Why Hire a Car Accident Attorney in Bensenville, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is an upsetting event that introduces sudden stress. Any time you are hurt in a car accident that was not your fault, you deserve financial compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you may need a good car accident attorney to pursue your claim.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However some factors necessitate legal help. It is essential that you have a car accident attorney on your side if the following applies to your case:
- Your injuries are severe
- 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 other driver disputes liability or fault in the accident
- 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 for Your Bensenville, 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 believe it is also important 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 all types of personal injury cases including car accidents, created a Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Bensenville, IL Car Accident Claim
When you are facing a legal issue, it is crucial to pick the right law firm to fight for you. Burger Law is highly respected and experienced law firm that has been protecting the rights of the injured for over 30 years. Here are some of the reasons why you should choose Burger Law for your claim.
Acclaimed Attorneys Know How to Win
Choosing the right personal injury lawyer for your claim is crucial. You want someone with a history of winning similar cases and who you know will not back down from a fight. In order to have a good understanding of the abilities of a law firm, you need to look at the cases they have won, 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 significant achievement awarded to not more than 5 percent of all lawyers 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 comprised 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 attorneys are certified by an ABA accredited certification board.
Compassionate and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can create. 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 committed to helping our clients recovery both physically and financially, and we work tirelessly to ensure they do. You need to focus on healing; trust in us to stand up to the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we tailor our legal strategies to meet the specific needs of each client. 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 dedicated to excellence in everything we do. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Reviews and Results
A car accident attorney can say just about anything, 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 over 480 reviews. You can also look at our client testimonials and case results.
Discuss your case for free with an car accident attorney in Bensenville, IL immediately at (314) 500-HURT, or keep reading to discover more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Bensenville, IL?
Determining liability in a car crash is the first step toward collecting damages. 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 Illinois Law, all motorists owe all others on the road "due care."
- Breach of duty — That they failed in their obligation. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident directly led to your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their negligence caused the crash. Were you rear ended because a driver was distracted, or because a mechanic 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 pain and suffering you can make a claim for?
Fault can be determined through numerous factors. Sometimes, the other driver will admit that they are to blame, but too often irresponsible drivers try to avoid being held accountable 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 liability. While this is part of an adjuster's job, their real job is to pay out as little money as possible. That means they may say they do not have to compensate you, even if that is demonstrably false.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will acquire more evidence, take depositions of all parties involved, and hire crash experts to determine how the accident likely occurred. Then they will send this information to the insurance adjuster to get them to change their position.
If the insurance company refuses to be fair, your claim might require a mediation, where a neutral third party tries to help both parties find common ground. If they will not be fair in negotiations, your car accident attorney can file a lawsuit in civil court and take your claim to trial.
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 your damages total $100,000 but you share 30 percent of the blame 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 share more of the blame than the other party, you will not be able to recover any compensation in Bensenville, IL.
Devastating Injuries in Bensenville, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your daily life and future, causing long-term physical, emotional and economic consequences. Some injuries we have helped people get compensation for are:
- Traumatic brain injuries (TBI) — This can occur when the the brain moves inside of the skull, causing damage to the brain. 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 feeling in the arms, legs or other parts of the body. In the worst case scenario, they can cause permanent paralysis.
- Broken bones — 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 bleeding or other injuries to the internal organs, such as the heart, lungs, liver and others, and require immediate medical attention in order not to be deadly.
- 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 today for a free consultation at (314) 500-HURT.