John J. Malm & AssociatesFindLaw IM Template2026-07-17T09:10:00Zhttps://www.malmlegalblog.com/feed/atom/WordPress/wp-content/uploads/sites/1603002/2021/09/favicon-75x75.icoOn Behalf of Law Offices of John J. Malm & Associates<![CDATA[What is the deadline to file a claim after a car hits you?]]>https://www.malmlegalblog.com/?p=462932026-07-17T09:10:00Z2026-07-17T09:10:00ZHow does the deadline work?
Illinois generally gives you two years from the crash date to file a personal injury lawsuit against the responsible driver. The same period applies whether you were driving, riding as a passenger, cycling or walking when the vehicle struck you. If the crash occurred on Aug. 10, 2024, for example, you would ordinarily need to submit your case by Aug. 10, 2026.
If you miss this window, the other driver may ask the court to dismiss your case. Unless the court accepts a legal exception, the judge may grant that request even when the driver admitted fault or your evidence strongly supports your account.
Does an insurance claim count?
Most people report a crash to an insurance company long before they consider a lawsuit, and working with an adjuster may feel like formal legal action. Illinois treats an insurance claim and a lawsuit as separate matters, so opening a case does not preserve your right to sue.
The two-year period continues while the adjuster reviews your medical records, requests statements and makes offers, even when both sides negotiate in good faith. Those discussions can last for months without producing a settlement, and neither a letter, phone call nor offer changes the filing date unless the parties sign a valid tolling agreement.
Could another deadline apply?
Illinois generally pauses the two-year period if you were younger than 18 when the crash injured you, giving you two years after your 18th birthday to file. A parent or guardian might bring the case on your behalf earlier, which may make it easier to preserve footage, witness accounts and other evidence.
The state recognizes a discovery rule that may postpone the deadline until you know or reasonably should know that you were injured and that the injury was wrongfully caused. However, courts generally treat a car crash as a sudden traumatic event, so the filing deadline usually begins on the injury date even if the full extent of the injury is diagnosed later.
Different rules apply when a government employee or vehicle causes a collision. The state generally gives you one year to sue a local public entity or employee, while a claim involving a state vehicle usually belongs in the Illinois Court of Claims, which can require written notice within one year and filing within two years.]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[5 precautions to take while walking to avoid pedestrian accidents]]>https://www.malmlegalblog.com/?p=462902026-05-29T13:53:33Z2026-05-29T13:53:33ZUse designated crosswalks
Cross streets at marked crosswalks or intersections when they are available. If you cross at any other location, Illinois law mandates that pedestrians must yield the right-of-way to oncoming vehicular traffic. Crosswalks makes you more visibile to drivers and helps establish your legal right to cross.
Ensure drivers see you
Look directly at approaching drivers before you enter a street. This can help confirm that the driver has seen you. Never assume a vehicle will stop, even at a crosswalk. Illinois law requires drivers to yield to pedestrians within a crosswalk. However, it prohibits pedestrians from suddenly stepping off a curb into traffic when a vehicle is too close to safely stop.
Increase your visibility
Choose bright or reflective clothing during dawn, dusk or nighttime hours. Illinois experiences significant seasonal darkness, making visibility very important, especially during hours of low light or bad weather. Use a flashlight or activate your phone's light feature when walking after dark.
Eliminate distractions
Keep your phone stored and do not use your headphones before crossing streets. This can help you hear approaching vehicles and emergency sirens. Distracted walking reduces your awareness of potential dangers around you.
Respect traffic signals
Obey pedestrian signals and traffic lights at all times. These signals coordinate traffic flow and create safe crossing opportunities. Crossing against the signal puts you at significant risk, even if the street appears clear.
When accidents happen
Despite taking precautions, pedestrian accidents still occur due to driver negligence. Distracted driving, speeding and failure to yield cause many of these collisions. If a vehicle strikes you while walking, you may take legal action.]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[What it means that Illinois is an at-fault state]]>https://www.malmlegalblog.com/?p=462892026-04-08T14:28:43Z2026-04-08T14:28:43ZWhat does “at-fault” mean
In Illinois, “at-fault” means the driver who caused the accident takes responsibility for the damage. If another driver caused the crash, that driver’s insurance will typically cover your losses.
This responsibility extends beyond vehicle damage and can include medical treatment, follow-up care, lost income from missed work, and other costs tied to the accident. The system places the financial burden on the person who caused the harm rather than the person who experienced it.
This system contrasts with no-fault states, where each driver uses their own insurance no matter who caused the crash. In Illinois, fault plays a central role in determining outcomes, and strong evidence often shapes the result.
How fault works after a car accident
Insurance companies review the facts to determine who caused the accident, and that decision controls which policy pays for the damage. In most cases:
The at-fault driver’s insurance pays for losses
You may pursue compensation through that policy
Adjusters rely on evidence such as police reports and photos
Even when the situation appears straightforward, disagreements can still arise because different insurers may interpret the same facts in different ways.
In practice, insurance companies often focus on small details when they assign fault percentages. They may point to speeding, delayed reaction time, or failure to follow traffic signals as contributing factors. As a result, even a minor shift in fault can affect the amount of compensation available.
What happens if you share fault
Some accidents involve more than one contributing factor, so Illinois applies a rule called modified comparative negligence to measure each person’s share of responsibility.
If you are less than 50% at fault, you may still recover compensation, but your share of responsibility will reduce your total recovery. For example, if you carry 20% of the fault, your compensation may decrease by 20%.
If your share of fault reaches 50% or more, you cannot recover damages. Because of this threshold, fault allocation often becomes a central issue, especially when the circumstances of the accident remain unclear.
What this means for you
In an at-fault state, responsibility drives what happens after a crash and influences who pays and how insurance companies handle your claim.
When fault becomes disputed, the details of the accident matter more. The information you gather early can shape how others evaluate your situation and can influence the outcome of your claim.
]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[How often does distracted driving cause car accidents?]]>https://www.malmlegalblog.com/?p=462882026-02-02T15:25:09Z2026-02-02T15:25:09ZThe numbers behind distracted driving crashes
The National Highway Traffic Safety Administration (NHTSA) reported that 3,275 people died in distracted driving crashes in 2023. That number breaks down to roughly nine lives lost every single day due to a driver who was not fully focused on the road.
These fatalities represent more than statistics. They are parents who never made it home from work, teenagers killed on their way to school and passengers whose routine car rides ended in tragedy.
What counts as distracted driving beyond texting
While texting gets most of the attention, cases of distracted driving can include:
Looking at a GPS, checking on passengers or glancing at a notification
Eating, drinking, adjusting the radio or reaching for items in the car
Having an intense conversation, daydreaming or feeling stressed can pull your mental focus away from the road
The normalcy of these actions does not reduce their risk. Any activity that takes your eyes off the road, hands off the wheel or mind off driving increases your chance of an accident. Illinois lawmakers have responded to this widespread problem with strict regulations and escalating penalties.
Illinois laws and penalties you should know
Under state law, drivers cannot use handheld electronic devices while operating a motor vehicle. This means you cannot text, browse the internet, check emails, use apps or make calls without a hands-free device while driving.
As of 2024, the law also prohibits watching videos or using video-conferencing applications like Zoom while behind the wheel. Drivers under 19 face even stricter rules and cannot use any electronic devices while driving, including hands-free options.
Fines start at a maximum of $250 for a first offense and escalate for repeat violations, reaching up to $500 for a second offense and $750 for subsequent stops. These penalties are even more severe in protected areas like school or construction zones, where fines can reach $1,000.
The most serious consequences come when distracted driving causes harm to others. An accident resulting in great bodily harm or permanent disability can lead to Class A misdemeanor charges. If a crash results in a fatality, the driver may face Class 4 felony charges, which carry potential prison time and a permanent criminal record.]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[How long does a car accident claim take?]]>https://www.malmlegalblog.com/?p=462862025-12-02T15:56:20Z2025-12-02T15:56:20ZWhat factors influence your claim timeline?
The timeline for car accident claims in Illinois depends on the circumstances. For example, a simple case with minor injuries and clear liability often settles within a few months; however, cases that involve a lawsuit can stretch into years.
Insurance companies usually take about 30 days to investigate a claim, but complicated cases can take longer. Factors that affect how long your case takes include how serious your injuries are, the clarity of fault, how many people are involved and whether you have reached maximum medical improvement.
Maximum medical improvement happens when your doctor decides your condition has stabilized and is unlikely to get better with more treatment. Reaching this point is important as it lets you see the full extent of your injuries and future medical needs, which can help determine appropriate compensation.
The complexity of your case also plays a significant role. Multi-vehicle collisions or cases involving commercial vehicles often require more extensive investigations.
How does the Illinois claims process work?
Illinois is a fault-based insurance state, meaning the driver who caused the incident is financially responsible for damages. This makes it different from no-fault states, where both drivers’ insurance will cover the losses regardless of who is at fault.
The state also follows a modified comparative negligence system, which means you can recover damages as long as your share of fault does not exceed 50%. If you caused 30% of the crash, the insurance company would reduce your compensation by that percentage. However, if you caused 51% or more of the crash, you may not recover anything.
Once you file a claim, the insurance company begins investigating. Adjusters review police reports, interview witnesses, assess vehicle damage and evaluate medical records. State law requires insurers to provide claim forms within 15 working days of a request and to explain in writing any unresolved property damage claim after 60 days.
Can legal representation affect my timeline?
Working with an attorney can affect your settlement timeline in several ways. Your lawyer can communicate with insurance adjusters for you, which prevents you from making statements that could lower your compensation. Attorneys also know which documents you will need upfront, reducing delays from incomplete submissions.
Evidence preservation is another key role an attorney plays. They can obtain surveillance footage before it is deleted, interview witnesses while memories are fresh and secure photos of the accident scene. These actions can prevent disagreements that would slow down your case.]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[Is it more dangerous to drive at night?]]>https://www.malmlegalblog.com/?p=462852025-10-28T16:49:26Z2025-10-28T16:49:26Z at night presents unique challenges and risks that can make it more dangerous than daytime driving. The National Highway Traffic Safety Administration (NHTSA) reports that fatalities from nighttime driving are almost three times higher compared to those that occur during daylight hours. Understanding these dangers and taking proactive measures can significantly reduce the risk of accidents.
Dangers that are unique to nighttime travel include:
Reduced visibility: At night, the absence of natural light makes it difficult to see road signs, pedestrians, and other vehicles. Headlights provide limited illumination, which can create blind spots and make it harder to judge distances accurately.
Increased likelihood of impaired drivers: Those who drive at night are at a higher risk of dealing with inebriated drivers. The NHTSA found that 60% of nighttime fatal crashes involved drunk drivers.
Driver fatigue: Fatigue is a common issue during nighttime driving. The body's natural circadian rhythm promotes sleepiness during the night, which can impair reaction times and decision-making abilities.
Wildlife crossings: Many animals are more active at night, increasing the risk of collisions. Drivers may not see animals until it is too late to avoid them, leading to potentially severe accidents.
Drivers can reduce the risk by making sure to regularly check and clean headlights, taillights, and windshield to ensure maximum visibility. It can also help to use high beams when driving on dark roads without oncoming traffic to increase visibility. Remember to switch back to low beams when other vehicles approach.Driving at night undeniably presents more dangers than daytime driving. Reduced visibility, the presence of impaired drivers, and fatigue are significant factors that increase the risk of serious car accidents. However, by understanding these risks and implementing safety measures, drivers can protect themselves and others on the road. Prioritizing vehicle maintenance, staying alert, and using appropriate lighting can help ensure a safer nighttime driving experience.]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[Common mistakes to avoid while filing a personal injury claim]]>https://www.malmlegalblog.com/?p=462842025-08-05T16:05:35Z2025-08-05T16:05:35ZFiling a personal injury claim can help you recover damages after an accident, but small missteps can hurt your chances of success. Many people don’t realize how easy it is to make common mistakes that can delay or reduce compensation. Knowing what to avoid helps you stay in control of the process.
Not getting medical treatment right away
Some people wait to see a doctor because they feel fine after the accident. Delaying care can hurt your health and weaken your claim. Insurance companies often argue that your injuries weren’t serious if you didn’t seek immediate treatment. Even if your symptoms seem minor, get checked out as soon as possible.
Posting on social media about the accident
It might feel natural to share your experience online, but anything you post could be used against you. Photos, comments, or updates that downplay your injury or show you being active may give the wrong impression. Avoid discussing the accident or your condition on social media until your case is closed.
Failing to collect evidence
You need solid proof to support your personal injury claim. If you didn’t take photos, gather witness contact info, or save documents related to your case, it can be harder to prove what happened. Even small details can make a big difference, so collect as much evidence as you can right after the incident.
Ignoring deadlines and paperwork
Missing important deadlines can stop your claim before it starts. Each state has a statute of limitations, and insurance companies also set time limits for filing claims. If you wait too long or fill out forms incorrectly, you might lose the chance to seek compensation.Avoiding these common mistakes gives you a better chance of a smooth and fair personal injury claim. Stay organized, pay attention to details, and think carefully before acting. A strong personal injury claim starts with the right steps from the very beginning.]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[What are the elements of a personal injury claim?]]>https://www.malmlegalblog.com/?p=462832025-06-08T07:43:36Z2025-06-08T07:43:36ZDuty of care and breach
Every personal injury claim starts with the concept of duty of care. This legal duty mandates that people or organizations behave in a manner that prevents harm to others. For instance, drivers must operate vehicles safely to prevent accidents. A breach occurs when someone fails to meet this duty. If a driver speeds recklessly, they breach their duty of care. This breach is a key element in establishing liability.
Causation and damages
After proving a breach of duty, you must establish causation. This means showing a direct link between the breach and your injuries. In a car accident, causation is clear if the reckless driver’s actions directly led to your injuries. Without this link, the claim may not succeed.
Damages represent the compensation you seek for your injuries. These include economic damages, like medical expenses and lost wages, and non-economic damages, such as pain and suffering. A detailed record of all expenses and impacts on your life strengthens your claim.
Filing a personal injury claim
To initiate a personal injury claim in Naperville, you typically start with a formal lawsuit or an informal settlement. A formal lawsuit involves filing a civil complaint against the responsible party. This process can be lengthy but may result in a court judgment. Informal settlements, however, involve negotiation with the at-fault party’s insurance company. Many cases resolve through settlement, avoiding a trial.
Statute of limitations
In Illinois, it's important to act quickly when considering a personal injury claim. The state has a statute of limitations that establishes a deadline for filing your lawsuit. This period typically starts when the injury happens or is discovered. If you miss this deadline, you may lose the opportunity to seek compensation.
Understanding the elements of a personal injury claim is essential for navigating the legal process. Establishing duty of care, breach, causation, and damages are vital steps. Acting within the statute of limitations ensures your right to seek justice. Consult with a personal injury attorney in Naperville to guide you through this complex process and help secure the compensation you deserve.
]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[What are the long-lasting costs of dog bites?]]>https://www.malmlegalblog.com/?p=462822025-04-21T21:49:56Z2025-04-21T21:49:56ZDog bites are a serious matter, not only because of the physical harm they can cause but also the long-term financial impact they may have on those affected. While immediate medical costs are obvious, the hidden and long-lasting costs can accumulate over time. These costs extend beyond medical bills, influencing different aspects of your life.
Medical costs and treatment
The most immediate cost of a dog bite is the medical care needed to treat the wound. This may include emergency room visits, doctor’s appointments, prescriptions, stitches, and possibly surgeries. Depending on the severity, treatment may go on for months or even years. This initial cost is usually covered by health insurance, but if the wound leads to complications, additional treatments such as physical therapy or cosmetic surgery may be needed.
Psychological impact
Dog bites can leave more than just physical scars. Many individuals experience trauma or fear of dogs for years after the incident. This can lead to anxiety, depression, or even post-traumatic stress disorder (PTSD). Therapy or counseling services to address these psychological impacts can be an ongoing expense, as well as the cost of medications to manage these symptoms.
Lost wages and productivity
The aftermath of a dog bite may interfere with your ability to work. Whether it’s due to physical injury or psychological trauma, missing work can result in lost wages. If the bite leads to long-term disability, you might face the challenge of reduced productivity or career changes. Even if you’re able to return to work, the financial strain caused by missed work days can be considerable.
Ongoing medical care
Even after the immediate wound heals, those who have been bitten by a dog often need ongoing care. In some cases, nerve damage, infection, or disfigurement can require follow-up surgeries or treatment. Rehabilitative therapy may also be necessary to regain full function of the affected area. This ongoing care can be costly and may last for years.The long-lasting financial burden of a dog bite can take a toll on your physical, emotional, and financial well-being. While the immediate costs may be covered, the continuing expenses from medical treatment, psychological recovery, and lost wages can add up over time.]]>On Behalf of Law Offices of John J. Malm & Associates<![CDATA[Do most people get bit by dogs they don’t know?]]>https://www.malmlegalblog.com/?p=462812025-02-10T22:03:07Z2025-02-10T22:03:07ZWhen a dog bite happens, many assume it involves a stray or an unfamiliar animal. In reality, most bites come from dogs people know—family pets or dogs belonging to friends. This can create a difficult situation. Parents worry about their child’s injury but also about how taking action might affect relationships with neighbors or friends.
Dog bites often come from familiar dogs
Illinois law holds dog owners responsible for bites, even if the dog has never shown aggression before. Under the Illinois Animal Control Act, an owner is liable if their dog attacks without provocation and the person bitten was lawfully in the area. This applies whether the dog belongs to a stranger or a close friend. Since many bites involve familiar dogs, emotions can complicate the situation. Parents may hesitate to seek help, fearing it could damage friendships or family bonds.
Addressing the injury without harming relationships
The focus should be on the injured child’s well-being. Dog bites can lead to infections, scarring, and even emotional trauma. Medical attention is important, and documenting the injury can help cover medical expenses. Many times, homeowner’s insurance policies cover dog bite claims. This means compensation for medical costs often comes from insurance, not directly from the dog owner. Families can address medical bills without straining relationships.
Why Illinois law protects victims fairly
Illinois laws exist to ensure fair treatment for those injured by dog bites. The law does not assume negligence but ensures accountability. Reporting an incident also helps prevent future bites, protecting both the child and others. Parents can seek compensation for medical costs without pursuing extreme legal measures.
Your child’s well-being comes first
A dog bite is a serious injury, even if the dog is a beloved pet. Seeking proper care and understanding legal protections helps families handle the situation with minimal conflict. Addressing the injury doesn’t mean harming relationships—it means making sure your child gets the care they need.]]>