Do I Need a Car Accident Attorney in Champaign, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is an upsetting event that introduces sudden stress. Any time you are injured in a car accident that was not your fault, you are entitled to compensation from the person who caused you harm and their insurance company. However, to receive the compensation you are rightfully owed, you will often 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 important that you have a car accident attorney to fight for your if the following applies to your case:
- Your injuries are significant
- The insurance company is not offering a fair settlement
- The other driver is uninsured or underinsured
- You are unsure of the legal procedures and rights following a car accident
- The other 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 hit by a government vehicle
Resources to Help With Your Champaign, 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 communicating 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. 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 Champaign, IL Car Accident Claim
When you are facing a legal issue, it is crucial to pick the best law firm to fight for you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for more than 30 years. Here are some of the reasons why you should choose Burger Law for your claim.
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 Champaign, 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 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 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 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. Less than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.
Understanding and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental hardships an injury can cause. 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 committed to helping our clients recovery both physically and financially, and we work faithfully to ensure they do. You need to focus on healing; trust in 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 take a personalized approach to 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 providing the highest standard of legal advocacy. We have high ethical standards for the way we pursue compensation and the way we treat our clients. We pursue every legal avenue to get you the compensation you deserve.
Our Ratings and Results
A car accident attorney can say just about anything, 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 look at our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Champaign, IL immediately at (314) 500-HURT, or read on below to find out more about car accident claims and how Burger Law can help.
How is Fault Determined in Car Accident in Champaign, IL?
Assigning fault in a car wreck is the first step toward getting compensation. Fault comes down to proving the five elements of negligence:
- Duty of care — That the other driver had a responsibility to keep you from unreasonable harm. Under Illinois Law, all drivers owe all others on the road "due care."
- Breach of duty — That they failed in their responsibility. Did they drive with excessive speed or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was tailgating, or because a mechanic was negligent and their brakes were not working.
- Damages — That you sustained losses because of the injuries. Do you have medical expenses, lost wages and emotional distress you can make a claim for?
Fault can be determined through numerous factors. Sometimes, the negligent driver will admit that they are to blame, but too often negligent people 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 assign liability. While this is part of an adjuster's job, their primary goal is to save their insurance company money. That means they may deny that it was the other driver's fault, even if that is patently false.
When that happens, 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 determine how the accident likely 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 attorney may seek 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 portion of the fault you do not share.
Meaning, if your damages total $100,000 but you share 30 percent of the fault 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 cannot make a recovery in Champaign, IL.
Serious Injuries in Champaign, IL Car Accidents
Catastrophic injuries in car accidents have a significant impact on your daily life and future, leading to long-term physical, emotional and economic consequences. Some common examples of serious injuries in car accidents include:
- Traumatic brain injuries (TBI) — This can occur when the the brain shakes inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or confusion, to significant, 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 mobility 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 bleeding or other injuries to the internal organs, such as the heart, lungs, liver and others, and require prompt 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 upend your life. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us now to discuss your case at (314) 500-HURT.