What to Expect During a Personal Injury Trial

    Last updated 4 days ago

    If you sustained an injury as a result of someone else’s negligence, you may have a strong legal claim against the at-fault party. This can allow you to seek compensation from insurance companies or private individuals. Oftentimes, the personal injury claim process involves consulting attorneys and settling the case out of court. However, these claims sometimes make it all the way to trial. Here is what to expect during a personal injury trial:

    Jury Selection

    Your personal injury attorney will often tell you that jury members can make or a break a case. As a result, the pre-trial jury selection process is incredibly important. Your lawyer will conduct extensive research and use different strategies when selecting or eliminating jurors. The other side will try to do the same, which can create a tense adversarial procedure focusing on those people who are more likely to sympathize with you.

    Presentation of Evidence

    Once the trial begins, both sides will try to present as much evidence as possible. Your lawyer will attempt to underscore your status as a victim, while the opposition will aim to admit evidence of your lack of credibility. Both sides will bring in medical records, police reports, photos, and any other relevant documents.

    Expert Testimony

    Another common part of a personal injury trial is the testimony of expert witnesses. These often include doctors, mechanics, professors, and law enforcement analysts who can help paint a clear picture of the cause of the injury. Both sides may call their own expert witnesses to support their position, but each side also gets the opportunity to cross-examine the other’s witnesses to try and poke holes in their analysis.

    The personal injury trial process is difficult, but statistically uncommon. Most cases settle out of court, and victims receive the compensation they deserve. If you think you may have a negligence claim against another party, consult a personal injury attorney as soon as possible. Chicago residents can call (312) 983-6193 to reach the personal injury team at Malman Law.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    How Cellphones Are Changing the Auto Accident Landscape

    Last updated 5 days ago

    According to a survey conducted by the Human Factors and Ergonomic Society, cell phone usage is involved in 2,600 accident-related fatalities each year. Moreover, the National Safety Council estimates that 28% of automobile accidents take place because drivers are talking or texting with their cell phones. Even though a cell phone is a great tool to have in emergency situations, it also poses a serious driving distraction that can make U.S. roadways more dangerous to navigate. Here’s a look at how cell phones contribute to auto accidents:

    Diverting driver attention

    If drivers are texting or talking on their phones, they are focusing part of their attention on the person on the other end of that conversation. Instead, they should be paying close attention to other drivers on the road, bicycles, and nearby pedestrians. Texting poses an especially dangerous hazard because the driver often isn’t looking at the road as they read or compose messages.

    Slowing reaction time

    Since cell phone usage became common, a number of court cases have come up in which drivers failed to adhere to stop signs or red lights because they were distracted by their phones. More than 120 studies conducted on cell phones have shown that even drivers who use hands-free devices to talk on their phones are easily distracted and are unable to adequately react to immediate road hazards.

    Comparison with drinking and driving

    In 2006, psychologists at the University of Utah reported the findings of a study revealing that using a cell phone while driving affected a driver’s speed, brake time, and following distance in the same way that operating a vehicle while under the influence of alcohol does. Driving is a dangerous activity that requires one’s full attention and cognitive clarity.

    Malman Law provides personal injury representation for victims of car accidents involving distracted drivers. If you have suffered injuries because of the carelessness of another driver, give us a call at (312) 983-6193. We can fight for your rights and help you obtain the compensation you need to recover.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Nursing Home Abuse: Medication Errors

    Last updated 13 days ago

    When you choose a nursing home for your loved one, you are entrusting this organization to properly care for his or her safety and wellbeing. One of the main responsibilities of the nursing home staff is to provide your loved one with the proper dosage of his or her medications throughout the day.

    Unfortunately, there are a number of personal injury cases in which members of nursing home staffs have given residents the wrong medication or an improper dosage. These mistakes can lead to serious medical complications, including organ failure, blood clotting, and death. Despite the fact that these mistakes are preventable, understaffing and improper training of nursing home staff has made medication errors a growing national concern.

    If your loved one has suffered due to the negligence of a nursing home staff, call Malman Law of Chicago at (312) 983-6193. Our skilled lawyers work hard to ensure that the responsible parties are held accountable.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Workers' Compensation Claim Retaliation Basics

    Last updated 15 days ago

    Workers’ compensation is an agreement between employees and employers in which workers relinquish their right to sue after experiencing a work-related injury. This agreement provides injured workers with timely compensation to help them recover from their painful injuries. Unfortunately, some employers will retaliate against an employee who files a workers’ compensation claim following his or her work-related injury. Read on to learn more about such circumstances:

    Employer retaliation legality

    The Illinois Worker’s Compensation Act makes it illegal for an employer to lay off any worker for filing a worker’s compensation claim. Employers are also not permitted to refuse to rehire or promote a worker in retaliation for his or her claim. If you have received a demotion or unwarranted disciplinary action following the filing of your worker’s compensation claim, you may have grounds to file a “retaliatory discharge” lawsuit against your employer and collect additional compensation for your work related injury.

    Involvement of the insurance agent

    Your company’s insurance provider is unlikely to provide you with complete information on your entitlement benefits following an injury. You may be tempted to accept the initial offer presented simply because the insurance agent presents it as your only compensation option. Without adequate information on your coverage, you may be missing out on benefits such as employer-sponsored medical care, alternative housing, and transportation assistance.

    Options following employer retaliation

    The laws regarding workers’ compensation claims vary from state to state. Therefore, it’s important that you work with an experienced personal injury attorney from Illinois to ensure that you effectively file your retaliatory discharge claim or discover the full extent of your entitlement benefits. Your personal injury attorney can research the entitlement benefits provided by your insurance carrier and can fight for your rights in a court of law.

    If you’ve suffered a work-related injury, don’t hesitate to call the experienced personal injury team at Malman Law of Chicago. We have a department dedicated to handling workers’ compensation claims and helping injured workers get the coverage they need to heal. Learn more by giving us a call at (312) 983-6193.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

    Defective Product Profile: Motor Vehicles

    Last updated 19 days ago

    Product liability claims involve cases in which individuals are injured because of a defective product. In order to successfully prove negligence on the part of the manufacturer or distributor, the plaintiff must show that he or she was using the product for its intended purpose when the injury occurred.

    Some common product liability claims involve cars sold with defective tires. Last year, Toyota agreed to a $1.1 billion dollar settlement in a class action lawsuit because they sold a series of cars with a defective gas pedals. This settlement was one of the largest that the automobile industry has seen.

    To learn more about filing a personal injury claim in Chicago, contact Malman Law at (312) 983-6193. Our attorneys have years of experience helping clients receive their just compensation.

    Disclaimer:

    The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney

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