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CHICAGO

Progressive
Insurance Lawyers

Premier Personal Injury Attorneys
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Dedicated Progressive Insurance Lawyers in Chicago

A Chicago Personal Injury Law Firm Serving Car Accident Victims In Dealing With Progressive Insurance

The Progressive Corporation is the nation’s fourth-largest private auto insurer, writing over $20 billion in premiums. When negotiating with Progressive, it is important to remember that this company is a private, for-profit business and you are asking them for money. Since Progressive makes money by selling policies and loses money by paying claims, they are not on your side, since their interests are in direct opposition to yours.

Your Claim Against Progressive’s Insurance Policy

In most cases, the victim of a car accident caused by the negligence of the other driver file claims against the negligent driver’s auto liability insurance policy. In some cases, however, this may not be enough. If the driver was breaking Illinois auto insurance law by driving without liability insurance, for example, you may be forced to rely on your own insurance, unless the driver possesses enough personal resources to pay your claim. Even if the other driver was insured, his or her policy limits might not be enough to fully satisfy your claim – Illinois law requires only $25,000 in coverage per victim, up to a maximum of $50,000 per accident. If the negligent driver cannot pay the remainder, you may have to rely on your own insurance to cover it. Finally, you may be forced to rely on your own insurance for your claim if you were victimized by a hit and run driver who disappeared immediately after the accident. In any of these cases, you can rely on your own Progressive auto liability insurance policy, which is required by law to include uninsured and underinsured motorist insurance of at least $20,000 per victim and $40,000 per accident.

Do I Need a Lawyer to Handle My Claim?

If your injuries were minor, you may be tempted to forego the services of a lawyer. Even then, however, there may be good reasons to retain a lawyer to represent you. If your injuries were substantial, it seldom makes any sense at all to “go it alone.” Considering that an experienced Chicago car accident lawyer might be able to secure you several times the amount of the verdict or settlement that you would be able to secure on your own, your choice of attorney is likely to be the most important decision you make during the entire case. Following are some of the benefits of making that decision wisely:

  • Estimating your future medical expenses. If your injuries are long-term, this can be tricky. Nevertheless, you absolutely must get it right, because you won’t be able to file a second claim if you run out of money years down the road. At Malman Law, we are adept at this skill.
  • Calculating pain and suffering and other intangible damages. Since intangible damages are inherently ambiguous, Progressive’s initial offer is likely to be far less than what it is ultimately willing to pay. A good personal injury lawyer will be able to estimate Progressive’s true bottom line despite their pretenses to the contrary. Under the right circumstances, pain and suffering damages can total far more than 50 percent of your total award.
  • Locating and briefing competent expert witnesses. Expert witnesses are often critical for establishing liability and measuring damages.
  • Investigating your claim. Proving your claim means thoroughly understanding it, uncovering evidence, and locating eyewitnesses. Malman Law has access to professional investigators who can handle this important aspect of your case.
  • Estimating your percentage of fault. If both parties are at fault, you could end up with zero if a court decides you were 50 percent or more at fault. Even if the accident was mostly the other driver’s fault, a court could deduct large portions of your recovery to account for your percentage of fault. Progressive knows this, and its estimation of what might happen in court will influence its negotiating position with respect to your claim. We are adept at using evidence and reason to minimize your apparent fault.
  • The ability to file and prosecute a lawsuit. Progressive will have absolutely zero motivation to negotiate your claim unless you can credibly threaten to file a lawsuit against them. Filing and maintaining a lawsuit requires an understanding of civil procedure and the rules of evidence far in excess of what would be required in small claims court.
  • Negotiation skills. Negotiating with professional insurance company adjusters is an art that requires skill, practice, a keen understanding of human nature, and years of experience dealing with contested auto insurance claims.

Frequently Asked Questions

To win a personal injury lawsuit, you must prove three elements – negligence, causation, and damages. In some cases, such as when the driver was an on-duty employee, you can sue the negligent driver’s employer as well. In this case, you can win a lawsuit against the employer by proving these three elements against the driver alone, even if the employer was not negligent at all.

To prove negligence, it is not enough to prove that an action committed (or omitted) by the driver caused the accident – you will need to prove that the driver failed to exercise the ordinary care that a reasonably prudent driver would exercise under the same circumstances. This will be easier if you can show that the driver was breaking the law by, say, texting and driving; however, it is possible for a driver to be negligent without actually breaking any traffic laws.

You will also need to prove that the driver’s negligence was a substantial cause of the accident. If the driver rear-ended you, for example, you probably cannot win the case by proving that his or her brake lights were malfunctioning. Finally, you will have to prove that you suffered damages. Furthermore, you cannot recover for emotional distress unless you suffered a physical injury, as well.

Under Illinois law, an injured minor (under 18) cannot file a personal injury lawsuit in his or her own name, even if he or she is represented by a lawyer. Instead, a parent or legal guardian must file the lawsuit on their behalf. If the child is awarded damages, the money will probably not be sent directly into an account accessible to the minor. Instead, proceeds are likely to be placed into a protective bank account accessible to a parent or guardian, to be used only for the benefit of the minor.

Probably not, but it is possible. In Illinois, punitive damages are awarded only for outrageous conduct – mere negligence is not enough. The classic case justifying punitive damages would be if the defendant rammed into your car intentionally in a carjacking or to satisfy a personal grudge against you. In some cases, drunken drivers are subject to punitive damages awards. If you are awarded punitive damages, they will be awarded in addition to the normal compensatory damages. Unfortunately, unlike compensatory damages, punitive damages are taxable.

It depends on the legal relationship between the trucking company and the driver. If the driver was an employee of the trucking company, the trucking company is generally responsible for all damages caused by the negligence of the employee, unless the employee was off-duty at the time of the accident. If the employee was an “independent contractor,” however, the trucking company will not be liable unless they were negligent themselves – by negligently hiring a driver with a bad driving record, for example.

Most trucking companies retain drivers under an independent contractor arrangement, because they wish to limit their liability in case of an accident. Nevertheless, the trucking company cannot arbitrarily classify a driver as an independent contractor instead of an employee – a court will decide that question based in how much control the trucking company exercised over the driver.

Absolutely not, unless it is a written statement prepared by your lawyer. Insurance company adjusters will attempt to secure the lowest possible settlement, and they have many time-tested ways of tricking you into “admitting” something that could hurt your case. They might, for example, insist that you provide them with the exact time for the accident, so that they can later assert that the accident occurred because you were looking at your watch instead of paying attention to the road. A good Illinois personal injury lawyer knows these tricks and will not let you fall for them.

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Contact the Trusted Professionals at Malman Law If You Have Progressive Insurance

Here at Malman Law, our track record of $200 million in settlements and verdicts for over 20,000 personal injury clients is a source of great satisfaction. We are so confident that we can do the same for you that we offer a Zero Fee Guarantee – you will owe us nothing in legal fees until and unless you actually collect a recovery. If you believe that you might have a Progressive auto insurance claim in Illinois or Greater Chicago, call us today or contact us online for your free initial consultation.
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    Credibility & Experience

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    They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

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

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

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

    - Trevor Harris

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

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

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

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

    - Adrian Lopez

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

    - Vanessa Leon

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

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

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

    - Adrianna Gomez

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

    - Jose Cruz

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    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!

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

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    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!

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

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    - Jazlyn Caraballo

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

    - Ashley Jenkins

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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