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personal injury Defense attorneys have one job: To disprove or discredit the plaintiff. When there is enough evidence establishing their client’s liability, defense attorneys will often turn to the treatment program – more specifically, they will try to claim that the plaintiff obtained too much treatment. Therefore, they use that to refuse to compensate for the costs of medical treatments. Defense attorneys will often also argue that the plaintiff’s lack of treatment showed that he or she was not injured. So, how does a plaintiff draw the fine line between the two, and still receive the treatment, as well as compensation, that he or she needs?

The issues of how much and how often a plaintiff should receive treatment does play a role in determining the value of a case, as well as the actual compensation that the plaintiff receives. Unfortunately, there is no standardized treatment for an injury, and there is no solution to this very common dilemma in personal injury law.

What to Do

If you have been seriously injured, it is in your best interest to contact a personal injury attorney. An attorney can advise you about your treatment, discuss your treatment needs and concerns with your physician, and create a plan in the event that the defense attempts to argue your injury status. Some other things that you can do include:

  1. See a Medical Professional – If your injury causes you pain, or you have symptoms that have not resolved, contact a medical professional. Do not ignore the professional, or use these symptoms in your claim without having them substantiated by a medical diagnostician first. Failure to seek treatment, or have proper diagnosis, could prove to the jury that you were not as injured as you claimed to be.
  2. Follow Doctor’s Orders – If you are instructed to receive treatments three times per week, do not skip a treatment. Even if you feel that it is too much, as long as it is recommended by a medical professional who is overseeing your care, you are doing nothing wrong. Most importantly, you do not want to be labeled as “non-compliant” by your treating physician.
  3. Inform Your Physician – When symptoms go away or when you are feeling better, report it to your physician right away, instead of cancelling treatments and therapies. Do not continue treatments that you no longer need – doing so could harm your chances for compensation.

Most importantly, follow the guidance of your treating physician. He or she knows what treatments you need to recover, has documented your injuries and symptoms significantly, and are there to get you better. If you are concerned about your treatments, speak with your personal injury attorney.

Were You Injured? Seek Medical Treatment, Then Contact a Chicago Personal Injury Attorney

If you have been seriously injured, contact a personal injury attorney right away. An attorney can help ensure that you receive the treatment that you need, but also prove that your treatments are justified (and required), in order for you to recover from your injuries. You can contact the personal injury team at Malman Law 24 hours per day, seven days per week. Schedule a free consultation now; fill out our online contact form with your questions.

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
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