John J. Malm & Associates Secures $400,000 Settlement For Victims Of Serious Car Accident

John J. Malm & Associates is proud to share a recent victory that demonstrates our relentless advocacy on behalf of injured clients. Attorneys Marilynn Frangella and John J. Malm successfully secured a combined settlement of $400,000 for two individuals who were seriously injured in a car accident involving a negligent left-turning motorist. This case was particularly complex due to a delayed diagnosis of our client’s brain bleed. Due to the accident, a subdural hematoma developed on the left frontoparietal region of the client’s brain, requiring specialized medical treatment and legal investigation to establish its connection to the accident.

“Having access to top medical experts to tell the story is only part of the equation—the best car accident attorneys know how to bring those resources together to tell the full story of a client’s injury.  That’s a big part of what we do.  Linking a delayed-onset brain injury to a traumatic event like a car crash takes experience, persistence, and a thorough understanding of both medicine and the law. It’s our job to make that connection clear.” – Illinois car accident attorney John J. Malm

The Accident: Left-Turning Driver Causes Catastrophic Injuries

Our clients were traveling straight through an intersection when another driver, attempting a left turn, failed to yield to the right-of-way and collided directly with their vehicle. The impact was significant, resulting in immediate and long-term injuries to both occupants of the vehicle.

Left-turn accidents are unfortunately common and are often the result of drivers misjudging the speed or distance of oncoming vehicles. In this case, clear evidence established that the turning driver was at fault. However, proving the full extent of our clients’ injuries—particularly a delayed-onset brain bleed—required in-depth investigation and expert support.

Client One: Undiagnosed Brain Bleed Later Linked to Accident

One of the passengers, a middle-aged individual in otherwise good health, began experiencing persistent headaches, memory issues, and cognitive difficulties about six weeks after the crash. Concern arose when the client began exhibiting unusual behavior that was noticed by family members. This prompted further medical evaluations, which revealed a subarachnoid hemorrhage accompanied by a large left frontoparietal hematoma (2.8 x 10 cm) with a fluid hematocrit suggesting an acute on chronic bleed. The injury caused a global mass effect on the left cerebral hemisphere and resulted in a midline shift of 11 mm—a life-threatening condition that required emergency surgical intervention.

The client underwent an emergency craniectomy to relieve the pressure on the brain. This delay in diagnosis presented a unique challenge: we needed to prove that the brain injury was a direct result of the accident, despite the absence of immediate imaging or medical documentation connecting the two.

To overcome this obstacle, our firm retained a highly qualified neurologist to review the client’s medical history, imaging scans, and symptom timeline. The expert provided a detailed report establishing a medical nexus between the trauma of the car accident and the delayed manifestation of the subarachnoid hemorrhage and hematoma. This professional opinion was instrumental in persuading the insurance company of the legitimacy and severity of the injury.

According to the Mayo Clinic, symptoms of a brain bleed like a subarachnoid hemorrhage may not be apparent immediately following trauma. There may be a period of time without symptoms after a head injury, known as the “lucid interval.” Over time, pressure on the brain increases, producing symptoms such as worsening headaches, vomiting, drowsiness, and confusion. This delayed onset can make diagnosis challenging, especially if initial imaging tests like CT scans do not reveal bleeding.

The effects of the brain bleed on our client’s daily life were profound. Beyond the physical symptoms, the client faced emotional distress, reduced cognitive functioning, and difficulty returning to work. We ensured these non-economic damages were thoroughly documented and presented during negotiations.

Client Two: Ankle Fracture Requiring Surgical Intervention

The second client, also a passenger in the vehicle, suffered a fractured ankle in the collision. The fracture was severe enough to require surgical repair involving internal fixation—plates, screws, and a significant recovery period.

Ankle injuries can have long-term impacts on mobility, employment, and quality of life. In this case, the client endured months of physical therapy, temporary disability from work, and ongoing discomfort. Our legal team meticulously documented every aspect of the injury, from initial emergency care through surgical recovery and rehabilitation.

We also worked closely with orthopedic specialists to outline the potential long-term effects, including the risk of arthritis and limited range of motion, which bolstered the value of the claim.

Our Strategic Legal Approach and Settlement Negotiation

This case underscores the importance of comprehensive case development and expert collaboration. From the outset, our attorneys anticipated resistance from the insurance companies—particularly concerning the brain injury with delayed diagnosis.

Our strategy involved:

• Timely Retention of Medical Experts: Including a board-certified neurologist and an orthopedic surgeon to support both clients’ claims.
• Detailed Medical Chronologies: Prepared by our staff to illustrate the progression of symptoms and treatment timelines.
• Life Impact Statements: Personal accounts from both clients, outlining how the accident changed their daily lives, mental health, and earning potential.
• Aggressive Negotiation Tactics: Including a clear readiness to take the case to trial if a fair settlement wasn’t reached.

As a result of this multifaceted approach, we were able to resolve both claims without the need for protracted litigation, saving our clients time, stress, and additional expenses.

Outcome: $400,000 Combined Settlement

Our efforts culminated in a combined $400,000 settlement—a significant recovery that reflected both the short-term and ongoing challenges our clients faced. The settlement covered:

• Medical expenses (past and projected future costs)
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation and mobility support

This result reflects our unwavering commitment to securing justice for those harmed by negligence.

Why This Case Matters

Many injury victims assume that if a serious condition like a brain bleed isn’t diagnosed immediately, it can’t be connected to an accident. This case proves otherwise. With the right legal team and medical experts, even complex, delayed-onset injuries like a subarachnoid hemorrhage and frontoparietal hematoma can be validated and compensated.

Moreover, it highlights the often-overlooked impact of orthopedic injuries like ankle fractures. These injuries can have lifelong consequences, and we ensure every aspect is valued appropriately in settlement negotiations.

Your Advocates in Complex Injury Claims

At John J. Malm & Associates, our top-rated Naperville car accident lawyers have extensive experience handling challenging personal injury cases involving serious and delayed-diagnosis injuries. We understand the intricacies of medical-legal connections and know how to bring in the right experts to support your claim.

If you or a loved one has suffered injuries in a car accident—especially those involving neurological damage or orthopedic trauma—don’t wait to seek legal advice. Delays can impact the outcome of your case. We offer free consultations and work on a contingency fee basis, meaning you pay nothing unless we win for you.

Why Choose John J. Malm & Associates for Your Car Accident Case?

At John J. Malm & Associates, our team of six award-winning attorneys brings over 90 years of combined experience to personal injury law in Naperville and St. Charles. We are known for our strategic legal approach, compassionate client service, and proven results in complex car accident injury cases.

Contact Us Today

Ready to discuss your case? Contact John J. Malm & Associates today to speak with a dedicated personal injury attorney for a free consultation. Let us help you get the justice and compensation you deserve.

Call us at 844-MALMLAW or fill out our online contact form to schedule your free consultation.