Free Consultations | Tap To Call Today: 1.888.625.6265

Personal InjuryLet’s take a look at four facts most people don’t know about personal injury law in Illinois.

1. To win your case, you must prove that it is more likely than not that someone else’s negligence was a cause of your injuries.

The burden of proof in personal injury cases is called the “preponderance of the evidence.” This basically means that, in order to win your case, you must be able to make the judge or jury feel at least 51 percent certain that the defendant is at fault. This is a much lower bar than the “beyond a reasonable doubt” standard that applies in criminal court.

2. If you can’t prove that you were less than 50 percent at fault, you won’t be entitled to compensation.

However, your own level of fault also comes into play. Different states have different rules, but in Illinois, the rule is this: If you were the primary cause of the accident, you are not entitled to recover for any of your medical expenses, property damage, or other losses. If you were 25 percent at fault, you will only be able to recover 75 percent of your damages.

This is part of the reason why it is so critical to speak with an experienced attorney as soon as possible after your accident. The more time we have to investigate the accident and build your case, the better chance you will have to obtain maximum compensation for your losses.

3. You can – and should – negotiate with the insurance companies.

Most personal injury claims are resolved through insurance settlements. The settlement process involves negotiating for a higher payout by demonstrating the cause and extent of your injuries. You don’t technically have to meet the burden of proof that applies in court, but you do need to convince the insurance company that your claim would be likely to succeed if you went to trial.

Letting an experienced personal injury lawyer do the negotiating for you will ensure that all of the money is on the table.

4. You may be entitled to compensation from multiple parties.

Speaking of all of the money being on the table, it is important to make sure all of the responsible parties are involved in your claim. In auto accident cases, for example, some or all of the following might be partially to blame for your injuries:

  • The other driver (or drivers)
  • The driver’s employer (if the driver was on the clock)
  • The manufacturer of your vehicle
  • The manufacturer of the other vehicle (or vehicles)
  • Any repair shops that have recently worked on the vehicles
  • The government agency responsible for the road where the accident occurred

Learn More by Calling Malman Law

If you have a personal injury claim in Illinois, attorney Steven J. Malman can help you fight for the full compensation you deserve. Call (888) 625-6265 now to schedule a free consultation or fill out our online FREE case evaluation.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

Client Review

  • "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
View More Testimonials

Know Your Rights!

Why People Choose Malman Law

You’ll want our experience on your side.
You’ll want your lawyers to be this good.

  • Credibility & Experience

    20,000+ Cases over 25 Years
  • Track Record of Success

    Over $200,000,000 Collected
  • Team of Litigation Lawyers

    Real Courtroom Experience
Need Help
After Hours?

Paralegals Available
24 Hours A Day To
Speak With you

No Matter The Time, We’re Here To Help!
Click to Call Now