Do I Need a Car Accident Attorney in Danforth, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is an upsetting event that causes no small amount of residual stress. The fact remains that any time you are hurt in a car accident caused by someone else, you deserve financial compensation from the person who caused you harm and their insurance company. However, to receive the compensation you are rightfully owed, you may 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 there are certain situations that call for legal representation. It is essential that you have a car accident attorney on your side if the following applies to your case:
- Your injuries are significant
- The insurance company's offer does not come close to covering your damages
- 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
- You are dealing with complex legal issues, such as being in a multi-car accident, hit and run accident or were hit by a commercial vehicle
Resources for Your Danforth, 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 materials and resources to people injured in car accidents to to help them through their injury claims. Burger Law has published books on all types of personal injury cases including car accidents, created a Youtube channel and we are always willing to answer questions.
Other Resources
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Why Choose Burger Law For Your Danforth, IL Car Accident Claim
When you are facing a legal issue, it is crucial to pick the best law firm to represent you. Burger Law is a reputed and experienced law firm that has been protecting the rights of the injured for more than 30 years. Below are some of the reasons why you should choose Burger Law for your legal needs.
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 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 Danforth, 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 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 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 attorneys 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 we have a client-centered approach. With more than three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated to helping our clients achieve the best possible outcome, and we work relentlessly to ensure they do. You need to focus on healing; allow us to take on the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we personalize our legal strategies to meet the specific needs of each client. 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 ethical expectations for ourselves and the insurance adjusters we stand up to. 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 proving they are qualified is another matter entirely. We are among the most- and best-reviewed law firms, with a 4.9 rating from almost 500 reviews. You can also look at our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Danforth, IL now at (314) 500-HURT, or read on below to find out more about seeking compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Danforth, IL?
Assigning liability 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 from unreasonable harm. Under Illinois Law, all motorists need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they neglected their responsibility. Did they drive reckless or drive drunk?
- Cause in fact — That the accident directly led to your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their negligence caused the crash. Were you rear ended because a driver was following you too close, 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?
Liability can be determined through numerous factors. In some cases, the other driver will admit that they are to blame, but too often negligent 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 primary goal is to save their insurance company money. That means they may say they do not have to compensate you, even if that is patently false.
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 both drivers and eyewitnesses, and hire crash experts to evaluate how the accident likely occurred. Then they will compile a settlement demand package to the insurance adjuster.
If the insurance company remains firm, your claim might require a mediation, where an unbiased attorney or judge tries to help both parties find common ground. If that fails, your car accident attorney can take your claim to trial 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 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 fault for your injury, 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 more than 50 percent to blame for the accident, you will not be able to recover any compensation in Danforth, IL.
Serious Injuries in Danforth, IL Car Accidents
Serious injuries in car accidents have a significant impact on your life, leading to long-term physical, mental 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 fatigue, to significant, such as loss of consciousness or lifelong 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 severe cases, they can lead paraplegia or quadriplegia.
- Fractures — Fractures 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 immediate medical attention in order not to be deadly.
- 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 be made whole again. Call us today to discuss your case at (314) 500-HURT.