Why Hire a Car Accident Attorney in Danville, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a jarring event that leaves your head spinning. Any time you are injured in a car accident caused by someone else, 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, there are certain situations that call for legal representation. It is vital 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 covering your damages
- The other driver does not have insurance or enough insurance to cover your damages
- 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 being in a multi-car accident, hit and run accident or were hit by a government vehicle
Resources to Help With Your Danville, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply presenting your case and negotiating with the insurance company; we have also taken it upon ourselves to provide free education 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 Danville, IL Car Accident Claim
When you are facing a legal issue, it is important to choose the right law firm to represent you. Burger Law is a reputed 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
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 will not back down from a fight. In order to have a good understanding of the abilities of a law firm, you need to look at the cases they have won, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from the Danville, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to less than 5 percent of all attorneys in the United States
- 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 burdens an injury can cause. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. With more than 30 years of experience, our attorneys are willing to take on the tough cases other law firms are not. We are devoted to helping our clients achieve the best possible outcome, and we work faithfully to ensure that their rights are protected. You need to focus on healing; trust in us to stand up to the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we tailor our legal strategies to meet the specific needs of 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 offering the highest standard of legal advocacy. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Victories
A car accident attorney can say just about anything, but proving they are qualified is another matter entirely. We are among the highest-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also look at our client testimonials and case results.
Get a free consultation with an car accident attorney in Danville, IL today at (314) 500-HURT, or read on below to find out more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Danville, IL?
Assigning fault in a car wreck is the first step toward collecting damages. Liability comes down to proving 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 drivers owe all others on the road "due care."
- Breach of duty — That they failed in their obligation. Did they drive with excessive speed or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident directly led to your injury. For example, you were rear ended and that gave you a whiplash injury.
- 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 mechanic 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 emotional anguish you can make a claim for?
Liability is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the negligent driver will admit that they are to blame, but too often irresponsible 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 review the police report and other evidence to determine blame. While adjusters are trained to do this, their primary goal 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 demonstrably untrue.
In those cases, 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 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 change their position.
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 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 portion of the fault you do not bare.
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.
Meaning, if you share more of the blame than the other party, you cannot make a recovery in Danville, IL.
Catastrophic Injuries in Danville, IL Car Accidents
Serious injuries in car accidents have a significant impact on your daily life and future, 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or dizziness, to severe, such as loss of consciousness or lifelong disability.
- 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 the worst case scenario, they can lead permanent paralysis.
- Broken bones — 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 upend your life. But, with the help of Burger Law, you can be made whole again. Call us today for a free consultation at (314) 500-HURT.