Is It Worth It to Hire Car Accident Attorney in Bloomingdale, IL?
Each car accident is different. For many, a car accident is a jarring event that introduces sudden pressure. Regardless of the specifics, when you are hurt in a car accident that was not your fault, you deserve compensation from the responsible person 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 on your side if the following applies to your case:
- 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 disputes liability or fault in the accident
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were hit by a government vehicle
Resources for Your Bloomingdale, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond presenting your case and negotiating with the insurance company; we believe it is also important to provide free materials 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 is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Bloomingdale, IL Car Accident Claim
When you are facing a legal issue, it is essential to pick the right law firm to represent you. Burger Law is a well-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 claim.
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 Bloomingdale, IL legal community and knows how to get results. In order to have a good understanding of the abilities of a law firm, you need to take into account the cases they have won, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to less 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 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 lawyers are certified by an American Bar Association accredited certification board.
Understanding and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional burdens an injury can cause. That is why we have a client-centered approach. 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 achieve the best possible outcome, and we work faithfully to ensure that their rights are protected. You need to spend your energy on healing; trust in us to fight the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. That is why we personalize 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.
Dedication to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high moral 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 Victories
Any car accident attorney can say they know how to handle your case, but proving they are qualified is another matter entirely. We are among the highest-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 Bloomingdale, IL now at (314) 500-HURT, or keep reading to learn more about seeking compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Bloomingdale, IL?
Determining liability in a car accident 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 from unreasonable harm. Under 625 ILCS 5/11-1003.1, 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 run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was tailgating, or because a manufacturer 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 can be determined through a number of factors. In some cases, the other driver will admit that they are to blame, but too often negligent actors deny they did anything wrong. 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 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 patently untrue.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will launch a full investigation into the accident, take depositions of all parties involved, and hire crash experts to determine 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 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, 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 can recover for the percentage of the accident that is not your fault.
Meaning, if your damages total $100,000 but you share 30 percent of the fault for your accident, 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 are over half to blame for the accident, you cannot make a recovery in Bloomingdale, IL.
Devastating Injuries in Bloomingdale, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, 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 twists inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or fatigue, to grave, such as loss of consciousness or permanent dysfunction.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of movement or feeling in the arms, legs or other parts of the body. In the worst case scenario, they can lead paraplegia or quadriplegia.
- Broken bones — Broken bones 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 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 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.