Do I Need a Car Accident Attorney in Chatham, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a jarring event that causes no small amount of residual stress. Regardless of the specifics, when you are injured in a car accident caused by someone else, you deserve financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you will often 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 there are certain factors that call for legal representation. It is essential that you have a car accident attorney to fight on your behalf if the following applies to your case:
- You sustained serious injuries in a car accident
- 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 negligent driver or their insurance company is saying you are at fault
- You are dealing with complex legal issues, such as being in a multi-vehicle accident, hit and run accident or were injured by a commercial vehicle
Resources to Help With Your Chatham, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond arguing your case and communicating with the insurance company; we believe it is also important to offer free materials 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, created a Youtube channel and is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Chatham, IL Car Accident Claim
When you are injured through no fault of your own, it is crucial to pick the best law firm to represent you. Burger Law is a well-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 legal needs.
Recognized Leaders in Car Accident Claims
Choosing the right personal injury lawyer for your claim is crucial. You want someone with a history of winning similar cases 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 their previous victories, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from the Chatham, 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 lawyers in the U.S.
- 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 honor 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.
Compassionate and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental hardships an injury can cause. That is why we have a client-centered approach. After having fought for over 30 years, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted to helping our clients recovery both physically and financially, and we work faithfully to ensure they do. You need to spend your time on healing; trust in us to take on 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.
Dedication to Excellence
At Burger Law, we are dedicated to excellence in everything we do. We have high moral standards for the way we pursue compensation and the way we communicate with our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings and Results
Any car accident attorney can say they know how to handle your case, but proving they are qualified is another matter entirely. We are one of the most- and best-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also check out our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Chatham, IL today at (314) 500-HURT, or keep reading to find out more about pursuing compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Chatham, IL?
Determining fault in a car wreck 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 from unreasonable harm. Under Illinois Law, all drivers need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they failed in their obligation. Did they run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash caused your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- Proximate cause — That their negligence caused the crash. Were you rear ended because a driver was following you too close, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of the injuries. Do you have medical bills, lost wages and pain and suffering you can make a claim for?
Liability is determined by a police officer, insurance adjuster, attorney, mediator or jury. Sometimes, the negligent driver will admit that they are to blame, 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 assign fault. While adjusters are trained to do this, their primary goal is to make sure their company's profits stay high by denying and minimizing claims. 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 obtain more evidence, 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 helps analyze the evidence and determine fault. If they will not be fair in negotiations, your car accident attorney can take your claim to trial, 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 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 more than 50 percent to blame for the accident, you cannot make a recovery in Chatham, IL.
Serious Injuries in Chatham, 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 shakes inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or fatigue, 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 paraplegia or quadriplegia.
- Fractures — Fractures can often heal well, but cause months or years of pain and discomfort.
- 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 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 now to discuss your case at (314) 500-HURT.