Is It Worth It to Hire Car Accident Attorney in Batavia, IL?
Each car accident is different. For many, a car accident is a shocking event that introduces sudden pressure. Regardless of the specifics, when you are hurt in a car accident that was not your fault, you deserve financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you may need a good car accident attorney to pursue your claim.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, some factors necessitate legal help. It is important that you have a car accident attorney on your side in the following situations:
- You sustained serious injuries in a car accident
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent driver disputes liability or fault in the accident
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a commercial vehicle
Resources to Help With Your Batavia, 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 communicating with the insurance company; we have also taken it upon ourselves to provide free education and resources to people injured in car accidents to to help them through their injury claims. Our team has written 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 Batavia, IL Car Accident Claim
When you are injured by someone else's negligence, it is important to pick the right law firm to fight for you. Burger Law is a well-respected and experienced law firm that has been defending the rights of the injured for more than 30 years. Below are some of the reasons why you should choose Burger Law for your case.
Recognized Leaders in Car Accident Claims
It can be hard to know how to choose the best personal injury lawyer for you. You want someone with a history of winning similar cases and who you know is not afraid to take the case to trial if they have to. In order to have a good understanding of the abilities of a 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 the Batavia, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to not more than 5 percent of all attorneys 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 honor that is made up of the most qualified attorneys 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we strive to build personal relationships with our clients. After having fought for more than 30 years, our attorneys are willing to take on the tough cases other law firms are not. We are committed to helping our clients recovery both physically and financially, and we work tirelessly to ensure that their rights are protected. 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 take a personalized approach to each case. Our attorneys explain the legal process to you and keep in constant contact so you know the status of your claim.
Dedication to Excellence
At Burger Law, we are committed to offering the highest standard of legal advocacy. We have high moral expectations for ourselves and the insurance adjusters we stand up to. We pursue every possible avenue to get you the compensation you deserve.
Our Reviews and Victories
Any car accident attorney can say they will fight for you, but proving they are qualified is another matter entirely. We are one of the most- and best-reviewed law firms, with a 4.9 rating from almost 500 reviews. You can also look at our client testimonials and case results.
Get a free consultation with an car accident attorney in Batavia, IL today at (314) 500-HURT, or keep reading to find out more about car accident claims and how Burger Law can help.
How Do You Determine Fault in Car Accident in Batavia, IL?
Assigning fault in a car accident is the first step toward getting compensation. To do that, you and your car accident attorney must prove the five elements of negligence:
- Duty of care — That the other driver had an obligation to keep you safe. Under Illinois Law, all motorists 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 with excessive speed or drive drunk?
- Cause in fact — That the crash directly led to your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- 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 mechanic was negligent and their brakes were not working.
- Damages — That you sustained harm because of your injuries. Do you have medical expenses, lost wages and emotional distress you can make a claim for?
Fault is determined by a police officer, insurance adjuster, attorney, mediator or jury. Sometimes, the negligent driver will admit that they are to blame, but too often negligent drivers try to avoid taking responsibility for their actions. After an accident, police officers will evaluate the accident scene and speak to both parties to help make their report. Then, insurance adjusters will evaluate the police report and other evidence to determine blame. While adjusters are trained to do this, their primary goal is to save their insurance company money. That means they may say they do not owe you a recovery, even if that is patently untrue.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will obtain more evidence, 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 refuses to be fair, your claim might require a mediation, where an unbiased attorney or judge 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 bare.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the fault for your injury, you will receive $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 are over half to blame for the accident, you will not be able to recover any compensation in Batavia, IL.
Catastrophic Injuries in Batavia, IL Car Accidents
Serious injuries in car accidents have a significant impact on your daily life and future, causing long-term physical, mental and economic 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 fatigue, to significant, such as loss of consciousness or lifelong cognitive impairment.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of mobility or feeling in the arms, legs or other parts of the body. In severe cases, they can cause paraplegia or quadriplegia.
- Fractures — Broken bones can occur in any part of the body in a car accident, leading to severe pain and long-term disability.
- Internal injuries — These can include damage 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 disfigurement.
At Burger Law, we know how serious injuries can completely upend your life. 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.