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COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.
Learn moreAt Malman Law, P.C., we are committed to fighting for injury victims’ rights, and we will do whatever it takes to ensure that you receive every penny you are entitled to as quickly as possible.
State Farm is far and away the largest auto insurance company in the United States, writing well over $30 billion in premiums. Although this insurance industry giant cultivates the image of a “good neighbor,” it operates under the same incentives as any other for-profit business does: The key to profit is maximizing revenues and minimizing expenditures, and injury claims are expenditures. Once you file a claim against State Farm, don’t be surprised to find them behaving less like a “good neighbor” and more like a competing business operating right next door to yours.
Most auto accident victims resolve their cases by filing third-party insurance claims against the at-fault driver’s auto liability insurance policy. State Farm will under no circumstances pay out beyond its policy limits, regardless of the value of your claim. Unfortunately, many at-fault drivers lack the personal financial resources to make up the difference between the value of your claim and the amount paid out by State Farm, forcing you to look for alternative sources of compensation (see below).
You may claim against your own State Farm uninsured/underinsured motorist policy if:
In all cases, you can expect State Farm to be looking for ways to reduce the value of your claim or deny it altogether. Unless you are an extremely skilled negotiator with expert knowledge of auto insurance claims adjuster tactics, you will be at a serious disadvantage without skilled legal representation by your side to protect your interests.
Insurance company adjusters are professionals at saving money for their employers, and most of them carry an invisible bag of tricks with them to any contact with an unrepresented claimant. Some of the most common tricks are:
These are only a few of the dozens of tactics commonly used by auto insurance companies to deny liability altogether or pay out a fraction of what a claim is worth. At Malman Law, we have seen it all many times before and we know how to protect you.
Obviously, it is much easier to win a judgment or settlement against a drunk driver than against a sober one. Victory is not guaranteed in every instance, however, and just how much easier it is to win depends on various facts. Was the driver arrested for DUI at the scene of the accident? If not, you may have a hard time proving it. Even if you do, you will also have to prove that the driver’s intoxication actually caused the accident. While this is normally unproblematic, under certain circumstances it can be difficult to prove.
On the bright side, you could win a claim against an intoxicated driver even if he or she was acquitted in criminal court. The reason for this is that in a civil lawsuit (and by extension, a private settlement negotiations), you only have to prove liability by a more likely than not standard rather than the beyond a reasonable doubt standard used for a criminal prosecution. This means that you need only prove more likely than not that the other driver negligently caused the accident.
Under certain circumstances, you can sue the vendor who sold the drunk driver alcohol, although your recovery from the vendor would be subject to certain dollar limits.
A problem naturally arises if the other driver was uninsured or underinsured at the time of the accident, because you face the possibility of being unable to satisfy a judgment even if you do win the case. You may have several options, however, depending on the facts of your case:
It depends on the nature of your injury and the possible relationship between the injury you are filing a claim for and your pre-existing injury. If you have chronic back problems, for example, and you claim a back injury in a vehicle accident, you can expect State Farm to question whether your current injury was caused by the accident or whether it was pre-existing. At the very least, you can expect State Farm to deny part of the claim based on your pre-existing injury.
Nevertheless, it is important to be honest about your injury right from the start, because it will not be helpful if you appear to be trying to hide something.
Not unless you have issued written permission, either in the form of an authorization to accept a settlement within certain specific parameters, or if you have medical problems that prevent you from making the decision of settlement yourself (a power of attorney in favor of your lawyer, which allows him or her to make settlement decisions on your behalf). A lawyer who accepts a settlement on your behalf without your consent can be subject to disciplinary action by the Illinois State Bar Association, and may even be barred from the practice of law.
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
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in 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.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman 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!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If 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!
- Eugenia Cathery
They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.
- Omolewa Snyder
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
Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in 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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