Do I Need a Car Accident Attorney in Columbia, IL?
Each car accident is different. For many, a car accident is a shocking event that leaves your head spinning. Regardless of the specifics, when you are injured in a car accident that was not your fault, 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 fight for you.
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 on your behalf if the following applies to your case:
- You sustained serious injuries in a car accident
- The insurance company's offer does not come close to fairly compensating you
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent driver or their insurance company is saying you are at fault
- There are other complications to your case, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources for Your Columbia, 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 provide free materials 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, is active on our Youtube channel and we are always willing to answer questions.
Other Resources
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Why Choose Burger Law For Your Columbia, IL Car Accident Claim
When you are facing a legal issue, it is crucial to pick the right 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 case.
Recognized Leaders in Car Accident Claims
It can be hard to know how to choose the best personal injury lawyer for you. 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 gauge the abilities of an injury law firm, you need to take into account their previous victories, and their reputation among their clients and peers. The numerous 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 not more than 5 percent of all lawyers 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 honor 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 attorneys are certified by an American Bar Association accredited certification board.
Understanding and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can cause. 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 tirelessly to ensure they do. You need to focus on healing; trust in us to stand up to the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are alike. 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 dedicated to offering 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 leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings and Results
A car accident attorney can say just about anything, 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 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 Columbia, IL immediately at (314) 500-HURT, or read on below to learn more about car accident claims and what Burger Law can do for you.
How Do You Determine Fault in Car Accident in Columbia, IL?
Assigning fault in a car accident 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 safe. Under Illinois Law, all motorists need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- Breach of duty — That they failed in their obligation. Did they run a red light or drive drunk?
- Cause in fact — That the crash caused 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 distracted, 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 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 irresponsible people try to avoid taking responsibility for their actions. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will evaluate the police report and other evidence to determine liability. While this is part of an adjuster's job, their primary goal is to pay out as little money as possible. 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 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 evaluate how the accident likely occurred. Then they will compile a settlement demand letter to the insurance company.
If the insurance company refuses to be fair, your claim might require a mediation, where a neutral third party tries to help both parties come to a fair settlement. If they will not be fair in negotiations, your car accident attorney can take your claim to trial 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 a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your accident, you will receive $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.
That means that if you are over 50 percent to blame for the accident, you cannot make a recovery in Columbia, IL.
Catastrophic Injuries in Columbia, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, leading to long-term physical, emotional and economic 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or loss of balance, to severe, such as loss of consciousness or permanent dysfunction.
- 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 permanent paralysis.
- Broken bones — Broken bones can often heal well, but cause months or years of pain and discomfort.
- Internal injuries — These can include bleeding or other injuries 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 now for a free consultation at (314) 500-HURT.