Do I Need a Car Accident Attorney in Decatur, IL?
Each car accident is different. For many, a car accident is a shocking event that introduces sudden pressure. Any time you are injured in a car accident that was not your fault, you are entitled to financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you may 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, there are certain factors that call for legal representation. It is important that you have a car accident attorney to fight on your behalf in the following situations:
- You sustained serious injuries in a car accident
- The insurance company is lowballing you
- 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 negligent driver disputes liability or fault in the accident
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a government vehicle
Resources to Help With Your Decatur, 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 negotiating with the insurance company; we have also taken it upon ourselves 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 car accident and personal injury cases, 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 Decatur, IL Car Accident Claim
When you are injured through no fault of your own, it is imperative to choose the right law firm to fight for you. Burger Law is highly respected and experienced law firm that has been defending the rights of the injured for over 30 years. Below are some of the reasons why you should choose Burger Law for your claim.
Premier Attorneys That Get Results
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 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 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 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 Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. With more than three decades of experience, our attorneys are willing to take on the tough cases other law firms are not. We are dedicated to helping our clients recovery both physically and financially, and we work faithfully to ensure they do. You need to focus on healing; allow us to stand up to the insurance company.
Personalized 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 always keep you up-to-date on how your case is going.
Commitment 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 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 having a demonstrated track record of success is another matter entirely. We are one of the highest-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 Decatur, IL now at (314) 500-HURT, or keep reading to discover more about seeking compensation in a car accident and what Burger Law can do for you.
How Do You Determine Liability in Car Accident in Decatur, IL?
Assigning liability in a car crash 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 an obligation to keep you safe. Under 625 ILCS 5/11-1003.1, all motorists 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 wreck 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 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 bills, lost wages and pain and suffering you can make a claim for?
Fault can be determined through a number of factors. In some cases, the negligent driver will admit fault, but too often irresponsible drivers 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 assign liability. While this is part of an adjuster's job, their primary goal is to make sure their company's profits stay high by denying and minimizing claims. That means they may say they do not owe you a recovery, even if that is demonstrably false.
In those cases, 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 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 adjuster.
If the insurance company refuses to be fair, your attorney may recommend 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 can recover 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 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.
That means that if you share more of the blame than the other party, you cannot make a recovery in Decatur, IL.
Serious Injuries in Decatur, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, 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 head is violently shaken or struck, 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 lifelong dysfunction.
- 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 cause 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 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 disfigurement.
At Burger Law, we know how serious injuries can completely change your life in an instant. But, with the help of Burger Law, you can be made whole again. Call us immediately to discuss your case at (314) 500-HURT.