Is It Worth It to Hire Car Accident Attorney in Carol Stream, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is an upsetting 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 will often require the help of 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 there are certain factors 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 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 negligent driver disputes liability or fault in the accident
- 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 to Help With Your Carol Stream, 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 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 through their injury claims. Our team has published books on all types of personal injury cases including car accidents, is active on our Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Carol Stream, IL Car Accident Claim
When you are facing a legal issue, it is essential to pick the best 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 case.
Recognized Leaders in Car Accident Claims
Choosing the right personal injury lawyer for your claim is crucial. You want someone who has won your type of case before 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 the Carol Stream, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to not more than 5 percent of all lawyers in the country
- 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. Less than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.
Empathetic and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional 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 over 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 focus on healing; allow us to take on the insurance company.
Personalized 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.
Commitment 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 Reviews and Victories
Any car accident attorney can say they know how to handle your case, 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 almost 500 reviews. You can also check out our client testimonials and case results.
Get a free consultation with an car accident attorney in Carol Stream, IL today 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 Carol Stream, IL?
Assigning liability in a car crash is the first step toward collecting damages. Liability comes down to proving 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 neglected their responsibility. Did they drive with excessive speed or drive under the influence of alcohol or drugs?
- 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 speeding, 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 anguish 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 analyze the police report and other evidence to determine fault. While this is part of an adjuster's job, their primary goal is to save their insurance company money. That means they may say they do not have to compensate you, even if that is demonstrably untrue.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will launch a full investigation into the accident, take depositions of both drivers and eyewitnesses, and hire crash experts to evaluate how the accident likely occurred. Then they will send this information to the insurance adjuster to get them to be fair.
If the insurance company remains firm, your claim might require a mediation, where an unbiased attorney or judge tries to help both parties find common ground. If that fails, 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 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 accident, you will receive $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 Carol Stream, IL.
Catastrophic Injuries in Carol Stream, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your daily life and future, leading to long-term physical, mental 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 temporarily blurry vision, to grave, such as loss of consciousness or permanent disability.
- 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 the worst case scenario, they can lead paraplegia or quadriplegia.
- Fractures — Fractures 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 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 disfigurement.
At Burger Law, we know how serious injuries can completely turn your life upside down. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us immediately to discuss your case at (314) 500-HURT.