Why Hire a Car Accident Attorney in Berwyn, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is an upsetting event that introduces sudden pressure. The fact remains that any time you are hurt in a car accident caused by someone else, you deserve compensation from the person who caused you harm and their insurance company. However, to receive the compensation you are rightfully owed, you may need a good car accident attorney to fight for you.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However there are certain situations that call for legal representation. It is essential that you have a car accident attorney to fight for your in the following situations:
- Your injuries are severe
- The insurance company is not offering a fair settlement
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The other driver or their insurance company is saying you are at fault
- There are other complications to your case, such as being in a multi-car accident, hit and run accident or were hit by a government vehicle
Resources for Your Berwyn, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply presenting your case and communicating 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 make the most of their injury claims. Our team has written books on all types of personal injury cases including car accidents, 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 Berwyn, IL Car Accident Claim
When you are facing a legal issue, it is imperative 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 over three decades. Here are some of the reasons why you should choose Burger Law for your case.
Premier Attorneys That Deliver
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 Berwyn, IL legal community and knows how to get results. In order to gauge the abilities of an injury 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 the Berwyn, IL legal community 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 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. Fewer than 4 percent of all practicing attorneys are certified by an American Bar Association accredited certification board.
Empathetic and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental burdens 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 three decades, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted to helping our clients recovery both physically and financially, and we work faithfully to ensure that their rights are protected. You need to spend your time on healing; trust in us to fight the insurance company.
Customized Approach
At Burger Law, we know that every client and every case is unique. That is why we customize our legal strategies to meet the specific needs of each case. Our attorneys explain the legal process to you and always keep you up-to-date on how your case is going.
Dedication to Excellence
At Burger Law, we are dedicated to providing the highest standard of legal advocacy. 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 Ratings and Victories
A car accident attorney can say just about anything, but having a demonstrated track record of success 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 victories.
Get a free consultation with an car accident attorney in Berwyn, IL today at (314) 500-HURT, or read on below to discover more about car accident claims and what Burger Law can do for you.
How Do You Determine Liability in Car Accident in Berwyn, IL?
Determining fault 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 an obligation to keep you from unreasonable harm. Under 625 ILCS 5/11-1003.1, all drivers need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they failed in their obligation. Did they run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash directly led to your injury. For example, you were rear ended and that gave you a whiplash injury.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was tailgating, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of your injuries. Do you have medical bills, 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 reckless people deny they did anything wrong. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will analyze the police report and other evidence to determine fault. 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 deny that it was the other driver's fault, even if that is demonstrably false.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will gather more evidence, take depositions of all parties involved, and hire crash experts to evaluate how the accident likely occurred. Then they will compile a settlement demand letter to the insurance adjuster.
If the insurance company remains firm, your attorney may seek 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 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 percentage of the accident that is not your fault.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your accident, 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.
Meaning, if you are over half to blame for the accident, you cannot make a recovery in Berwyn, IL.
Devastating Injuries in Berwyn, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your daily life and future, causing long-term physical, mental 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 loss of balance, to grave, 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 the worst case scenario, they can cause paraplegia or quadriplegia.
- 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 disfigurement.
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 to discuss your case at (314) 500-HURT.