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CHICAGO

Auto Accidents
In Chicago

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Dedicated Chicago Auto Accidents Lawyers

Chicago, IL Auto Accident Lawyers and Determining Liability

When you’re in an auto accident, everyone wants to figure out who to blame. Sometimes, that’s immediately clear, like if one party was under the influence or demonstrably negligent. When the situation is more open to interpretation, though, you may need an car accident attorney to take on the complexities of the case. No matter how sure you are of what happened, when it comes to working inside the legal system, you need someone in your corner who understands the best strategies for presenting your side of the story and making it clear that you were the victim in the situation.

Finding an Auto Accident Attorney

If you’ve been injured in a car accident, time is of the essence, so don’t wait—get representation today. Contact Malman Law for more information and a free consultation.

Frequently Asked Questions (FAQs)

Lawsuits and even settlements are won on evidence, and the more relevant evidence you can produce, the stronger your case will be. In addition to interviewing witnesses, it would also be helpful to collect the following:

  • Photographs of your injuries. Don’t rely completely on medical records – have someone photograph your injuries for you with an eye toward using them as evidence in court.
  • Photographs of your damaged vehicle and any other damage caused by the accident. This will not only help you establish a property damage claim, it will also help establish the severity of the accident.
  • Photographs of the scene of the accident. Skid marks in particular can help you establish that the accident was the defendant’s fault.
  • The police report of the accident, at least if it favors your side of the story. Keep in mind that since the policeman who fills out the police report typically did not witness the accident, police reports are often wrong and can be used as evidence by the defendant.
  • Medical records and medical bills, including prescriptions and records of pharmaceutical purchases.
  • Documentation of any lost wages, if you missed work or lost your job because of the accident.

All photographs should be taken as soon as possible after the accident, even if you have to have someone else take them for you, in order to ensure their effectiveness and admissibility. They will even be useful in settlement negotiations. If you retain a personal injury lawyer early enough, your law firm can take these photos for you.

Not necessarily. In Illinois, proving that the faulty driver violated a traffic law immediately prior to the accident is considered “prima facie” evidence of negligence – in other words, it shifts the burden from you onto the defendant to prove that he or she was not negligent, which would be greatly helpful to your case.

If the defendant cannot prove that he or she was not driving negligently, in principle you can win damages as long as you can show that (i) negligence was a substantial cause of the accident, and (ii) you suffered actual damages. Your odds of victory are high (although less than 100 percent) if the other driver was legally intoxicated at the time of the accident. Even if you prove all this, you could still be denied damages if you were also at fault (please see below for further explanation of comparative negligence).

It depends. If the other driver was an on-duty employee of a company at the time of the accident, you can generally sue the company. If the employee was off-duty at the time, you generally can’t. If the driver was an “independent contractor” rather than an employee (as is the case with many long-distance truck drivers), you generally cannot sue the company.

The court will decide whether the driver was an independent contractor or an employee, independently of how the company categorizes him or her – it all depends on the degree of independence from the company that the driver enjoyed. The more independence that he or she enjoyed, the more likely he or she is to be declared an independent contractor, thereby relieving the company of liability.

In some cases, you can sue the company even if the driver was an independent contractor – if the driver had a history of DUIs, for example, and the company negligently failed to check his or her driving record before it retained the worker.

Illinois personal injury law provides for the situation in which both parties are at fault for an auto accident. Known as “comparative negligence with a 50 percent bar,” this system allows the court to assign a percentage of fault to each party. Any party whose fault was at least 50 percent will receive nothing, while any party whose fault was less than 50 percent will see his or her damages reduced in proportion to the assigned percentage of fault.

If your damages were $20,000, for example, and your percentage of fault was 10 percent, you would only be eligible for 90 percent of your damages, or $9,000. If the court finds you more than 50 percent at fault, the defendant may be able to file a lawsuit against you.

Contact our offices today to schedule a free no-obligation consultation with an experienced personal injury and car accident attorney.

  • Researching and Representing Your Case

    An effective auto accident and injury attorney may have to take an in-depth, hands-on approach to proving your case and assigning liability to the other driver. For example, an attorney may report to the scene of the accident to investigate, or take other steps to recreate the circumstances of the accident and demonstrate what went wrong and who was at fault. An experienced auto injury lawyer knows how to present the facts of the case in an objective, scientific and authoritative manner.

     
  • Special Auto Injury Cases

    The stakes are even higher when you’re the victim in a car accident and you yourself were not driving. For example, if you were a pedestrian at the time of the accident, or you were on a bicycle, your injuries may be significant and devastating. Even responsible bicyclists and pedestrians can be seriously injured or killed by reckless drivers, and if it’s happened to you, you need an auto accident and injury lawyer that can get you the compensation you deserve.

    A serious accident and the ensuing injuries can cause serious impairments with lifelong consequences, including spinal cord damage, brain damage, paralysis and more. Even if your injuries won’t last a lifetime, you shouldn’t be responsible for your own medical expenses and time off work when your injury was caused by someone else’s dangerous driving. An auto accident lawyer can help.

     
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Contact Chicago’s Auto Accidents Lawyer

If you believe that your loved one has suffered because of an auto accident in Chicago, contact Malman Law right away. We believe that auto accidents should not be tolerated.
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    They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

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    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

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    I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!

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    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

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    I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

    - Trevor Harris

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    Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.

    - Ernest Pitts

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    Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!

    - Greg Gustafson

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    Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.

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    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.

    - Devri Lott

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    I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.

    - Adrian Lopez

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    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

    - Vanessa Leon

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    Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

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    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.

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    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

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    Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

    - Jose Cruz

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    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

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    - Madissen Miller

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    So glad I contacted malman law regarding my accident. Professional and caring. Thank you Mr Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!

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    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

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    My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

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ALL FIELDS REQUIRED

2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim