Do I Need a Car Accident Attorney in Cary, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is an upsetting event that leaves your head spinning. Any time you are hurt in a car accident that was not your fault, you deserve financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you will often 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 some factors necessitate legal help. It is crucial that you have a car accident attorney on your side in the following situations:
- Your injuries are severe
- The insurance company's offer does not come close to covering your damages
- 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
- 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 to Help With Your Cary, 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 communicating with the insurance company; we believe it is also important to provide free education and resources to people injured in car accidents to to help them through their injury claims. Burger Law has written 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 Cary, IL Car Accident Claim
When you are facing a legal issue, it is imperative to choose the right law firm to represent you. Burger Law is a reputed and experienced law firm that has been defending the rights of the injured for over three decades. Here are some of the reasons why you should choose Burger Law for your legal needs.
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 is not afraid to take the case to trial if they have to. In order to gauge the abilities of an injury 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 the Cary, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy 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 ABA accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can create. That is why we strive to build personal relationships with our clients. With over three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted to helping our clients achieve the best possible outcome, and we work tirelessly to ensure that their rights are protected. You need to spend your time on healing; trust in 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.
Dedication to Excellence
At Burger Law, we are devoted to providing the highest standard of legal advocacy. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We pursue every possible avenue to get you the compensation you deserve.
Our Ratings and Victories
Any car accident attorney can say they will fight for you, but having a demonstrated track record of success is another matter entirely. We are one of the most- and best-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 Cary, IL now at (314) 500-HURT, or keep reading to find out more about pursuing compensation in a car accident and how Burger Law can help.
How Do You Determine Liability in Car Accident in Cary, IL?
Assigning fault in a car accident 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 a responsibility to keep you safe. Under 625 ILCS 5/11-1003.1, all motorists owe all others on the road "due care."
- 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 accident directly led to your injury. For example, you were t-boned and broke your arm.
- 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 manufacturer was negligent and their brakes were not working.
- Damages — That you sustained harm because of the injuries. Do you have medical expenses, lost wages and pain and suffering you can make a claim for?
Fault can be determined through a number of factors. Sometimes, the other driver will admit that they are to blame, but too often reckless actors deny they did anything wrong. 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 determine fault. 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.
When that happens, 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 a neutral third party 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 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 fault for your injury, 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.
Meaning, if you share more of the blame than the other party, you cannot make a recovery in Cary, IL.
Catastrophic Injuries in Cary, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your life, leading to long-term physical, mental and economic 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 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 lifelong disability.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of mobility or sensation in the arms, legs or other parts of the body. In severe cases, they can cause 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 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 find justice, recognition and a financial recovery. Call us today for a free consultation at (314) 500-HURT.