Is It Worth It to Hire Car Accident Attorney in Canton, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is an upsetting event that causes no small amount of residual stress. The fact remains that any time you are hurt in a car accident caused by someone else, 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 pursue your claim.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, some factors necessitate 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's offer does not come close to covering your damages
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent driver or their insurance company is blaming you for your injuries
- You are dealing with complex legal issues, such as being in a multi-vehicle accident, hit and run accident or were injured by a government vehicle
Resources for Your Canton, 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 negotiating with the insurance company; we have also taken it upon ourselves to offer free education and resources to people injured in car accidents to to help them make the most of their injury claims. Burger Law has written books on all types of personal injury cases including car accidents, 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 Canton, IL Car Accident Claim
When you are facing a legal issue, it is imperative to choose the best law firm to fight for you. Burger Law is a reputed and experienced law firm that has been fiercely fighting for the injured for more than 30 years. Below are some of the reasons why you should choose Burger Law for your legal needs.
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 Canton, 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 their previous victories, 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 remarkable achievement awarded to less 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 made up 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 ABA 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 our attorneys are compassionate and dedicated to helping our clients be made whole again. After having fought for over three decades, our attorneys are willing to take on the tough cases other law firms are not. We are dedicated to helping our clients achieve the best possible outcome, and we work relentlessly to ensure they do. You need to spend your time on healing; allow us to stand up to the insurance company.
Customized Approach
At Burger Law, we know that every client and every case is unique. That is why we treat each claim individually. 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 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 highest-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 Canton, IL immediately at (314) 500-HURT, or keep reading to learn more about car accident claims and how Burger Law can help.
How is Fault Determined in Car Accident in Canton, IL?
Determining liability in a car crash 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 an obligation to keep you safe. Under 625 ILCS 5/11-1003.1, all drivers owe all others on the road "due care."
- Breach of duty — That they neglected their obligation. Did they text while driving 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 got a concussion from hitting your head on the dashboard.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was distracted, or because a manufacturer was negligent and their brakes were not working.
- 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 is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the negligent driver will admit fault, but too often reckless actors try to avoid being held accountable for their actions. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will review the police report and other evidence to assign 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 owe you a recovery, even if that is demonstrably false.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will investigate the case further, 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 compile a settlement demand package to the insurance adjuster.
If the insurance company refuses to be fair, 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 portion of the fault you do not bare.
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.
Meaning, if you are more than 50 percent to blame for the accident, you will not be able to recover any compensation in Canton, IL.
Devastating Injuries in Canton, IL Car Accidents
Serious injuries in car accidents have a significant impact on 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 confusion, to severe, such as loss of consciousness or permanent cognitive impairment.
- 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.
- 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 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 to discuss your case at (314) 500-HURT.