Do I Need a Car Accident Attorney in Algonquin, IL?
Each car accident is different. For many, a car accident is a jarring event that leaves your head spinning. Regardless of the specifics, when you are hurt in a car accident caused by someone else, you are entitled to financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you may require the help of a good car accident attorney to fight for you.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, some factors require legal help. It is vital that you have a car accident attorney on your side if the following applies to your case:
- You sustained serious injuries in a car accident
- The insurance company's offer does not come close to covering your damages
- The other driver does not have insurance or enough insurance to cover your damages
- You need help with the insurance and legal process
- The negligent driver or their insurance company is blaming you for your injuries
- There are other complications to your case, such as being in a multi-vehicle accident, hit and run accident or were hit by a government vehicle
Resources to Help With Your Algonquin, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply presenting your case and negotiating with the insurance company; we have also taken it upon ourselves to offer free education and resources to people injured in car accidents to to help them through their injury claims. Our team has published books on car accident and personal injury cases, is active on our Youtube channel and we are always willing to answer questions.
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Why Choose Burger Law For Your Algonquin, IL Car Accident Claim
When you are facing a legal issue, it is imperative to choose the right law firm to represent you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for over 30 years. Here are some of the reasons why you should choose Burger Law for your legal needs.
Recognized Leaders in Car Accident Claims
To ensure you get full compensation, you need to put your case in the capable hands of a car accident attorney who has earned the respect of the Algonquin, IL legal community and knows how to get results. In order to gauge the abilities of an injury law firm, you need to take into account their previous victories, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from other attorneys include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to less than 5 percent of all lawyers in the United States
- Million and Multi-Million Dollar Advocate Honor — Members of the Million and Multi-Million Dollar Advocates Forum, an honor only given to 1 percent of attorneys in the United States.
- Top 100 Trial Lawyers Honor — Selected to the Top 100 Trial Lawyers by The National Trial Lawyers, an invitation-only award that is made up of the most qualified lawyers in each state.
- Board Certified By the National Board of Trial Advocacy — Board certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the National Board of Trial Advocacy. Less than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.
Empathetic and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and mental burdens an injury can cause. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. After having fought for more than 30 years, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated to helping our clients recovery both physically and financially, and we work faithfully to ensure they do. You need to focus on healing; allow us to stand up to the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we treat each claim individually. Our attorneys explain the legal process to you and keep in constant contact so you know the status of your claim.
Commitment to Excellence
At Burger Law, we are devoted to offering the highest standard of legal advocacy. We have high ethical standards for the way we handle cases and the way we treat our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings and Victories
A car accident attorney can say just about anything, but proving they are qualified is another matter entirely. We are among the most- and best-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also look at our client testimonials and case results.
Get a free consultation with an car accident attorney in Algonquin, IL immediately at (314) 500-HURT, or read on below to discover more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Algonquin, IL?
Determining fault in a car accident is the first step toward collecting damages. Fault comes down to proving the five elements of negligence:
- Duty of care — That the other driver had a responsibility to keep you from unreasonable harm. Under 625 ILCS 5/11-1003.1, all drivers need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- Breach of duty — That they failed in their responsibility. Did they drive reckless or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was following you too close, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained harm because of the injuries. Do you have medical bills, lost wages and emotional distress you can make a claim for?
Liability is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the other driver will admit fault, but too often reckless people try to avoid being held accountable for what they did. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will evaluate the police report and other evidence to determine fault. While adjusters are trained to do this, their primary goal is to make sure their company's profits stay high by denying and minimizing claims. That means they may deny that it was the other driver's fault, even if that is demonstrably untrue.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will investigate the case further, take depositions of both drivers and eyewitnesses, and hire crash experts to interpret photographs and the damage to both vehicles to show how the accident occurred. Then they will compile a settlement demand letter to the insurance adjuster.
If the insurance company remains firm, your claim might require a mediation, where a neutral third party helps analyze the evidence and determine fault. If they will not be fair in negotiations, your car accident attorney can take your claim to trial and take your claim in front of a judge and jury.
The Illinois Comparative Negligence Rule
In many states, including Illinois, adjusters, lawyers and juries can apply the comparative negligence or comparative fault rule to personal injury claims. In comparative fault, you will be compensated for the portion of the blame you do not share.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your injury, you can recover $70,000. It is important to note that 735 ILCS 5/2-1116 states that:
The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought.
That means that if you share more of the blame than the other party, you cannot make a recovery in Algonquin, IL.
Catastrophic Injuries in Algonquin, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your daily life and future, leading to long-term physical, emotional and financial consequences. Some common examples of serious injuries in car accidents include:
- Traumatic brain injuries (TBI) — This can occur when the head is violently shaken or struck, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or temporarily blurry vision, to severe, such as loss of consciousness or lifelong disability.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of mobility or sensation in the arms, legs or other parts of the body. In the worst case scenario, they can lead permanent paralysis.
- Broken bones — Fractures can often heal well, but cause months or years of pain and discomfort.
- Internal injuries — These can include bleeding or other injuries to the internal organs, such as the heart, lungs, liver and others, and can be life-threatening if not promptly treated.
- Burns — Burns can occur from the ignition of fuel or from contact with hot surfaces, such as a vehicle's engine or exhaust system. They can cause significant pain and scarring.
At Burger Law, we know how serious injuries can completely change your life in an instant. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us immediately for a free consultation at (314) 500-HURT.