Do I Need a Car Accident Attorney in Bement, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a shocking event that leaves your head spinning. The fact remains that any time you are hurt in a car accident caused by someone else, you are entitled to compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you will often require the help of 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, there are certain situations that call for legal representation. It is vital that you have a car accident attorney to fight for your in the following situations:
- 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 are unsure of the legal procedures and rights following a car accident
- The other 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 injured by a commercial vehicle
Resources for Your Bement, 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 believe it is also important to offer free materials 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.
Other Resources
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Why Choose Burger Law For Your Bement, IL Car Accident Claim
When you are facing a legal issue, it is imperative to choose the right law firm to fight for you. Burger Law is highly respected and experienced law firm that has been defending the rights of the injured for more than three decades. 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 who has won your type of case before and who you know will not back down from a fight. 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 many awards, honors and accolades Burger Law has received from our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to not more than 5 percent of all attorneys nationwide
- 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 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.
Empathetic and Knowledgeable Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we have a client-centered approach. After having fought for over three decades, 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 tirelessly to ensure that their rights are protected. You need to spend your energy on healing; allow us to take on the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are alike. That is why we treat each claim individually. Our attorneys explain the legal process to you and always keep you up-to-date on how your case is going.
Commitment to Excellence
At Burger Law, we are dedicated to offering the highest standard of legal advocacy. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We pursue every legal avenue to get you the compensation you deserve.
Our Ratings and Victories
Any car accident attorney can say they will fight for you, but proving they are qualified is another matter entirely. We are among the highest-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 Bement, IL now at (314) 500-HURT, or read on below to find out more about pursuing compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Bement, IL?
Assigning fault in a car wreck 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 a responsibility to keep you safe. Under 625 ILCS 5/11-1003.1, all motorists owe all others on the road "due care."
- Breach of duty — That they neglected their responsibility. Did they drive reckless or drive drunk?
- Cause in fact — That the wreck directly led to 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 tailgating, 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 bills, lost wages and emotional distress you can make a claim for?
Liability can be determined through numerous factors. Sometimes, the negligent driver will admit fault, but too often negligent actors try to avoid being held accountable for what they did. After an accident, police officers will evaluate the accident scene and speak to both parties to help make their report. Then, insurance adjusters will review the police report and other evidence to determine blame. While this is part of an adjuster's job, their real job is to make sure their company's profits stay high by denying and minimizing claims. That means they may say they do not owe you a recovery, even if that is patently false.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will launch a full investigation into the accident, take depositions of both drivers and eyewitnesses, and hire crash experts to determine how the accident likely occurred. Then they will compile a settlement demand package to the insurance adjuster.
If the insurance company remains firm, your attorney may recommend mediation, where a neutral third party helps analyze the evidence and determine fault. If that fails, your car accident attorney can file a lawsuit in civil court, present the evidence to a jury and convince them the other driver was at fault.
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 fault 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 can recover $70,000. Keep in mind 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 more than half to blame for the accident, you cannot make a recovery in Bement, IL.
Catastrophic Injuries in Bement, IL Car Accidents
Serious injuries in car accidents have a significant impact on your daily life and future, leading to long-term physical, emotional and economic consequences. Some common examples of serious injuries in car accidents include:
- Traumatic brain injuries (TBI) — This can occur when the the brain twists inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or fatigue, to significant, such as loss of consciousness or lifelong dysfunction.
- 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 cause paraplegia or quadriplegia.
- Broken bones — Fractures 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 bleeding or other injuries to the internal organs, such as the heart, lungs, liver and others, and require prompt medical attention in order not to be fatal.
- 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 be made whole again. Call us immediately to discuss your case at (314) 500-HURT.