Is It Worth It to Hire Car Accident Attorney in Dekalb County, IL?
Each car accident is different. For many, a car accident is a shocking event that causes no small amount of residual stress. Any time you are injured in a car accident caused by someone else, you are entitled to financial compensation from the responsible person 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.
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 crucial that you have a car accident attorney to fight on your behalf 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 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
- There are other complications to your case, such as being in a multi-car accident, hit and run accident or were injured by a government vehicle
Resources to Help With Your Dekalb County, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply arguing your case and communicating with the insurance company; we believe it is also important to offer free education and resources to people injured in car accidents to to help them through their injury claims. Our team has published books on car accident and personal injury cases, is active on our Youtube channel and we are always willing to answer questions.
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Why Choose Burger Law For Your Dekalb County, IL Car Accident Claim
When you are injured in a car accident, it is crucial to choose the right law firm to represent you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for over three decades. Below are some of the reasons why you should choose Burger Law for your case.
Recognized Leaders in Car Accident Claims
To ensure you get full compensation, you need to put your case in the capable hands of a car accident attorney who has earned the respect of the Dekalb County, IL legal community and knows how to get results. In order to have a good understanding of the abilities of a law firm, you need to take into account the cases they have won, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from our peers 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 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. Fewer than 4 percent of all practicing attorneys are certified by an ABA 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 strive to build personal relationships with our clients. 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 recovery both physically and financially, and we work faithfully to ensure that their rights are protected. You need to spend your time on healing; allow us to fight the insurance company.
Customized 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.
Commitment to Excellence
At Burger Law, we are devoted to excellence in everything we do. We have high moral 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 Reviews and Victories
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 almost 500 reviews. You can also check out our client testimonials and case victories.
Get a free consultation with an car accident attorney in Dekalb County, IL now at (314) 500-HURT, or keep reading to discover more about pursuing compensation in a car accident and how Burger Law can help.
How Do You Determine Fault in Car Accident in Dekalb County, IL?
Assigning liability in a car wreck is the first step toward collecting damages. 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 625 ILCS 5/11-1003.1, all motorists owe all others on the road "due care."
- Breach of duty — That they neglected their obligation. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash directly led to your injury. For example, you were rear ended and that gave you a whiplash injury.
- 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 your injuries. Do you have medical expenses, lost wages and pain and suffering you can make a claim for?
Fault is determined by a police officer, insurance adjuster, attorney, mediator or jury. Sometimes, the other driver will admit fault, but too often irresponsible drivers try to avoid taking responsibility for what they did. After an accident, police officers will write a report explaining who they link is liable. Then, insurance adjusters will evaluate 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 have to compensate you, 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 gather 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 change their position.
If the insurance company refuses to be fair, your attorney may recommend 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, 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 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 can recover $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 Dekalb County, IL.
Catastrophic Injuries in Dekalb County, 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 common examples of serious injuries in car accidents include:
- 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 temporarily blurry vision, to grave, 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 mobility or sensation in the arms, legs or other parts of the body. In severe cases, 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 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 fatal.
- 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 change your life in an instant. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us today for a free consultation at (314) 500-HURT.