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Malman Law Frequently Asked Questions

There are many common questions that arise when you get injured. We have designed this page to answer the questions we get asked most frequently. Malman Law has served over 15.000 clients in the more than 25 years we have been in business, so you can bet we have been asked it all. We hope you find this helpful, and if you do not see your question in our list, please feel free to contact us.

Frequently Asked Questions

Avoiding accidents if you work at a construction site can seem like a futile effort—construction is a dangerous line of work. However, there are some ways to prevent and avoid accidents at construction sites.

Have safety meetings with your crew on a regular basis. Remind workers to stay focused on their tasks and not to get distracted, especially when working with heavy machinery or potentially dangerous tools.

Make sure everyone onsite is highly visible, so that they are not accidentally hit by a work vehicle or machines. Some of the most common things heard after a work accident is “I didn’t see him!” or “He came out of nowhere.”

Have safety procedures posted if possible. It’s always best to remind employees what they should be doing in order to prevent injury and accidents.
Be especially careful on night shift work. Dark construction sites are more dangerous since there is less visibility, so it’s important for crew members to be extra vigilant about their safety behaviors when working a nighttime shift.

Many personal injury cases deal with dog bites. Dog bites can be very damaging both physically and emotionally, and most of the time, are preventable. If you are having something delivered, it’s important to protect the safety of the delivery driver, and that means controlling your dog so that the dog doesn’t bite the delivery person.

If your dog stays in the yard, it’s important for the delivery person never to enter the yard. The dog is protecting your home, and the delivery driver will likely be treated as an intruder. You should work to train your dog not to bark at or attack delivery drivers, but the safest bet is to simply keep the two parties separate—if the delivery person has to speak with you at the door, put the dog in another room or outside temporarily, then give your dog a treat when you bring him back inside.

If you receive regular deliveries and the dog is reactive to that, let the delivery person know about the dog’s behavior so they know not to interact with the dog when you are not there.
Preventing dog bites is as simple as being mindful of a situation before it even arises. Know where you’ll put a dog when a delivery person arrives or put up a sign that says “Beware of Dog” so that visitors will not challenge the “protector.”

If you drive a vehicle for work, you may be concerned about the potential of being involved n an accident while on the job. While some accidents are unavoidable, there are a few things you can do while driving a commercial vehicle that will lower your chances of getting into an accident.  Learn to recognize certain driving situations that can be dangerous, such as merging onto and off of expressways. Assume that other drivers will make mistakes in their driving so you can anticipate what to do. It’s also important to feel very comfortable with the vehicle you’re driving so that you can anticipate how it will handle in traffic and other situations.

Remember not to text or talk on the phone while you’re behind the wheel, as this can distract you from things going on in traffic (and in many municipalities, is illegal). Always remain alert when you’re using a commercial vehicle, and give yourself extra time and space to stop suddenly. Make sure the company regularly maintains their vehicles, as well, to avoid having to deal with accidents caused by faulty mechanics.

Can an Illinois personal injury lawyer help you get money for an accident that happened months or even years ago? What if you got hurt at work? Is it too late to file a workers’ compensation claim in Illinois?

Although Illinois law does stipulate that claims must be filed within a certain amount of time – known as the statute of limitations – you may still have a case. But if that time limit lapses, you may be out of legal options – even if the damage you suffered was real, significant, and can be clearly traced to another party’s negligence, carelessness, or aggression.

We at Malman Law can talk to you today – right now – to determine whether you have a case; and, if so, how much time you have left to file a claim. For most injury victims, time is indeed of the essence. Insurance companies immediately get to work after accidents, fortifying themselves against having to pay out settlements. The longer you wait to file a claim or seek benefits, the more difficult it can be to assemble evidence to support your claim (i.e. photographs of the accident scene, names and addresses of eyewitnesses, etc.) Your memory of events may grow foggier, and it can become more difficult to prove that your injuries stemmed specifically from your accident.

By working with our conveniently located expert Chicago personal injury and workers’ comp attorneys, you can get peace of mind. If and when you decide to retain us, our services are completely free, unless we can collect on your behalf. To learn more about our risk free, anxiety free process, Call Us, dial 1-(888) 625-6265 or fill out our free online consultation or Request a Free Case Evaluation Today to find out how much your case may be worth.

There are three different legal limits for blood alcohol content (BAC) in Illinois. If the driver is under 21 years old, the legal limit is .00%, as Illinois is a zero tolerance state. For adults 21 and over, the legal limit is .08%. For commercial drivers, the limit is .04%. Depending on a person’s height, weight, and other factors, the amount of alcohol consumed will equal different percentages of BAC, so it’s safest to abstain from drinking if you know you will be driving. If you have been drinking and need to get somewhere, take public transportation, get a ride from someone else, or call a cab.

One of the most common questions our Illinois workers’ compensation and personal injury attorneys get is: “how much is my case worth?” Obviously, there’s no way to determine the answer in the abstract. Each case is different and complex in its own fashion. In fact, if any Chicago personal injury attorney places a value on your claim without listening to the details of your situation, ignore that figure! A wide variety of factors determine settlement amounts and trial verdicts.

These can include:

  • The nature and severity of your injury/injuries
  • Whether or not the liable insurance company accepts fault
  • Your condition following medical treatment
  • Whether or not you’ll need ongoing treatment, such as physical therapy or counseling
  • Whether or not you were partially at fault or negligent
  • Tactics and strategies your attorney employs to negotiate with the insurance company or other liable parties

Here at The Law Offices of Malman Law, our Chicago personal injury attorneys have served over 20,000 clients since we opened our doors in 1994. Some of our clients have collected thousands of dollars. Other clients have collected much more. For a catalog of a few of our six, seven, and eight figure verdicts, see our website, Malman Law.

You and your family want to put this injury behind you as quickly as possible and rebuild your lives. We want to help you. Our Illinois personal injury attorneys strive to be compassionate and efficient. We will fight for your rights and battle at court if necessary (although 95% of our cases are settled out of court). We listen to client concerns and combine our deep understanding of the law (in theory and practice) with impeccable follow through to get results.

If you or a loved one has been hurt as a result of someone’s negligence, contact us right now. Dial 1-(888) 625-6265 or fill out our free online consultation. An attorney will immediately get back to you.

You can also request a case evaluation to set up a free consultation to find out what your case is worth. Get the maximum benefits allowed by law for your pain and suffering – you and your family deserve the best.

While it would be nearly impossible to collect a truly accurate number for how many personal injury cases are filed each year in the U.S., a rough estimate has been projected at about 700,000. That’s a lot of injuries—some of which surely could have been prevented. The types of personal injury lawsuits run the gamut from slip and fall accidents and construction accidents to dog bites and wrongful death suits, to product liability and civil rights violation cases.

As practicing Chicago personal injury attorneys for almost 25 years, we at Malman Law are often asked “how long will my case take?”

Unfortunately, outside of the context of your case, we can’t make accurate predictions. Some matters resolve in a few short months. Other cases – particularly complex matters that require lots of litigation and ultimately go to trial – can stretch on for years.

Fortunately, our personal injury and workers’ compensation lawyers in Chicago have built a streamlined system to obtain maximum compensation in the shortest amount of time. Our attorneys boast over 40 years of combined litigation experience, and we pride ourselves on excellent customer service.

Injury clients often feel anxiety because of uncertainty. If you don’t know if or when you will collect money, the disconnect between what you have and what you might have causes psychological strain. When the duration of that uncertainty itself is uncertain, that strain can evolve into profound anxiety. This is true for all people, injured or not. So on top of these feelings, injured clients must also contend with financial stresses (such as lost wages), rehabilitation (which can be time consuming and physically taxing), and emotional trauma.

To counter these stresses and strains, our Il personal injury lawyers will be there for you every step of the way. From your initial consultation – which is free, confidential, and no obligation – through the investigation of your claim and onto settlement hearings or trial (if need be) – we’ll answer your questions, explain our strategies and tactics in clear terms, and keep you in the loop.

Our firm has helped over 20,000 clients deal with a wide variety of matters. Chances are, we can help you, too. Ninety-five percent of our cases settle out of court. Dial 1-(888) 625-6265 or fill out our free online consultation today, or Request a Free Case Evaluation to consult with a knowledgeable Illinois personal injury or workers’ comp attorney.

In Illinois, the statute of limitations for a workers’ compensation case is three years from the day the injury occurred, or two years from the date the employee received their last workers’ compensation benefits, whichever is later.  For a repetitive trauma, the dates will vary, and you should contact a workers compensation lawyer for advice on how and when you need to file your claim.

Workers’ compensation benefits will vary from person to person, injury to injury. For example, some people may receive medical bill compensation, while others may need more complicated forms of compensation, such as disability benefits, which are calculated by taking an average of the person’s wages and paying out a percentage of that.

In terms of how long a person can receive workers’ compensation benefits, again, this depends on the injury. If you lose the ability to use a certain body part, the amount of time that you are eligible for workers’ compensation benefits will vary from part to part.

For more minor injuries that do not result in temporary or permanent disabilities, workers’ compensation benefits will typically involve a worker being paid for wages lost and being reimbursed for medical costs.

Temporary total disability benefits are equivalent to two-thirds of your average weekly wage, tax-free, for the time that you are authorized to be out of work for a work injury, or for the duration of time that you have restrictions on what you are able to do at work that your employer cannot accommodate. There is no limit to the amount of time that you can receive temporary total disability benefits.

Do you need advice on your TTD benefits? Contact our workers’ comp lawyers today!

Wrongful death lawsuits are brought upon parties who have directly caused the death of someone else. DUI can, and unfortunately often does, result in someone losing their life.  When someone is drinking and driving and kills another person, they can be sued for wrongful death and, pending proof of negligent or impaired driving, can be made to pay out to the surviving parties.

Other parties that may be sued in the event of a DUI resulting in a death can be the establishment that sold the alcohol to the driver prior to their leaving the premises or even the person who served the impaired driver.  The employer of the driver may also be held liable, if the driver was operating a work vehicle during work hours.

In order to file a wrongful death suit following a DUI collision, the representatives of the deceased victim must show that the survivors have suffered financially or emotionally as a direct result of the accident. This can include proving loss of income (especially if the victim was the household provider), loss of companionship (typically for a spouse), or showing medical bills that need to be paid.

Wrongful death is described as when someone dies due to the fault of someone else—either another person or another entity (for example, an auto manufacturer). A lawsuit for wrongful death seeks compensation for the survivors’ loss, such as lost wages from the deceased party, lost companionship, funeral expenses, and other factors.

In terms of how to go about suing for wrongful death, a representative on behalf of the survivors must file the claim—this is usually the executor of the deceased’s estate. The representative speaks for the “real parties in interest,” which may include immediate family members, life partners or financial dependents, spouses, distant family members, parents of a deceased fetus (in some states), or any person who is suffering financially as a result of the death (for example, someone who has lost care or support).

The claim must be filed with a lawyer.  Wrongful death lawsuits can be brought against a variety of parties, from persons to companies, government agencies to employees. The types of damages that can be sought include economic damages, non-economic damages (loss of companionship, loss of care/support, damages in the realm of survivors’ pain and anguish, etc.), punitive damages for especially bad conduct, and even attorney fees for bringing the case to court.

The statute of limitations may be as short as one year—however, each state is different. The general rule is that a lawsuit must be filed within two years of the date of the misconduct that caused the victim’s death.

If a family member dies while under the care of a nursing home, you may be able to file a wrongful death case against the facility and its employees.  As with any wrongful death case, you’ll need to provide proof of death (a death certificate) and statements from witnesses and family members. The more information you have about the incident that caused your loved one’s death, the better.  A personal injury lawyer will go through the details of what you can expect to happen with the case and can start proceedings to seek justice. Contact our experienced wrongful death attorneys today.

When you’re involved in an auto accident in Chicago, you may not know what to do or what your rights are.  When you’re in an accident, the first thing to do is to contact the police and your insurance company. Then, hire a car accident lawyer. They will contact the other party or the other party’s attorney and build a case tailored to the situation at hand. The other party may admit fault for the accident, but they may try to argue that you were the person who caused the accident. You’ll need to provide as much information as possible for the lawyer so that they can build a strong case, and you’ll likely be asked many questions about the situation so that the lawyer can do the best job possible.

Auto insurance is required for all drivers. Accidents involving trucks can be especially damaging, both in terms of physical injury and property damage.  A collision involving a semi-truck can be devastating, causing lots of medical bills, lost wages, pain, suffering, and other costs. If you’re involved in an accident with a trucker who is not insured, you may be worried about how to deal with the case and seek compensation.

Since auto insurance is required, these cases can be sometimes easier than others.  Similar to getting into an accident with a driver of a normal car, your insurance policy may cover damages, but you can also sue the driver. You may also be able to pursue the company that employs the truck driver, as they may be liable for their uninsured drivers as well.

If you’ve been in a car accident, a lawyer can help you in a variety of ways. First and foremost, they can help negotiate with insurance companies to secure appropriate payouts for damages or medical bills. They will also be able to help you learn about car accident laws, helmet laws if the accident had motorcycles involved, and what you’re on the hook for if you caused the accident. A car accident lawyer will know better than an average person how to deal with stingy insurance companies who strive to reject as many payouts as possible, and they can make sure you get the compensation you’re entitled to after being involved in a car accident.

  1. Rights to proper medical care and treatment.
  2. Entitlement to compensation for pain and suffering.
  3. Compensation rights for disability.
  4. Reimbursement for lost income.
  5. Disfigurement compensation rights.
  6. Monetary compensation rights to help you get back to regular life.
  7. Property repair compensation rights.
  8. Reimbursement rights for all out-of-pocket expenses.

If you have been injured and want immediate action on your case, dial 1-(888) 625-6265 or fill out our free online consultation or request a free case evaluation today to find out how much your case may be worth. Our aggressive attorneys will fight for you.

Generally speaking, income tax does not apply to workmans’ compensation benefits in Illinois.  There are some exceptions, however, depending on the type of payments and how much you paid out of pocket for your injuries. In general, it is best to discuss the matter with your employer, an insurance agent, or a personal injury attorney to learn more about taxable and nontaxable income and whether you are required to report earnings that come in the form of benefits.

Getting bitten by a dog can be frightening and painful, not to mention costly if you have to go to a doctor or hospital. However, you’re not necessarily on the hook for any medical bills you might incur. You have rights if you’ve been bitten by a dog, and it’s important to know what those rights are in the event that you do get bitten. You have the right to file a personal injury claim after being bitten, in an effort to receive compensation for medical treatment, future medical treatment for scar reduction, psychological counseling, loss of earnings, torn clothing or broken glasses, and medications. In order to secure your rights, it’s important to get name information such as name, address, and contact phone number of both the dog’s owner as well as any witnesses. It’s also important to take photos of any injuries you sustain, and if possible, get insurance information from the dog’s owner. Don’t sign anything presented by the owner or their insurance company or landlord, as this may waive your rights.

Worker’s Compensation is a system of benefits provided by law to most workers who have job-related injuries or diseases. These benefits are paid regardless of fault. The amount of the benefits is limited by law.

In most cases, worker’s compensation benefits are paid for accidental injuries that are caused, in whole or in part, by the employee’s work. In addition, if a work accident aggravates a pre-existing condition, you are entitled to receive benefits under the Illinois Workers’ Compensation and Occupational Diseases Acts.

For accidental injuries, within 45 days after the accident. For occupational diseases and repetitive injuries, the employee must notify the employer as soon as practicable after he or she becomes aware of the condition. A delay in notifying the employer can result in a delay in the payment of benefits.

No. Employees cannot lose their jobs for filing workers’ compensation cases. It is against the law for an employer to discharge, harass and/or fire or refuse to rehire or discriminate in any way against an employee who files a workers’ compensation case. Such conduct by the employer may entitle the injured employee to bring a separate suit for damages.

Yes. An employee may choose any doctor or hospital at the employer’s expense. You should inform your employer in writing of the name and address of the doctor or hospital chosen.

Yes. If the employee claims to be entitled to benefits and the employer asks for an examination by a doctor of its choice, the employee must undergo the examination at a reasonable time and place. The employer must pay for this examination. In addition, the employer must pay, in advance, sufficient money to defray travel expenses. If the employee loses time from work, the employer must provide reimbursement for lost wages.

No. Workers’ compensation payments are not subject to state or federal income tax.

The employee is not required and should never give a recorded statement. If you choose to give a recorded statement, the employer may use it against you.

Employees who cannot return to the same occupation after the work-related injury or disease are entitled to receive a wage differential. The wage differential is two-thirds of the difference between the amount the employee would otherwise be earning in the full performance of his job if the accident had not occurred, and the amount he or she is able to earn after the injury.

The attorney’s fee is limited to 20% of the amount of compensation recovered, unless the Commission allows additional fees after a hearing.

Plenty of states currently have cell phone laws in place.  Still, some drivers think that texting or talking on the phone is perfectly harmless. The facts state otherwise, however. Drivers who text while behind the wheel are 23 times more likely to experience an incident related to being distracted, and studies have found that the average time a driver takes his or her eyes off of the road to text is 4 seconds, which, can be extremely dangerous, especially if one is driving fast or in a high-traffic area. There are countless stories of people being seriously injured and even killed after texting while driving and getting into an accident, and many states have introduced legislation that limits talking on the phone to hands-free devices, in order to keep drivers’ hands on the wheel. Cell phones and driving don’t mix — your likelihood of being in an accident is significantly higher when using one.

This is a common misconception. Guardrails are not always illegal in nursing homes. However, improper and unnecessary restraint involving the guardrails is, as is using guardrails for a resident who does not need them. Guardrails can cause injuries to residents if they break, as they can lead to a resident falling out of their bed. While guardrails are not inherently illegal, they are generally not used unless ordered by a doctor. If your loved one has a tendency to fall, ask the nursing home they are staying in to use them, or speak with your loved one’s doctors and have them discuss the matter with the nursing home. Either way, make sure your friend or family member is properly taken care of.

When you’re the victim of excessive force from a police officer, it’s important to contact an attorney. Police officers are supposed to uphold the law, not break it, so when you’ve been involved in an instance of police misconduct, you’ll need to hire a skilled lawyer who has experience working with these sorts of cases. Excessive force may be difficult to prove, but you may have medical bills from injuries caused by a police officer that you need to pay, so it’s in your best interest, if you feel you have a case, to speak with a lawyer about what your options are for seeking justice.

When someone is killed in DUI accident, there are several different parties that may be held responsible. Of course, the at-fault driver in the automobile accent can be sued for DUI, reckless driving, manslaughter, etc., but there are other people able to be sued as well, and those people often are.  For example, it’s possible to sue the person(s)/establishment who sold, served, or gave the impaired driver the alcohol. It’s also possible to hold the owner of the premises where the alcohol was served responsible.  In accidents caused not only by a drunk driver but a faulty roadway or broken mechanics in a vehicle, the designer and builder of the road may be sued, as well as the government who was responsible for warning of a road hazard. When someone dies from an accident that was caused by alcohol in combination with something else, there are multiple different people or groups who can be held responsible.

  • If you or a family member suffered an injury.
  • If a family member or someone you love has been killed.
  • If you were injured at work, regardless of how it happened.
  • If an insurance company offers you money.
  • If you were denied Workers’ Compensation benefits.
  • If you were involved in an automobile accident whether or not the other driver had insurance.
  • If you or a family member had a medical procedure and are unhappy with the result.
  • If your baby suffers from cerebral palsy, erbs palsy, brain damage or a birth injury.

If you have been injured and want immediate action on your case, call us now dial 1-(888) 625-6265 or fill out our free online consultation. We are available 24/7 to answer all of your questions and we will come to you.

If you’ve been in any sort of accident that’s left you with either damaged property or injuries, it’s in your best interest to contact a lawyer to help you fight the case. Even if you don’t end up filing a claim, it’s always better to have discussed what’s happened in the event that you do decide you want to file a claim to be reimbursed for your injury. A lawyer will know more about the type of compensation you may be eligible for depending on the accident as well as the type of injury and treatment you had to receive for it. In general, a lawyer will have better luck obtaining that compensation as well, so it’s ideal to contact a lawyer very soon after an accident that leaves you injured.

Cases of medical malpractice can include workers comp cases wherein the injured person is misdiagnosed. This can be problematic as the true injury/sickness can progress while being untreated, and if something is misdiagnosed and not treated for any length of time, it can amount to more serious problems developing, perhaps even permanent damage for the injured party. This can, in turn, disrupt a person’s life as they will eventually have to take more time off of work to treat the actual problem, and it can also be an issue when dealing with things like statutes of limitation, already-settled workers compensation cases, and more. In the event that this happens to you, you will need to contact a medical malpractice lawyer, preferably one who also has experience with workers compensation cases, to help you figure out the best course of action for your case.

  • Obtain medical care.
  • Take photos of the scene as well as your injuries.
  • Get names of those involved as well as addresses and telephone numbers of involved parties and witnesses.
  • Notify your employer if you are injured.
  • Don’t give any statements or sign any papers.
  • Contact a lawyer and request a case evaluation

Choose Your Personal Injury Lawyer by Asking These Questions:

  • Do they focus on personal injury victim cases?
  • What is their track record? Are they successful?
  • Do they have the answers to all of your questions?
  • Do they work on contingency, or do you have to pay up front?
  • Is it possible to build a relationship with the lawyer, or do they seem disinterested?

If you have been injured and want immediate action on your case, call us now dial 1-(888) 625-6265 or fill out our free online consultation. Our skilled professionals are available 24/7 to help you get the answers you need, and if you can’t come to us, we will come to you.

You’ve just been injured in an accident in Chicago or the surrounding Northern Illinois area. What should you do now?

It’s easy to make mistakes that can exacerbate your legal and medical woes and make it more difficult later to collect damages, such as money for lost wages and compensation for medical bills. Our attorneys here at Malman Law recommend the following:

  • Above all else, get immediate medical attention. You have the right to medical care, even if you’re partially at fault for the accident. The hours immediately after your injury are the most crucial in terms of your long-term prognosis.
  • Take photos of the accident scene and of your injuries. The more information you have from the scene, the easier it will be to determine exactly how the accident happened, and the more effective case our lawyers can make on your behalf.
  • Collect contact information from any witnesses of the accident. In particular, get names, phone numbers, and addresses.
  • If you got hurt at work, inform your employer. But never give statements or sign any paperwork until you’ve spoken with a knowledgeable, qualified Chicago workers’ compensation attorney.

If you’ve been injured in an accident, be it a car accident, work accident, or otherwise, you may be unsure of what to do to get your life back to normal.  No matter what type of accident caused your injury, it’s imperative that you seek medical care. This can help prevent the onset of permanent damage. Next, contact a a lawyer who can advise you on what the best course of action is, depending on the cause of the injury. If it is a work injury, you’ll also need to contact your employer and notify them of the incident and injury. Whatever course of action you take, be sure to keep a detailed record of everything that happens with your injury, from a written account of what happened to logs of bills and missed income reports so that you can help your lawyer get a better picture of how much compensation you should work to get.

Far too many legitimate Chicago personal injury cases are tragically destroyed or damaged by inappropriate statements claimants make to insurance companies. Remember, even if you’re a policyholder in good standing, your insurance company has no motivation to pay your full settlement amount. In fact, the company’s goal is almost always to pay out as little as possible.

To this end, claims adjusters and other representatives of insurance companies employ a battery of tactics – some cajoling, some bullying – to deny claimants their full and fair settlement amounts. Sadly, injured policyholders often don’t know their rights. They sign documents that they don’t fully understand, and they settle for far too little. Even saying seemingly innocuous things to insurance representatives can give the company far more legal leverage than it should have over your claim.

At Malman Law, we know the games insurance companies play. And we know how to beat them. Studies show that clients who “go it alone” against insurance companies collect on average two to three times less than do claimants who retain qualified personal injury attorneys to assist them. Even if your matter seems cut and dry, the laws governing tort liability are exceptionally complex. Insurance claims adjusters and other representatives spend all day every day calculating how to minimize people’s benefits.

Fight fire with fire by connecting with a veteran Chicago personal injury and workers compensation attorney now by calling us, dial 1-(888) 625-6265 or fill out our free online consultation. We’ll advise you for free and at No Obligation. We have a Zero Fee Guarantee and provide easy access to our attorneys to answer any questions or concerns you may have – 24/7/365.

Because texting and driving so often causes car accidents, the Illinois texting while driving statute carries legal implications that go far beyond the risk of simply being ticketed and fined. If you are involved in an accident while texting and driving, it is very likely that the accident will be ruled in your fault and that you will be held liable for the damages of anyone injured in the accident, plus property damage. This is particularly unfortunate, because texting while driving accidents are highly preventable.

Liability is not automatic, however. There are two possible defenses: (i) you can try to prove that your acts were reasonable under the circumstances (there was an emergency, for example), and (ii) you can try to prove that your texting and driving was not a substantial cause of the accident.

In case (i), once it is established that you were texting while driving, the burden of proof will be on you to prove that your actions were reasonable under the circumstances. This means that if you can present no convincing evidence that your actions were reasonable, despite the fact that they were illegal, you will lose the case.

In case (ii), the burden of proof will be on the person suing you to prove that your texting was a substantial cause of the accident. In many cases, however, this can be presumed from the circumstances – if you hit another driver because you ran a red light while texting and driving, it will be difficult to resist the conclusion that texting caused you to run the red light.

Even if an accident was clearly the fault of the other driver, you could be held partially liable if you were texting and driving. At the very least, being ruled partially at fault will eat into the amount of your recovery. As long as you are ruled less than 50 percent at fault for the accident, an amount equal to your percentage of fault will be deducted from your recovery. If you were 25 percent at fault, for example, you will be responsible for 25 percent of your own damages and the other driver will have to pay only 75 percent.

If you were 50 percent or more at fault, however, you will receive nothing, no matter how high your damages were, and you might even have to pay the other driver. This dynamic applies to settlement negotiations, as well as courtroom litigation, since all bargaining takes place “in the shadow of the law.” A defendant is unlikely to agree to pay you more than what a court would order him or her to pay in a lawsuit award, and he or she would be unlikely to be willing to accept a settlement amount from you that is less than the amount a court is likely to award.

You could even be charged with a crime for a texting and driving accident, if (i) someone was seriously injured or killed in the accident, (ii) your texting and driving was a substantial cause of the accident, and (iii) your degree of negligence rose to the level of “criminal negligence.” No one can tell you exactly what constitutes “criminal negligence” and what constitutes mere “civil negligence” – the dividing line is ambiguous and a lot depends on the particular facts of the case. Texting during a snowstorm, for example, is more likely to be ruled criminal negligence than texting in clear weather.

The prosecutor or the plaintiff in a civil lawsuit can even subpoena cell phone records from your service provider to use as evidence to prove that you were texting at the time of the accident. Of course, the same logic applies if it were the other driver who was texting and driving at the time of the accident.

Additionally, the scope of civil liability is broader than the scope of the Illinois texting and driving law. You might be held liable, for example, for using a hands-free device immediately prior to the accident – even though the use of hands-free devices while driving is not against the law in Illinois – if your use of a hand-held device distracted you enough to operate as a substantial cause of the accident. The same can be said of other distracting activities such as shaving while driving, eating while driving, or even arguing with a passenger while driving.

Because of all of these ambiguities and complexities, it is critical that you involve a good Chicago car accident lawyer as early as possible in the process, regardless of whether you are a plaintiff or a defendant. Contact our experienced auto accident attorneys today.

In Illinois, the statute of limitations for a dog bite case is generally two years from the date of the dog bite attack. However, this is different for victims who are under 18 years old. If the person who was bitten is under the age of 18 at the time of the dog bite, the statute of limitations does not expire until that person turns 25 years old.

Chicago witnesses a fantastic amount of traffic. From tourists visiting the Sears Tower to temporary residents touring scenic Lakeshore Drive to international business travelers flying through O’Hare Airport, hundreds of thousands visitors pass through the Windy City every year. While most tourists, convention guests, and others enjoy their stay, a small but significant percentage get injured.

If you’ve been injured in a Chicago accident, but you don’t live in the city or even in Illinois, what actions should you take to get compensation for your injuries and damages? It’s expensive and time consuming to travel back to Chicago. But the injuries and secondary consequences of those injuries (such as lost wages, missed work, pain, medical bills, and psychological effects) have not gone away.

Can you file a lawsuit in Illinois if you live out of state or out of the country?

What’s the protocol for assessing the proper jurisdiction?

What kind of logistical, time, and money investment must you make to pursue your case effectively?

Here at the Law Offices of Malman Law, we handle dozens of Illinois accident cases from out of state claimants. Whether you got hurt in an auto accident on the way to a business meeting near the Daley Center or you hurt yourself in a slip and fall on an icy sidewalk outside a restaurant downtown, we can develop an effective strategy that respects your limitations and maximizes your opportunities to collect compensation.

We’ve handled practically every type of workers’ compensation and Chicago personal injury case under the sun, including matters involving spinal cord injuries, police brutality, motorcycle accidents, medical malpractice, traumatic brain injury, and wrongful death. We can litigate matters long distance. For instance, perhaps you live out of state but have a relative who’s suffered abuse or neglect at a Chicago area nursing home. If so, count on us to investigate the claim and help ensure that your loved one gets fair and immediate medical treatment and the maximum possible recovery.

Our attorneys boast a reputation for being aggressive, well versed in the law, and formidable at the negotiating table. We fight for the rights of our clients. We’re not afraid to take on anyone, including deep-pocketed insurance companies.

But as victory-focused as our Illinois personal injury lawyers may be, we’re also client-focused. We will listen to your needs and concerns and respond quickly to them. We want to equip you with the resources and peace of mind to recover as fast as possible from your injury. Thanks to our Zero Fee Guarantee, until we collect money for you, you pay nothing for our services.

For a free consultation regarding your out of state Chicago injury matter, pick up the phone and call us dial 1-(888) 625-6265 or fill out our free online consultation or Request a Free Case Evaluation Today to find out what your case is worth.

Our workers’ compensation and personal injury attorneys offer Chicago what we refer to as a “Zero Fee Guarantee””. What does that mean for you? It means that if you retain us, we will hold all costs related to your case, including investigating and gathering information, as well as court fees and other sundry costs. And if you don’t win your case, we don’t get paid. It’s that easy.

You might be wondering how personal injury lawyers in Illinois can afford to do this. It’s because we deliver, and we win—and not just the bigger cases. Though our larger cases that earn six, seven, or eight figures are important, it’s our smaller cases that help keep us in the black, too. We value a good competition, and as such, we want to win no matter what the stakes are. Because of that, we’ve won cases for thousands of clients over the past 25 years.

We know that if we don’t succeed on our cases, we won’t make any money. That said, we’re very motivated to work hard for the rights of our clients. We’ll be sure to investigate your case from all angles, and find weaknesses in arguments put forth by insurance companies. We will also hold the threat of bringing the case all the way to trial, if necessary, to get results for you. We won’t back down to them—and we’ll always be compassionate to you.

Find out how Malman Law can alter your future and give you peace of mind. If you need help, call us now dial 1-(888) 625-6265 or fill out our free online consultation or request a free case evaluation to find out how much your case may be worth.

Not that there’s ever a time when getting hurt is convenient, but it seems that injuries often happen at the worst possible time. Whether you get into a car accident while driving home late at night, you become injured using a defective product over the holidays or on a weekend, or you are hurt by a doctor’s negligence after surgery, getting help sooner rather than later is ideal when constructing a personal injury or workers’ compensation case in Illinois.

The lawyers at Malman Law know that your injuries don’t care about a schedule, and that’s why we offer as much flexibility as possible. Our injury lawyers are on call in Chicago waiting to help, whether you’re injured at work in the middle of the business day or on Christmas Eve. Give us a call, dial 1-(888) 625-6265 or fill out our free online consultation and one of our skilled, professional lawyers will get back to you quickly to discuss the situation—all at no cost, and with no obligation.

Too often, personal injury clients and Illinois workers’ compensation clients don’t act fast enough to secure legal help, and this can be detrimental. The immediate aftermath of an injury is the best time to get help. Insurance companies spring into action, sending claims adjusters to the scene, taking pictures, collecting witness testimonies and getting statements and signatures—all of which are done in an attempt to limit your options as a victim. Don’t wait too long and increase the chance of making your case more complicated than it needs to be. The longer you wait to retain a qualified personal injury attorney in Illinois, the bigger your chance of making a misstep. Calm your worries, protect your rights and request a free case evaluation today.

One of the most common questions we’re asked is, “Why do I need to hire an Illinois personal injury lawyer?” We understand why our clients ask this. After all, if you’re dealing with the stress of an injury or dealing with a family member’s injury, the last thing you’ll probably want to do is spend more time dwelling on the problem or dragging the resolution out. Unfortunately, if you choose not to hire an attorney, whether you’ve gotten hurt at work or endured a personal injury in Chicago, you may be at a disadvantage when it comes to advocating for yourself.

Insurance companies are driven by their bottom lines. They need to make profits, and for that reason, it’s crucial to realize that they’re not really on your side. They have no motivation to pay out large settlement amounts, and in some cases will even hire consultants who help them figure out how to avoid paying policyholders, even by skirting the law.

To fight back, it makes sense for those Illinois personal injury claimants and those who have workers’ compensation cases to hire attorneys. A recent study showed that claimants who were represented by lawyers received two to three times more compensation than claimants who were unrepresented. Think about that figure if you’ve been debating going at your case alone. That means that even after you’ve paid our fees, you can get more money than you would get by dealing with your insurance company alone. It just makes sense to get an attorney. On top of that extra money, you’ll also save time, frustration, and anxiety, since you won’t have to deal with the insurance company on your own.

When you hire the Illinois personal injury lawyers at Malman Law, PC, you can rest easy. Don’t dwell on the case—spend time healing and taking care of yourself and your family.

Make use of our Zero Fee Guarantee, and call us immediately to get help and advice. We’re on call 24/7, dial 1-(888) 625-6265 or fill out our free online consultation and are ready to assist you. Request a Free Case Evaluation Today to find out how much your case is worth.

PPD benefits fall under workers’ compensation benefits. There are four major types of PPD benefits:

  • Wage differential: If the injury forces you to take a lower paying job, you will be entitled to two-thirds of the wage differential for five years after the injury or until you turn 67, whichever is later.
  • Scheduled injuries: The Workers’ Compensation Act places a value on the use of certain body parts. The amount of compensation is calculated by multiplying your average weekly wage by 60 percent, then multiply that by the number of weeks of compensation scheduled for that body part (76 weeks for a thumb, for example), and multiplying that product by the degree of impairment (50 percent, for example).
  • Non-scheduled injuries: If the injury is not listed on the Workers’ Compensation Act schedules, the benefit is calculated by multiplying the employee’s average weekly wages by 60 percent, multiplying the product by 500 weeks, and multiplying that product by the percentage of impairment to the body as a whole (15 percent, for example).
  • Disfigurement: If you suffered a serious and permanent disfigurement to certain parts of your body, your benefit will be calculated by multiplying your average weekly wage by 60 percent, multiplying that by 162 weeks, and multiplying that by the impairment percentage assigned to your disfigurement.

You must notify your employer, either orally or in writing, within 45 days of your injury, or you will lose your claim. Your notification must include a detailed description of your injury. Obviously, it would be best if you put your notification into written form and keep a copy for yourself.

Depending on whether your employer maintains a Preferred Provider Program (PPP), you may use either two doctors you have chosen, or you may choose between one doctor you have chosen or a doctor listed in the employer’s PPP. Although your union may recommend a doctor to you, you don’t have to follow their recommendation.

The initial determination of whether or not you are eligible for PPD benefits rests with your employer and the workers’ compensation insurance company. You might be compelled to undergo an “Independent Medical Evaluation” (IME) with a doctor chosen by the workers’ compensation insurance company, and you may have to undergo a “utilization review” of the proposed medical treatment. They have the right to refuse to authorize your medical treatment, and they often exercise this right because it saves them money to do so.

If your claim is denied or disputed, you have the right to seek arbitration with the Illinois Workers’ Compensation Commission (IWCC). There will be an adversarial hearing at which you will face a lawyer hired by the employer/workers’ compensation insurance company. You may be cross-examined by a lawyer. Both sides may present documentary evidence and call witnesses. You may need an expert witness to help you establish your claim.

The IWCC cannot make a final PPD determination in your favor until a licensed physician certifies that you have reached Maximum Medical Improvement (MMI). Your employer/insurance company may also request that you be assigned an impairment rating, which is designed as a measure of your disability that can range from one to 100 percent. The standards that govern your impairment rating are contained in the Rules of the American Medical Association Evaluation of Permanent Impairment, Sixth Edition.

Given all of the complexities of the claim process and the level of opposition that you are likely to face, this is absolutely no time to “go it alone” – without detailed knowledge of the Illinois workers’ compensation system and experience handling workers’ compensation arbitration claims, you will be nearly helpless against the other side unless you have an experienced workers’ compensation lawyer on your side – not only at the arbitration hearing but well before the hearing so that you will have time to prepare an effective case.

The IWCC will issue a decision on your case within three or four months of the hearing. If you disagree with it, you can appeal to a three-member IWCC commissioner panel (fewer than one percent of all workers’ compensation claims reach this stage), and after that to the court system. The entire appeals process can take up to two years if you continue to receive adverse decisions. If you are finally awarded PPD benefits, the award will be backdated to the date that you reached MMI, and you will receive back payments. You will also be entitled to reimbursement for 100 percent of your medical bills leading up to MMI.

In the realm of medical malpractice or nursing home negligence, medication errors make up a great number of cases filed. Because these cases are so common, it’s important to know what some of the more common errors are and how they are caused.

Many common medication errors involve inappropriate dosage—either too much or too little of a drug—or using the wrong drug entirely. The latter happens when drug names are abbreviated on labels, which can be confusing for the people who are administering them. Many drug names are similar, and even when someone is not tired or overworked or rushed, these mistakes can be made. That risk is higher when facilities are understaffed or overcrowded. In facilities such as hospitals or nursing homes, medication error with IV drugs is also common for the same reasons.

Administration of inappropriate drugs can cause other problems, such as drug interaction or side effects from the wrong drug. Drugs may also be given to the completely wrong patient, especially if charts are put in the wrong place or if patients/residents share rooms.

Sepsis is a blood infection caused by bacteria that enters through open wounds on the body or through IV lines or catheters. It is a very serious infection and if not treated immediately, it can become devastating.

Sepsis occurs when infections that would otherwise be treated quickly or even prevented are left ignored and untreated. There are a few ways to tell if sepsis in a nursing home resident happened as a direct result of neglect. Some of the signs include: the resident having untreated wounds or bedsores, linens not being cleaned on a regular basis, the resident wearing the same clothes for days at a time, the nursing staff being inattentive or overworked, the nursing home areas not being cleaned and disinfected on a regular basis, the nursing home resident complaining of being left alone too long or neglected/not treated in a timely manner, and if there is no hot water or regular bathing taking place.

If you slipped, fell, and got hurt, you may have a lot of questions about what to do next.

Slip and fall accidents are, as you can imagine, where a person is injured by slipping, tripping, or falling due to a dangerous condition—be it uneven flooring, a spill, a foreign object in the walkway, etc.  In order to determine whether a third party can be held liable for the fall, it needs to be proven that there was something negligent on their part that caused the fall.

So what should you do if you fall? First, call the police and paramedics if necessary. Gather all the evidence you can, including names and contact information for any witnesses. Use a camera or your phone to take photos of the scene and where you fell, especially the dangerous condition that caused the fall (for example, a wet floor with no “wet floor” signs. If you can’t take pictures, take detailed notes.

Report the fall to the management or owner of the premises, then seek medical attention. Contact an experienced slip and fall attorney next, as they will be able to guide you through the process of seeking compensation for your fall.

If you need to file a wrongful death claim in Chicago, you will need to gather proof of death (such as a death certificate) as well as statements from witnesses and family members who are dealing with the death of their loved ones. Next, contact a personal injury lawyer, who will determine the amount of compensation for medical bills, funeral costs, loss of benefits, loss of inheritance and potential punitive damages there are to fight for. The lawyer will need to prove that your loved one’s death was directly caused by the negligent behavior of the individual or group against whom the claim is being filed. There is a statute of limitations of two years for filing a wrongful death claim, so the sooner you file with a lawyer, the better.

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If you believe that your loved one has suffered because of a personal injury in Chicago, contact Malman Law right away. We believe that abuse or neglect should not be tolerated.
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    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

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    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

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    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.

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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 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

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    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

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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 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

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    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

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    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

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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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    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

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    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

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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 reparations of the accident. We would recommend their services!

    - Greg Gustafson

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    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

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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 and 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 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

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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 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

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    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

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    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

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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 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

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    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

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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!

    - Eddie Villarreal

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    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

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    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

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    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

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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!!!

    - Virgil Sanner

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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 the next steps, and got my case resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

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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