Is It Worth It to Hire Car Accident Attorney in Carpentersville, IL?
Each car accident is different. For many, a car accident is an upsetting event that leaves your head spinning. The fact remains that any time you are hurt in a car accident that was not your fault, you are entitled to financial compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you may require the help of 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 some factors necessitate legal help. It is essential that you have a car accident attorney on your side if the following applies to your case:
- You sustained serious injuries in a car accident
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- You are unsure of the legal procedures and rights following a car accident
- The other driver disputes liability or fault in the accident
- There are other complications to your case, such as being in a multi-vehicle accident, hit and run accident or were injured by a commercial vehicle
Resources to Help With Your Carpentersville, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply arguing your case and communicating with the insurance company; we believe it is also important to offer free education and resources to people injured in car accidents to to help them through 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 is always available to answer questions.
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Why Choose Burger Law For Your Carpentersville, IL Car Accident Claim
When you are facing a legal issue, it is imperative to pick the best law firm to represent you. Burger Law is highly respected and experienced law firm that has been defending the rights of the injured for more than three decades. Here are some of the reasons why you should choose Burger Law for your legal needs.
Premier Attorneys That Get Results
It can be hard to know how to choose the best personal injury lawyer for you. You want someone with a history of winning similar cases and who you know will not back down from a fight. In order to gauge the abilities of an injury 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 the Carpentersville, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to less than 5 percent of all attorneys 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. Less than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.
Empathetic and Knowledgeable Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. 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 recovery both physically and financially, and we work relentlessly to ensure they do. You need to focus on healing; trust in us to take on the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are alike. 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 keep in constant contact so you know the status of your claim.
Dedication to Excellence
At Burger Law, we are devoted to excellence in everything we do. We have high ethical standards for the way we handle cases and the way we treat our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings 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 among 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 Carpentersville, IL now at (314) 500-HURT, or keep reading to discover more about car accident claims and how Burger Law can help.
How is Fault Determined in Car Accident in Carpentersville, IL?
Assigning liability in a car wreck is the first step toward collecting damages. Fault comes down to proving 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 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 text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck caused 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 following you too close, or because a mechanic was negligent and the other driver has faulty brakes.
- 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 is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the other driver will admit fault, but too often reckless people try to avoid taking responsibility for what they did. After an accident, police officers will evaluate the accident scene and speak to both parties to help make their report. Then, insurance adjusters will review the police report and other evidence to assign 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 say they do not owe you a recovery, even if that is demonstrably untrue.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will investigate the case further, take depositions of all parties involved, 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 be fair.
If the insurance company refuses to be fair, your claim might require a mediation, where an unbiased attorney or judge tries to help both parties come to a fair settlement. If that fails, your car accident attorney can file a lawsuit in civil court and take your claim in front of a judge and jury.
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 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.
Meaning, if you are over 50 percent to blame for the accident, you cannot make a recovery in Carpentersville, IL.
Serious Injuries in Carpentersville, IL Car Accidents
Serious 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 head is violently shaken or struck, causing damage to the brain. Symptoms can range from mild, such as a headache or confusion, to severe, such as loss of consciousness or lifelong 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 the worst case scenario, they can lead paraplegia or quadriplegia.
- Broken bones — Broken bones 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 damage 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 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.