Articles Posted in Personal Injury

After an accident—whether it’s a car crash, a slip and fall, or another personal injury—the insurance company may contact you with a seemingly routine request: to sign a medical release form. While this might sound harmless or even necessary, many injury victims don’t realize that signing a blanket medical release can severely hurt their case. Before putting pen to paper, it’s crucial to understand what these forms do, what rights you may be giving up, and why speaking to an experienced Illinois personal injury attorney first is almost always in your best interest.

What Is a Medical Release Form?

A medical release form—often titled something like “Authorization to Disclose Health Information”—is a document that gives the insurance company permission to access your medical records. The adjuster might claim they need this information to evaluate your injury claim, which is partly true. However, what they don’t mention is that the standard release forms they provide are usually broad and unrestricted, giving them access to your entire medical history, not just the records related to your injury.

Umbrella coverage, also known as an umbrella insurance policy, provides additional liability protection beyond the limits of standard homeowner’s, auto, or other personal insurance policies. In Illinois, homeowners can purchase umbrella coverage to protect against significant claims and lawsuits that exceed the limits of their primary insurance policies. This is extremely helpful in personal injury cases, where the cost of treatment for severe injuries often exceeds the policy limits of the primary insurance policy. Continue reading

Filing a personal injury lawsuit can feel overwhelming, especially if you’re recovering from an accident and trying to navigate an unfamiliar legal system. Knowing what to expect and understanding the typical timeline of a personal injury case can provide clarity and peace of mind.

At John J. Malm & Associates, we have over 90 years of combined litigation experience and a proven track record of securing millions of dollars for injured clients across Illinois. With offices in Naperville and St. Charles, our award-winning team is dedicated to helping personal injury victims achieve justice. In this blog, we’ll guide you through the key stages of a personal injury claim and offer insights into what you can expect at each step. Continue reading

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

Medical records play a pivotal role in personal injury cases. They serve as concrete evidence that helps attorneys, insurance companies, and courts assess the severity of injuries, establish causation, and determine appropriate compensation for damages. At John J. Malm & Associates, we routinely rely on medical records to evaluate and strengthen our clients’ claims, ensuring they receive the compensation they deserve.

The Importance of Medical Records in Establishing Causation and Liability

Medical records are crucial in proving causation, which is the link between the accident and the injury. For a plaintiff to recover damages, it must be demonstrated that the injury occurred because of the defendant’s actions or negligence. Medical records provide:

When attorneys prepare for trial, their focus is often on presenting compelling direct evidence—eyewitness testimony, physical proof, or documents that clearly show what happened. However, in many cases, circumstantial evidence plays a crucial role in shaping the jury’s perception of the facts. Unfortunately, the Illinois Jury Instruction on circumstantial evidence is often overlooked, even though it can be a game-changing tool in convincing the jury of a client’s case.

What Is Circumstantial Evidence?

Circumstantial evidence refers to facts and inferences that lead a jury to a conclusion indirectly, rather than through direct observation or testimony. For example, if a person was seen entering a building and later leaving with wet clothes, it could be inferred—based on circumstantial evidence—that it rained while they were inside, even if no one directly saw the rain. Continue reading