Why the Court May Require the Appointment of a Guardian of the Estate in a Child’s Injury Case in Illinois

February 7, 2025 | John J. Malm

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.

What Is The Burden Of Proof For Damages In A Dog Bite Case?

January 31, 2025 | John J. Malm

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

What Is the Minimum Bodily Injury Liability Insurance Amount in Illinois?

January 23, 2025 | John J. Malm

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

Can Autonomous Vehicles Be Counted on to See Pedestrians?

January 17, 2025 | John J. Malm

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

What to Expect When You File a Personal Injury Lawsuit in Illinois

January 9, 2025 | John J. Malm

Filing a personal injury lawsuit is the first step in seeking compensation for injuries resulting from incidents like car accidents, truck accidents, slip and falls, nursing home negligence, dog bites, product liability, wrongful death, or medical malpractice. The process can seem complex, but understanding what to expect helps manage stress and ensure you’re prepared.

This guide will walk you through the key stages of filing a personal injury lawsuit in Illinois, from filing a complaint to navigating settlement negotiations or going to trial. Whether you’ve suffered from a motor vehicle accident or nursing home neglect, this information will empower you throughout your case. Continue reading

Negligent Snow Plowing: Hazards on Commercial Sidewalks and Parking Lots

January 3, 2025 | John J. Malm

As winter approaches, commercial property owners face the annual challenge of maintaining safe walkways and parking lots free from snow and ice. Failing to clear these areas properly can lead to hazardous slip and fall conditions that result in serious injuries. In Illinois, commercial property owners and snow removal contractors have a legal duty to ensure that they take reasonable steps to keep their premises safe during winter weather. Negligence in snow plowing or improper maintenance can make these parties liable for injuries resulting from dangerous slip and fall conditions.

In this blog, our Illinois slip and fall attorneys explore what constitutes negligent snow plowing, the legal responsibilities of commercial property owners, and how hazardous conditions on sidewalks and parking lots can give rise to personal injury claims.

Legal Responsibilities of Commercial Property Owners

What Is Uninsured Motorist Coverage in Illinois?

December 18, 2024 | John J. Malm

Uninsured motorist (UM) coverage is one of the most critical protections Illinois drivers can have. If you’re involved in an accident caused by a driver who doesn’t have insurance, UM coverage ensures that you’re not left shouldering the financial burden alone. This type of insurance steps in to cover medical bills, lost wages, and other damages that the at-fault uninsured driver cannot pay.

Illinois law requires drivers to carry uninsured motorist coverage, making it a standard part of most auto insurance policies. But how does UM coverage work, and what does it include? Continue reading

Illinois Dog Bite Law: Why Illinois Is A Strict Liability State

December 12, 2024 | John J. Malm

Illinois is one of several states that follows a strict liability standard for dog bite injuries. This means that dog owners are held legally responsible for injuries caused by their dogs, regardless of whether the dog has a history of aggression or whether the owner was negligent. This approach reflects the state’s public policy that prioritizes the safety of its residents and encourages responsible pet ownership.

In this blog, we’ll delve into Illinois’s strict liability law for dog bites, explain why Illinois has adopted this standard, examine the severity of injuries often caused by dog attacks, and explore the importance of requiring pet owners to restrain and control their animals responsibly.

Illinois Dog Bite Statute: The Law Explained

Common Mistakes to Avoid When Filing a Personal Injury Claim

December 5, 2024 | John J. Malm

Filing a personal injury claim after an accident is a critical step toward securing the compensation you need for medical bills, lost wages, and other damages. However, the process can be complex, and even small mistakes can jeopardize your case.

At John J. Malm & Associates, our top-rated personal injury lawyers bring over 90 years of combined litigation experience to personal injury cases, helping clients navigate the legal system and avoid costly pitfalls. With offices in Naperville and St. Charles, our award-winning team has recovered millions for injured clients across Illinois. In this blog, we’ll highlight common mistakes people make when filing a personal injury claim and how to avoid them. Continue reading

Fatal Pedestrian Accidents: Understanding Liability and Pursuing Justice in Illinois

November 27, 2024 | John J. Malm

Losing a loved one in a fatal pedestrian accident is a devastating and life-altering event. Families are left not only to cope with profound grief but also to navigate the complex and often overwhelming process of seeking justice for their loss. At John J. Malm & Associates, we understand the deep emotional and financial challenges that come with such a tragedy. Our mission is to provide compassionate support and tireless advocacy for families seeking answers and accountability.

“Representing families after a fatal pedestrian accident is about more than legal action—it’s about honoring their loved one’s memory and ensuring their loss is not in vain. We stand beside these families to fight for justice and the closure they deserve.” — John J. Malm, Illinois fatality attorney

Let’s explore what it means to represent families in these tragic cases and how our Illinois wrongful death law firm works to hold negligent parties accountable.

Chicago Injury Lawyer Blog

What is a Guardian of the Estate?