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Driving in the western suburbs of Chicago? You may need to pay extra attention on some of the region’s most accident-prone roads and highways. The western suburbs, including Naperville, Aurora, Downers Grove, Oak Brook, and Wheaton, are home to some of the busiest thoroughfares in Illinois. High traffic volume, heavy congestion, and frequent merging make certain roads and highways particularly dangerous for drivers.

According to the Illinois Department of Transportation (IDOT) and the National Highway Traffic Safety Administration (NHTSA), many major roads in the western suburbs see a disproportionately high number of car accidents every year. Factors such as speeding, distracted driving, and poor road design contribute to these accidents, some of which result in serious injuries or fatalities. Continue reading

Selecting a nursing home for a loved one is one of the most significant decisions a family can make. The quality of care provided by a facility directly impacts the health and well-being of its residents. To aid families in making informed choices, the Medicare star rating system serves as an essential tool for evaluating nursing home performance. At John J. Malm & Associates, with offices in Naperville and St. Charles, we believe that understanding this system is crucial for ensuring your loved one receives the best possible care at their nursing home. Continue reading

Slip and fall accidents are among the most common causes of personal injury claims in the United States. According to the National Floor Safety Institute (NFSI), slips and falls result in over 1 million emergency room visits annually, accounting for 12% of all fall-related hospital visits. In Illinois, property owners have a duty to maintain safe premises, and when they fail to do so, victims have the right to seek compensation for their injuries.

In this blog, we’ll walk through a typical slip and fall case using a fictional example to explain how these claims are handled—from the moment of the accident to investigation, settlement, or trial.

The Incident: A Fictional Case

A tire defect case is a specific type of product liability claim where the plaintiff alleges that a defective or blown tire caused an accident and resulting injuries. To succeed in a tire defect case, the plaintiff must prove the following:

  1. The tire was defective.
  2. The defect made the tire unreasonably dangerous.
  3. The defect existed when the tire left the manufacturer’s control.
  4. The defect caused the plaintiff’s injuries or damages.

Continue reading

The Growing Concern of Fatal Car Accidents in Chicago

Chicago, Illinois, is one of the most traffic-heavy cities in the United States, with millions of vehicles on the road daily. Unfortunately, this also means a high rate of traffic accidents, many of which result in fatalities. According to the National Highway Traffic Safety Administration (NHTSA), over 42,000 people died in motor vehicle crashes across the U.S. in 2022. The Centers for Disease Control and Prevention (CDC) states that traffic crashes remain one of the leading causes of preventable deaths, especially for individuals under 50.

The Illinois Department of Transportation (IDOT) and the Chicago Department of Transportation (CDOT) have identified the most hazardous locations in the city for fatal accidents. With heavy traffic, congested intersections, and aggressive driving, certain areas pose a heightened risk of severe and deadly collisions. Understanding these high-risk zones can help drivers take precautions and allow local officials to implement safety improvements. Continue reading

Understanding the differences between a concussion and a traumatic brain injury (TBI) is crucial for proper diagnosis, treatment, and management. Although both conditions involve brain injury, they differ in severity, symptoms, and long-term effects. According to the Centers for Disease Control and Prevention (CDC), approximately 1.5 million Americans suffer from a TBI each year, with concussions making up a significant portion of these cases. Continue reading

When a minor is injured in an accident, the legal process becomes more complex, particularly when it involves the management of settlement funds. In Illinois, courts often require the appointment of a Guardian of the Estate to oversee and manage any settlement proceeds on behalf of a minor. This legal guardian is responsible for handling the minor’s financial interests and ensuring the settlement funds are used in a way that benefits the child, both immediately and in the future. At John J. Malm & Associates, we assist families in navigating this process to ensure that their child’s best interests are protected and that any settlement funds are handled responsibly.

What is a Guardian of the Estate?

A Guardian of the Estate is a court-appointed adult, often a parent or a trusted family member, who is given the legal authority to manage the financial affairs of a minor. In the context of a personal injury settlement, a Guardian of the Estate is appointed to manage the settlement funds on behalf of the minor. This differs from a guardian ad litem, who is appointed to represent the minor’s interests in legal proceedings; a Guardian of the Estate specifically handles the financial aspects after a settlement is awarded.

In dog bite cases, liability is often not the primary issue confronting plaintiffs. Illinois law imposes strict liability on dog owners, meaning that as long as the plaintiff was lawfully on the premises and did not provoke the dog, the owner is responsible for the injuries caused by the attack (510 ILCS 5/16). Instead, the focus at trial frequently shifts to damages—proving the extent of the harm suffered by the plaintiff and ensuring that they receive appropriate compensation.

Damages in dog bite cases can be wide-ranging, including medical bills (both past and future), pain and suffering, emotional distress, and disfigurement combined with loss of a normal life. An experienced personal injury attorney knows how to present compelling evidence for each type of damages, tailoring the case to the unique circumstances of the dog bite. In this blog, we’ll explore the types of damages recoverable in dog bite cases, using different dog breeds to illustrate examples and highlighting key case law to guide the discussion. Continue reading

If you’re a driver in Illinois, you’re likely aware that auto insurance is not just a good idea—it’s a legal requirement. One of the most critical components of car insurance is bodily injury liability coverage, which protects you financially if you’re responsible for injuries in a car accident. But how much bodily injury liability coverage is required by Illinois law, and is the minimum coverage enough?

Understanding Illinois’ minimum insurance requirements is essential for drivers to stay compliant with the law and protect themselves from financial risk in the event of an accident. Continue reading

Artificial intelligence is now driving changes in the ways cars are operated and driven, moving us closer to an urban landscape filled with self-driving automobiles.  But what about pedestrian safety?  With technology moving faster than safety regulations can keep up, many are asking, will self-driving cars be able see pedestrians and takes steps to avoid a collision? Unfortunately, the answer is not always. This blog explores why critical vehicle failures occur in self-driving cars, examines the legal implications of these failures, and highlights the severe injuries and fatalities often associated with pedestrian accidents. Continue reading

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