Is It Worth It to Hire Car Accident Attorney in Brookfield, 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. Any time you are injured in a car accident caused by someone else, you deserve financial 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.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, some factors require legal help. It is crucial that you have a car accident attorney to fight on your behalf if the following applies to your case:
- Your injuries are significant
- The insurance company is not offering a fair settlement
- 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
- You are dealing with complex legal issues, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources for Your Brookfield, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility extends beyond arguing 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 published books on all types of personal injury cases including car accidents, created a Youtube channel and is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Brookfield, IL Car Accident Claim
When you are injured in a car accident, it is crucial to pick the right law firm to represent you. Burger Law is highly 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.
Acclaimed Attorneys That Get Results
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 Brookfield, 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 look at the cases they have won, and their reputation among their clients and peers. The many 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 attorneys in the U.S.
- 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.
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. With over 30 years of experience, 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 faithfully to ensure they do. You need to spend your time on healing; let us take on the insurance company.
Customized Approach
At Burger Law, we know that every client and every case is unique. That is why we take a personalized approach to each case. Our attorneys explain the legal process to you and always keep you up-to-date on the status of your claim.
Dedication to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high moral standards for the way we handle cases and the way we communicate with our clients. 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 will fight for you, but proving they are qualified is another matter entirely. We are among the most- and best-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also check out our client testimonials and case results.
Discuss your case for free with an car accident attorney in Brookfield, IL today at (314) 500-HURT, or keep reading to learn more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Brookfield, 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 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 run a red light or drive drunk?
- Cause in fact — That the wreck 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 looking at their phone, or because a mechanic was negligent and their brakes were not working.
- 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 can be determined through numerous factors. Sometimes, the other driver will admit fault, 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 pay out as little money as possible. 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 complete investigation into the accident, 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 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 an unbiased attorney or judge helps analyze the evidence and determine fault. If that fails, your car accident attorney can take your claim to trial, 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 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 are more than 50 percent to blame for the accident, you cannot make a recovery in Brookfield, IL.
Catastrophic Injuries in Brookfield, IL Car Accidents
Catastrophic injuries in car accidents have a significant impact on your daily life and future, causing long-term physical, emotional and financial 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or dizziness, to significant, 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 sensation in the arms, legs or other parts of the body. In severe cases, they can lead permanent paralysis.
- Fractures — 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 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 turn your life upside down. But, with the help of Burger Law, you can be made whole again. Call us today for a free consultation at (314) 500-HURT.