Naperville Personal Injury Lawyer Blog

Understanding Attorneys’ Fees in Naperville Nursing Home Cases

January 17, 2025 | John J. Malm

In most civil cases in the United States, each party is responsible for paying their own attorneys’ fees. This principle is known as the American Rule. However, Illinois law provides exceptions to this rule in certain types of cases, including those involving nursing home abuse and neglect. These exceptions often apply in cases where statutory protections have been violated or where the nursing home’s conduct is deemed particularly egregious.

In nursing home abuse cases, attorneys’ fees may be awarded to plaintiffs under specific Illinois statutes that prioritize the rights of nursing home residents and penalize facilities for negligence or abuse. For families, an award of attorneys’ fees can be an essential part of the recovery, allowing them to fully pursue justice without the burden of paying legal costs. Continue reading

Ankle Fractures from Falls on Snow and Ice: The Legal Implications and What Victims Should Know

January 9, 2025 | John J. Malm

Winter in Illinois brings not only picturesque snowfalls but also treacherous conditions that increase the risk of slip and fall accidents. One of the most common and serious injuries resulting from such accidents is an ankle fracture. Falls on icy or snow-covered surfaces can lead to devastating injuries, with ankle fractures among the most painful and debilitating. These fractures can require extensive medical treatment, including surgery, rehabilitation, and time away from work, significantly impacting the physical and financial well-being of victims. Continue reading

The 5 Most Dangerous Dog Breeds

January 3, 2025 | John J. Malm

Dogs are often called man’s best friend, but some breeds are statistically more likely to cause harm due to their size, strength, and temperament. While any dog can be dangerous under certain circumstances, certain breeds appear frequently in reports of attacks, injuries, and fatalities. According to studies from the Centers for Disease Control and Prevention (CDC), these dog breeds often require additional scrutiny due to the risks they pose.

In this blog, we’ll examine the five most dangerous dog breeds, using data and examples to explore reported incidents, injuries, fatalities, and the legal and insurance landscape. We’ll also discuss what victims can do if they are injured and why holding negligent dog owners and their insurers accountable is critical for justice.

Pit Bulls

What Makes a Successful Negotiation in a Naperville Car Accident Settlement?

December 18, 2024 | John J. Malm

Negotiating a car accident injury settlement can feel overwhelming, especially when dealing with insurance companies focused on minimizing payouts. For many Illinois crash victims, the negotiation process is the key to recovering fair compensation for medical bills, lost wages, property damage, and pain and suffering.

Achieving a successful settlement requires preparation, strategy, and an understanding of the factors that influence negotiations. From the evidence you present to the strength of your legal representation, multiple elements come into play during settlement talks.

“A successful negotiation is more than just an exchange of numbers. It’s about understanding the nuances of your case, presenting compelling evidence, and knowing when to push back against unfair offers. With the right approach, you can secure a settlement that truly reflects the impact of your injuries.” — John J. Malm, Naperville car accident attorney

The Seven Most Common Types of Nursing Home Abuse Claims in Naperville

December 12, 2024 | John J. Malm

Nursing home abuse is a pervasive and deeply troubling issue, both nationwide and within Naperville, Illinois. With a significant elderly population and numerous nursing home facilities in the area, residents and their families must remain vigilant against potential mistreatment. According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 10 adults over the age of 60 experiences some form of elder abuse annually. In Illinois, the Department of Public Health (IDPH) oversees about 1,200 long-term care facilities serving more than 100,000 residents, many of whom are in DuPage County and Naperville. Continue reading

Hit-and-Run Accidents: The Importance of Uninsured Motorist Coverage

December 5, 2024 | John J. Malm

Hit-and-run accidents are among the most frustrating and traumatic incidents a driver can experience. The suddenness of the collision, coupled with the other driver fleeing the scene, often leaves victims with severe injuries, property damage, and no clear path to recovery. According to the National Highway Traffic Safety Administration (NHTSA), over 700,000 hit-and-run accidents occur annually in the United States, and nearly 65% of fatal hit-and-run crashes involve pedestrians or cyclists.

For Illinois drivers, understanding the role of uninsured motorist (UM) coverage is essential in these situations. UM coverage serves as a critical safety net for victims of hit-and-run accidents, ensuring they have access to compensation even when the at-fault driver cannot be identified. In this blog, we’ll explore what constitutes a hit-and-run accident, how uninsured motorist coverage works, and why having robust UM coverage is crucial for protecting yourself and your family. Continue reading

Why Fall-Downs at Nursing Homes are Serious

November 27, 2024 | John J. Malm

Falls are a leading cause of injury and death among elderly individuals, particularly in nursing homes where vulnerable residents are already at higher risk due to physical frailty, chronic illnesses, and environmental hazards. According to the Centers for Disease Control and Prevention (CDC), approximately 83% of hip fracture deaths are caused by falls each year, and countless other elderly people experience severe injuries that diminish their quality of life or hasten their decline.

In this blog, our top-rated Naperville elder abuse and neglect attorneys explore why falls in nursing homes often result in serious injury or death, what factors contribute to these outcomes, and how nursing homes can take proactive steps to reduce risks. We’ll also offer guidance for families navigating the aftermath of a fall and seeking accountability for neglect.

Why Are Falls So Devastating for Nursing Home Residents?

The Dangers of Unsafe Trucks

November 21, 2024 | John J. Malm

The highways of Northern Illinois are vital arteries for commercial transportation, especially with the convergence of major routes such as I-80, I-294, I-88, I-290, I-90 and I-355. These thoroughfares are frequented by large semi-trucks transporting goods across the Midwest, making them crucial for the region’s economy. However, these trucks also pose significant dangers to motorists. When trucks are operated safely, they fit seamlessly into the flow of traffic. But when maintenance is neglected or drivers operate irresponsibly, these massive vehicles become hazards on the road. A fully loaded semi-truck can weigh up to 80,000 pounds—making accidents with passenger vehicles potentially deadly.

Even under the best conditions, large trucks take longer to stop, have larger blind spots, and are more challenging to maneuver. These characteristics mean that when trucks are not properly maintained or when drivers are fatigued or distracted, the results can be disastrous. The risks posed by unsafe trucks are magnified on busy, congested highways like those in Northern Illinois. The combination of dense traffic, merging lanes, and interchanges increases the likelihood of accidents involving large trucks. Drivers of smaller vehicles are at particular risk, as the sheer size and weight of a truck can cause catastrophic damage in a collision.

How Should You Prepare for Your Discovery Deposition?

November 15, 2024 | John J. Malm

If you’re a plaintiff in a personal injury case, getting ready for a discovery deposition can be nerve-wracking. This formal session, where the opposing attorney asks you about the accident, your injuries, and the impact on your life, is a critical part of the legal process. Your responses will be under oath and recorded, making it vital to be well-prepared.

Preparing for your deposition may seem intimidating, but it’s also an opportunity to share your story clearly and confidently. Every answer you give becomes part of the official record and can play a significant role in the outcome of your case, influencing settlement negotiations or trial strategy. With careful preparation and a solid understanding of what to expect, you can approach this important moment feeling ready, calm, and equipped.

At John J. Malm & Associates, our top-rated Naperville personal injury attorneys guide clients through each stage of this process to ensure they’re fully prepared. Let’s dive into how you can prepare for a successful deposition and what you can expect.

How Much Is My Personal Injury Case Worth?

November 8, 2024 | John J. Malm

One of the most common questions people ask after being injured in an accident is, “How much is my case worth?” While this is a straightforward question, the answer is anything but simple. The value of a personal injury case depends on numerous factors, including the severity of your injuries, the impact on your life, and the circumstances of the accident. In this blog, we’ll break down the key components that influence the value of your case, helping you understand what to expect if you’re pursuing a personal injury claim in Naperville, St. Charles, or anywhere in Illinois. Continue reading