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Arguments are appropriate for the dinner table, but not on the road. In fact, the only “winner” of such an argument, which constitutes distracted driving, could be the plaintiff who files a lawsuit in response to a resulting traffic accident. If you were injured by a driver who was busy winning an argument while he should have been watching the road, you might have a personal injury claim under Illinois law.
Illinois distracted driving laws specifically prohibit certain activities, such as using a hand-held electronic device while driving, and using a any device if you are under 19. That doesn’t mean you are safe as long as you were arguing with a passenger rather than arguing over the phone – however you could be found negligent even without any specific prohibition against “arguing while driving.” Proving the negligence of a driver who was arguing immediately prior to an injury accident is no slam-dunk. Even if he was breaking the Illinois prohibition against using a cellphone while driving, he might still be able to prove that his conduct was not negligent even though it was illegal. It all depends on the specific facts surrounding the accident.
Winning a personal injury claim, whether in or out of court, can be tricky. Every case is a unique blend of facts and legal nuance, and winning a claim with favorable facts is like winning a hand of poker with a good hand – a lot depends on how you play your cards. At Malman Law we have been helping injured victims win compensation for 23 years now, and our track record speaks for itself:
“This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!” – Cheryl Wagemann Steve and Kelly were great! The entire process moved much faster than we thought it would. We received a nice size settlement. I would highly recommend Malman Law! – Susan
Car Accidents: Someone dies in a Chicago car accident nearly every other day, and it is only a rare day that several people aren’t seriously injured on Chicago roads. Some of these injuries can be attributed to the victim’s own error. Most of the rest are the fault of someone else, resulting in a valid personal injury claim.
Wrongful Death: The death of a personal injury victim transforms a personal injury claim into a wrongful death claim. The right to file a claim is transferred from the deceased victim to his probate estate executor, and the right to receive damages is transferred from the victim to the victim’s probate estate and next of kin.
Cell Phone Accidents: Talking on a cell phone while driving on an Illinois road can get you a traffic ticket.The real danger,however, is causing an accident that way — something that is 23 times more likely to happen if you’re using a cell phone than if you’re not. Unfortunately, this is something that happens every day in Chicago. Although using a cell phone while driving does not add up to automatic negligence, it is strong evidence of negligence.
Motorcycle Accidents: If mothers ruled the world, motorcycles would probably be illegal. They are still legal, however, and they are probably the most dangerous vehicles on the road. A motorcycle’s lack of frame protection and low visibility combine to frequently produce serious and even fatal accidents.
Truck Accidents: Truck accidents can be horrific, and personal injury damages can run into five- and even six-figure sums. If the accident appears to have been caused by the truck driver, the attorneys representing the other party will typically check to see if it can be traced to the violation of one of the hundreds of trucking regulations that govern the operation and maintenance of commercial trucks..
Underinsured Driver Accidents: Merely “having insurance” might not be enough to secure full compensation for a traffic accident. Illinois minimum coverage requirements are so low that the at-fault driver’s insurance may not be able to fully compensate the victim. Fortunately, alternative sources of compensation exist in certain circumstances.
Train Accidents: Chicago’s commuter rail system adds tremendous convenience and economic value to the city. With so many miles being traveled every week, however, accidents are bound to happen. When they do, injured parties are entitled to full compensation regardless of whether the accident was caused by the operator, the condition of the train or the tracks, a pedestrian or another vehicle.
Other Personal Injury: Any injury to a person that is caused by the misconduct of another person can be characterised as a personal injury claim, regardless of whether the misconduct was intentional (a “road rage” assault), reckless (a DUI accident), or merely negligent (distracted driving). Just because your type of accident was not listed above doesn’t mean you don’t have a personal injury claim.
In some states, violating a safety regulation would result in automatic negligence under the negligence per se principle. In Illinois, however, violating a safety regulation is only prima facie evidence of negligence. This means that instead of you having to prove that the defendant was negligent, the defendant will have to prove his action was not negligent even though it was illegal.You will also have to prove the defendant’s negligence caused the accident.
The general rule is that you have two years from the date of the accident to file a lawsuit. If you miss the deadline, the value of your claim will drop to zero immediately. Since legal nuances might affect the exact deadline, consult with your lawyer on the statute of limitations deadline after he becomes familiar with your case.
The Illinois comparative fault works as follows when two parties are at fault:
Illinois law authorizes three types of damages:
Punitive damages are only awarded if:
No, at least not until he turns 18. Once he turns 18 he can file a personal injury lawsuit even if the accident occurred before he turned 18. Until then, the court must appoint an agent to file the lawsuit on his behalf. Courts usually choose a parent for this role.
The best way to win a generous settlement is to use admissible evidence to prove to the opposing party that you are ready to win at trial if they don’t offer fair compensation. We have noticed that insurance companies tend to become far more cooperative with our clients once they learn who is representing them.
If the victim dies from a personal injury, the personal representative (executor) of the victim’s estate is authorized by Illinois law to file a wrongful death lawsuit. The probate court selects the representative, and they usually select either the person named in the deceased’s will or a close family member such as the surviving spouse.
You can sue the defendant’s employer if the defendant was on-duty and acting within the scope of his duties at the time of the accident. You don’t even have to prove that the employer was negligent. Keep in mind, however, that most truckers are not employees of the trucking companies they drive for.
You generally can’t, for the same reason that you generally can’t sue a trucking company for an accident caused by a trucker. Uber drivers are considered independent contractors, not employees. Nevertheless, Uber offers its drivers a generous liability insurance package, so suing the driver and their insurance may be the way to go in this situation.
It depends on the type of compensation. Personal injury compensation per se is not subject to federal taxes. However, punitive damages are taxable as ordinary income; and judgment interest (a small part of most awards) is taxable as interest income.
Yes. Illinois law will not allow a court to reduce your damages simply because you weren’t wearing a seatbelt, even if you could have prevented your injuries that way. Please note that despite this tolerance, Illinois law still requires all drivers and passengers to wear seat belts, and you can be ticketed if you don’t wear one.
The household exclusion is a clause found in many auto insurance policies that prevents you from filing an insurance claim against a family member. Such an exclusion would prevent a spouse from claiming damages from her husband after she was injured in an accident caused by an on-the-road argument between them.
If the at-fault driver doesn’t want to reveal his insurance coverage, you can obtain an Illinois Traffic Crash Report from the Illinois Division of Traffic Safety – or ask the Illinois Department of Transportation for an insurance certificate.
Your financial interests are adverse to an insurance company or a defendant because the more they pay you, the less they get to keep. With us it’s just the reverse – since our fees are calculated as a percentage of your actual recovery, you will owe us absolutely nothing for our services unless we win compensation for you. And the more you win, the more we make.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
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.
I contacted Malman Lawafter 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!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
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 you’re 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!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience 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
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
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
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 reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a 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.
- Malak St.Clair
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 and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an 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
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
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also 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.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
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
Dan Petrich was the best man for my case of falling through my porch of an 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
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
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!!!
- Virgil Sanner
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
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 the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
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