted carelessly, and their actions have injured you and caused you harm, you may have a legal basis to pursue a personal injury claim for damages due to negligence. Negligence means the failure to use “ordinary care”, or acting in a way that a reasonable person would not. Here are just a few examples of accidents caused by negligence that can give rise to a personal injury claim for damages under Illinois law:

• Car Accidents: If a motorist carelessly turns in front of you at a busy intersection in Naperville, striking your vehicle and causing you to suffer injuries.
• Uninsured Motorists: For example, when a policyholder is involved in an accident with a driver who lacks insurance or in a hit-and-run incident where the responsible driver cannot be identified, an uninsured motorist claim is filed to cover medical expenses, lost wages, and pain & suffering damages resulting from such accidents, providing financial protection for insured drivers.
• Product Liability (a defective product): For instance, a defective and dangerous product causes you harm, even though you used the product as it was intended.
• Slip and Fall Accidents (premises liability): For example, if a Naperville property owner fails to address a hazard on the premises, such as a defective staircase, leading to your injury.
• Dog Bite Injuries (or animal attacks): If a dog suddenly attacks you as while walking on a Naperville sidewalk, the homeowner or dog owner may be strictly liable under the Illinois Animal Control Act and possibly for negligence.
• Medical Malpractice (medical negligence): For example, you see a family physician who fails to conduct proper diagnostic testing as required by the applicable standard of care, resulting in a misdiagnosis (like a missed cancer or other disease).
• Nursing Home Negligence (nursing home abuse and neglect): When nursing homes fail to provide care as required by the Illinois Nursing Home Care Act, resulting in medication errors, falls, broken bones, bed sores, dehydration, choking, or abuse and neglect.
• Truck Accidents (semi-truck accidents): For instance, a distracted truck driver fails to reduce speed and crashes into your vehicle on I-88 in Naperville, causing you and your passenger severe injuries.

Many other careless accidents can serve as the basis of a personal injury claim for negligence. Call and speak with one of our personal injury lawyers in Naperville to find out if you could be entitled to compensation.

Hiring a personal injury attorney can significantly increase your chances of obtaining fair compensation for your injuries and losses after an accident. Having a skilled Naperville personal injury attorney may be especially important in the following situations:

• Serious Injuries: If you've sustained serious injuries that require medical treatment or have long-term consequences, an injury lawyer can help you seek appropriate compensation.
• Disputed Liability: If there's a dispute regarding who is at fault for the accident or if the other party denies legal responsibility, a personal injury lawyer can investigate, gather evidence, and litigate your case.
• Insurance Issues: Understanding issues related to liability coverage can be complex. A personal injury attorney can negotiate and litigate if your claim is denied.
• Negotiating a Fair Settlement: A skilled lawyer knows how to present your case and negotiate a fair settlement with the insurance company and its lawyers, ensuring you receive the highest possible compensation for your damages.
• Resolving Unpaid Medical Bills or Liens: A personal injury lawyer can help you negotiate unpaid medical bills or insurance liens filed against your case, potentially saving you significant amounts of money when it's time to receive your settlement.
• Dealing With the Insurance Company: Insurance companies want to deny your claim or minimize any settlement with you. Having a knowledgeable personal injury attorney, who knows the law and how to fight the insurance company, allows you to guard against known insurance company defenses and tactics of delay.
• Case Evaluation: Attorneys can evaluate the strength of a client's case by assessing factors such as liability, damages, and available evidence. The evaluation can help you understand the likelihood of success in pursuing compensation.
• Lost Wages or Future Damages: If you've suffered lost wages or anticipate future damages from ongoing medical expenses, a personal injury lawyer can help calculate, document, and pursue compensation for economic damages.
• Litigation: If a fair settlement cannot be reached through pre-suit negotiations, a good injury attorney can represent victims in court and vigorously litigate their claims. Attorneys can present evidence, cross-examine witnesses, and argue legal points to pursue favorable outcomes in court.
• Access to Resources: Personal injury attorneys often have access to resources such as accident reconstruction experts, medical professionals, and investigators, which can strengthen the victim's case and support their claims for compensation.
• Peace of Mind: Having an experienced injury attorney handling the legal aspects of the case can provide victims with peace of mind, allowing victims and their families to focus on their recovery while knowing that their rights are being fought for and protected.
• Wrongful Death: In the event of the death of a loved one, a wrongful death lawyer is necessary to seek justice and compensation for the surviving family members. Wrongful death litigation in DuPage County requires that an administrator first be appointed to represent the interests of surviving family members, either as a special administrator or as an independent administrator (probate). An experienced personal attorney is needed to help you navigate the complex legal rules involved in wrongful death cases.
• Child Injuries: In cases involving an injury to a child, an attorney is needed to certify to the court that the legal steps taken were appropriate and that the amount obtained through settlement was fair and reasonable. The Circuit Court in DuPage County requires parents to file a petition in the court to allow the parents to serve as guardians of the minor’s estate, seek approval of any proposed settlement and be responsible as a fiduciary for the child’s settlement until the child turns 18 (or some later date).
• Navigating Complex Legal Issues: Personal injury law in Illinois is often complicated, and the legal process is far too challenging to navigate on your own. A personal injury lawyer can provide helpful guidance on legal procedures, ensuring that you meet all deadlines and fulfill necessary requirements.

Our award-winning, Naperville-based team of personal injury attorneys are dedicated to pursuing justice for you. At John J. Malm & Associates Personal Injury Lawyers, we help you by providing:

1. Compassionate Guidance: We provide compassionate legal representation and keep you fully informed throughout the process.
2. Thorough Investigation: Our lawyers will examine your accident or claim and collect necessary evidence to establish and prove liability, causation and the true nature and extent of your damages.
3. Comprehensive Representation: From beginning to end, we manage every aspect of your personal injury claim, helping to best ensure a meaningful outcome.
4. Skillful Negotiation: We have the knowledge and experience to skillfully negotiate with insurance companies and lawyers, protecting you from other insurance tactics used to minimize your claim.
5. Access to Experts: We have the resources that allow us to retain and collaborate with leading consultants to prove the legal-technical aspects of your case (i.e., help you meet the required burden of proof).
6. Readiness for Trial: Should a fair settlement not be reached, we have the experience and resources needed to litigate your case in court, including to trial.

Call us in Naperville for a free consultation and we'll outline the best legal strategy for your case and help you receive the compensation you deserve.

Illinois Personal injury lawyers handle a wide array of cases, including, but not limited to:

• Car accidents
• Uninsured motorists
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Rideshare Accidents
• Truck accidents
• Dog bites & Animal Attacks
• Slip-and-fall accidents (premises liability)
• Product liability
• Medical malpractice
• Nursing home neglect & abuse
• Workplace accidents (worker’s compensation)
• Construction site accidents
• Wrongful death
• Birth injuries
• Child injuries
• Sports injuries
• Firearm injuries
• Food poisoning
• Sexual abuse
• Balcony or porch collapses
• Negligent construction (construction defects)
• Hip fractures
• Shoulder injuries
• Knee injuries
• Brain injuries (TBI or closed head injuries)
• Broken bones
• Burn Injuries
• Lacerations (and scarring) injuries
• Amputations

The Naperville attorneys at John J. Malm & Associates Personal Injury Lawyers accept a wide range of personal injury cases, including, but not limited to:

Car Accidents: Last year, there were nearly 20,000 fatalities in the U.S. due to car accidents. Each year, more than 1,800 traffic crashes are reported in the City of Naperville alone. Car accidents can result from distracted driving, speeding, drunk driving, or adverse weather conditions. Injuries from car accidents can range from minor to severe, and include soft tissue injuries, broken bones, herniated disks, spinal cord injuries, traumatic brain injuries, and even fatalities. Our car accident attorneys investigate the car accident, negotiate with insurance companies, and file a lawsuit to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

Uninsured Motorist Claims: More than 16% of drivers who cause accidents on Illinois roads are operating with no liability insurance (are uninsured). Uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage is an important aspect of auto insurance that provides protection to drivers when they are involved in an accident with a motorist who either: (1) does not have insurance at all; or (2) does not have enough insurance to cover the damages they cause. If you've been involved in a car accident with an uninsured or underinsured driver, our uninsured motorist claim attorneys can help you file a claim with your own insurance company under your uninsured motorist coverage. Uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage can compensate you for your medical expenses, lost wages, pain and suffering, and other damages that you would otherwise have been entitled to recover from the at-fault driver if they had insurance to cover your loss.

Dog Bites & Animal Attacks: Dog bites and animal attacks can result in serious injuries, emotional trauma, and financial burdens for victims. In Illinois, dog owners are strictly liable for injuries caused by their pets, regardless of the animal's past behavior or the owner's knowledge of the animal’s aggression. If you have suffered a dog bite in Naperville: (1) seek medical attention; (2) call Naperville Animal Control at (630) 420-6178; and (3) consult with an experienced Naperville dog bite lawyer. Our Naperville dog bite lawyers help victims of dog bites and animal attacks pursue compensation for medical expenses, pain and suffering, lost wages, and more.

Slip-and-Fall Accidents: Slip-and-fall accidents (premises liability claims) occur when someone slips, trips, or falls on another person's property due to hazards like wet floors, uneven surfaces, or inadequate lighting. Injuries can include broken bones, sprains, head injuries, or back injuries. In Illinois, property owners may be held liable for failing to maintain safe premises or warn visitors about potential hazards.

Bicycle Accidents & E-bike accidents: Bicycle accidents often involve collisions with motor vehicles, pedestrians, or stationary objects. Despite Illinois being a bicycle-friendly state, riders of bicycles and E-bikes in Naperville are at risk of serious injuries from an accident. Last year alone, there were 966 people killed while riding a bicycle in the U.S. Injuries can be severe due to the lack of protection for cyclists, including head injuries, fractures (broken bones), or spinal cord injuries. We help cyclists pursue compensation from negligent drivers or other entities who may be responsible for unsafe road conditions.

Workers’ Compensation: Workers’ compensation (workplace injury claims) in Illinois can provide important financial benefits to employees who become injured on the job, including medical treatment, temporary disability benefits, permanent disability benefits, vocational rehabilitation, and death benefits. Workers' compensation is a no-fault system of benefits paid by employers to workers who experience work-related injuries. Legal assistance may be necessary to navigate the complex workers’ compensation claims process, appeals and denials, and resolve disputes over benefits.

Nursing Home Abuse & Neglect: Nursing home abuse encompasses physical abuse, emotional abuse, neglect, or financial exploitation of elderly residents. Nursing home injury claims in Illinois are governed by the Illinois Nursing Home Care Act. Signs of abuse may include unexplained injuries, dehydration, malnutrition, or sudden changes in behavior. Legal action holds negligent nursing homes accountable and allows compensation for a victim’s injuries.

Medical Malpractice (medical negligence): Medical malpractice occurs when healthcare providers deviate from the standard of care, resulting in serious harm to patients, and sometimes, death. In fact, over 9.5% of all deaths in the U.S. each year are caused by medical errors. Examples include misdiagnosis, surgical mistakes, prescription mistakes and anesthesia errors. Medical malpractice claims require thorough investigation and expert analysis before a claim can be filed. Legal representation is needed to gather evidence, consult medical experts, and pursue compensation for medical expenses, lost income, and pain and suffering.

Product Liability (defective and dangerous products): Product liability cases in Illinois involve injuries caused by defective and dangerous products. Injury claims may be pursued against manufacturers of drugs, cars and even some medical devices. Liability can arise due to defective design, failure to warn and breach of warranty. Product liability laws hold manufacturers, distributors, or retailers accountable for injuries caused by defective products. If you have questions about an injury from a dangerous product, call and speak with one of our product liability attorneys in Naperville to learn how you can bring a claim.

Motorcycle Accidents: Motorcycle accidents often result in severe injuries and death due to the lack of protection for riders. Last year, there were nearly 6,000 riders killed on motorcycles in the U.S. Legal assistance can help victims navigate insurance claims, investigate the accident, and pursue compensation for medical expenses, lost income, and pain and suffering. If you were injured in a motorcycle accident in Naperville, you need legal help from a motorcycle accident lawyer who can help you get compensation for medical bills, lost wages, and pain & suffering.

Pedestrian Accidents: Pedestrian accidents in Illinois occur all too frequently, sometimes resulting in serious and catastrophic injuries, such as fractures, head trauma, spinal cord injuries, internal organ damage, and fatalities. A recent study showed that most pedestrian accidents occur at intersections near crosswalks, with a common cause of pedestrian accidents being distracted driving. Last year alone, more than 60,000 pedestrians were struck and injured nationwide. If you were injured in a pedestrian accident in Naperville, consult with a knowledgeable personal injury lawyer who can explain your rights and help you pursue compensation.

Truck Accidents (semi-trucks): Truck accidents involve large commercial vehicles (semi-trucks or tractor-trailers) which often result in serious and catastrophic injuries, and wrongful death. Last year, more than 5,700 people were killed in accidents with large trucks in the U.S. Our truck accident lawyers in Naperville assist victims by holding responsible parties, such as truck drivers, trucking companies, or manufacturers, accountable for injuries resulting from a truck accident. Consult with a truck accident attorney right away so that a proper accident investigation can be performed, to preserve needed evidence, such as black box (EDR) data, before it is too late. An experienced lawyer can help identify necessary parties and pursue compensation for a victim's injuries and damages.

Seeking advice from experienced personal injury attorneys can help victims understand their rights and pursue fair compensation for their injuries and losses. If you require legal assistance, don't hesitate to reach out to us at 630-527-4177 for a free consultation.

Damages recovered after an accident are intended to compensate the injured party for the physical, emotional, and financial losses resulting from the accident or injury. In Illinois, the types of damages that can be recovered in a personal injury case include:

1. Medical Expenses: Past and future medical bills that have been paid or are the responsibility of the injured party, provided the charges are reasonable in amount.
2. Physical Pain and Suffering: Evidenced by proof of a physical injury resulting from the accident.
3. Emotional Distress: If there was direct physical impact to the plaintiff or if the plaintiff was within the zone of danger during the incident.
4. Disability: Shown by the absence of physical, intellectual or moral powers.
5. Loss of a Normal Life: If the injury causes the plaintiff to be unable to pursue the pleasurable aspects of life.
6. Disfigurement: Awarded if the plaintiff is shown to be less complete, perfect, or beautiful in appearance or character.
7. Lost Income or Wages: Past and future losses of income or wages may be recovered, but there are requirements to show that future wages claimed are reasonably certain to occur.

Being partly at fault does not necessarily eliminate your ability to pursue a case. However, it will reduce the amount of compensation you receive. For a personal injury case in Illinois, if you were partly at fault for the cause of the accident, you may still have a case, but the potential settlement or verdict amount could be negatively affected. Here's how modified comparative negligence in Illinois can affect your claim:

1. Evidence of Comparative Negligence: If there is evidence supporting that you contributed to the accident (50% or less), your potential settlement or verdict will be reduced by the percentage of your negligence that contributed to the accident.
2. Reduction in Recovery Depends on Percentage of Fault: For example, if you were found to be 20% at fault for the accident, your potential recovery would be reduced by 20%. If the total amount of the damages you sustained was $100,000, your recovery would be reduced to $80,000. If, however, your comparative negligence is shown to have exceeded 50% (51% or more), you will be completely barred from receiving any recovery.

In Illinois, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident or from the date you discovered (or should have discovered) that you suffered an injury due to someone’s negligence. However, there are exceptions to this rule:

1. Shortened Timeframes: Some types of claims may have shorter timeframes, such as personal injury claims against a governmental entity, claims for slander, libel or publication of a matter violating the right of privacy, and dram shop liability claims, all of which have a one-year limitation period.
2. Extended Timeframes: Certain circumstances extend the time allowed for filing a claim, such as a workers' compensation claim (three-year statute of limitations); if the plaintiff was under 18 years old at the time of the accident (the two-year time period starts running from their 18th birthday); if the plaintiff was disabled (the time period is extended during the disability); if the injury occurred due to a construction defect (four-year statute of limitations) or if the defendant leaves the State of Illinois (the statute of limitations clock stops and resumes upon their return).
3. Statutes of Repose: There are absolute deadlines that strictly limit the time to discover an injury due to negligence:
   • Medical malpractice claims have a statute of repose of four years after the date of treatment for adults and eight years after treatment for minors until age 22.
   • Product liability claims have a statute of repose of ten years after the product was manufactured.
   • Negligent construction claims have a statute of repose of ten years after the building or improvement was completed.

Understanding the time allowed to file a lawsuit requires careful analysis. It's advisable to consult with a personal injury attorney to understand your rights and ensure your claim is timely filed. Waiting too long can result in your claim being barred.

Any settlement amount obtained in your case must account for unpaid medical bills and liens attached to your injury case. Through negotiation, lienholders, such as medical providers and insurance companies, may agree to accept a substantial reduction in the amount of their lien. An experienced injury lawyer understands how to negotiate to ensure that the liens in your case are properly resolved before a distribution is made from your settlement.

Unpaid Medical Bills: If you incurred medical expenses due to the accident, you may have unpaid bills for treatment received. Your unpaid bills will be paid from your settlement only if the provider files a lien for the unpaid bill, seeking payment, or if you specifically request that an unpaid bill be paid from your settlement.

Hospital Liens and Physician Liens: Hospitals and physicians may file liens for unpaid bills under the Illinois Health Care Services Lien Act. These liens allow medical providers to recover the cost of treatment from your legal case. Hospital and physician liens attach to the settlement proceeds until resolved, but the total amount of the liens cannot exceed 40% of your gross recovery.

Insurance Liens (“Subrogation Liens”): If your health insurance or auto insurance carrier paid medical expenses on your behalf, they may have a right of reimbursement known as a subrogation lien. This allows insurers to file a lien and seek reimbursement from your settlement or judgment. Subrogation liens can often be negotiated and reduced based on factors such as your comparative fault or the defendant's limited liability insurance.

Our professional fees are contingent upon successfully obtaining a recovery on your behalf. If we don't win your case and get you a recovery, there is no fee. Contingent fees are typically 33.33% (one-third) of the total or gross amount recovered in your claim or lawsuit.

Our law firm will cover all necessary costs during the litigation process, which may include medical records fees, filing fees, service fees, subpoenas, depositions, expert witnesses, and even travel expenses. These costs will be reimbursed to our firm only if we reach a settlement.

You will receive a detailed statement showing the fees and the costs in your case. If no recovery is made, you won't be charged for anything. Our commitment is to ensure that you receive fair and just compensation without financial burden until your case is resolved in your favor.

There are numerous medical treatment facilities in Naperville that provide medical care, including emergency care, surgeries, consultations, and other specialized treatment for injured victims:

1. Edward Hospital (ER), 801 S. Washington St, Naperville, IL 60540. Edward Hospital is a full-service hospital with a long history in Naperville, offering a wide range of medical services and specialties. It has 352 private patient rooms and provides comprehensive healthcare to the community.
2. Edward-Elmhurst Heart Hospital, 801 S. Washington St, Naperville, IL 60540.
3. Edward-Elmhurst Health Center, 2007 95th St, Naperville, IL 60564.
4. Duly Health and Care (formerly DuPage Medical Group): Duly Health and Care operates multiple locations throughout Naperville, offering primary care, specialty care, diagnostic services, and urgent care facilities.
5. The University of Chicago Medical Center: The University of Chicago Medical Center has two locations in Naperville, providing pediatric and ENT services to residents in the area.
6. Northwestern Medicine Central DuPage Hospital (ER): While not located directly in Naperville, Northwestern Medicine Central DuPage Hospital in nearby Winfield offers advanced medical services and specialties to residents of Naperville and the surrounding communities.
7. AMITA Health Medical Group: AMITA Health operates several medical facilities and clinics in Naperville, providing a wide range of healthcare services, including primary care, specialty care, and diagnostic services.
8. Advocate Health Care: Advocate Health care operates a medical facility in Naperville located at 100 Spalding Dr, Naperville, IL 60540.

These medical treatment facilities play an important role in ensuring access to quality healthcare services for the residents of Naperville, Illinois and the surrounding communities of DuPage County.

If you've been injured in Naperville, Illinois, you don't have to face your legal challenges alone. Let the experienced attorneys at John J. Malm & Associates Personal Injury Lawyers stand up for your rights while you concentrate on your recovery.

Call us in Naperville at 630-527-4177 for a free consultation.