Do I Need a Car Accident Attorney in Des Plaines, 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 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 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 crucial that you have a car accident attorney to fight for your in the following situations:
- Your injuries are significant
- The insurance company is lowballing you
- The other driver does not have insurance or enough insurance to cover your damages
- You need help with the insurance and legal process
- The other driver or their insurance company is blaming you for your injuries
- 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 Des Plaines, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility extends beyond presenting your case and communicating 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 published books on all types of personal injury cases including car accidents, created a Youtube channel and is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Des Plaines, IL Car Accident Claim
When you are injured by someone else's negligence, it is imperative to pick the right law firm to fight for you. Burger Law is a well-respected and experienced law firm that has been protecting the rights of the injured for more than 30 years. Here are some of the reasons why you should choose Burger Law for your case.
Premier Attorneys That Deliver
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 Des Plaines, 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 numerous awards, honors and accolades Burger Law has received from the Des Plaines, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable 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 honor that is made up of the most qualified attorneys 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 ABA accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and mental burdens an injury can cause. That is why we strive to build personal relationships with our clients. With over 30 years of experience, our attorneys are willing to take on the tough cases other law firms are not. We are committed to helping our clients achieve the best possible outcome, and we work relentlessly to ensure that their rights are protected. You need to focus on healing; let us take on the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. 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 dedicated to excellence in everything we do. 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
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 among the most- and best-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 Des Plaines, IL immediately at (314) 500-HURT, or keep reading to discover more about seeking compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Des Plaines, IL?
Assigning liability in a car wreck is the first step toward getting compensation. Liability 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 owe all others on the road "due care."
- Breach of duty — That they neglected their obligation. Did they run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck 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 speeding, or because a mechanic was negligent and the other driver has faulty brakes.
- Damages — That you sustained harm because of your injuries. Do you have medical bills, lost wages and emotional anguish you can make a claim for?
Liability can be determined through a number of factors. 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 review the police report and other evidence to determine blame. 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 deny that it was the other driver's fault, even if that is patently untrue.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will launch a complete investigation into the accident, take depositions of all parties involved, and hire crash experts to determine how the accident likely occurred. Then they will send this information to the insurance adjuster to get them to be fair.
If the insurance company remains firm, 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 file a lawsuit in civil court, 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 can recover for the percentage of the accident that is not your fault.
Meaning, if your damages total $100,000 but you share 30 percent of the blame 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 share more of the blame than the other party, you will not be able to recover any compensation in Des Plaines, IL.
Devastating Injuries in Des Plaines, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, causing long-term physical, emotional and economic consequences. Some common examples of serious injuries in car accidents include:
- Traumatic brain injuries (TBI) — This can occur when the the brain shakes inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or temporarily blurry vision, to grave, such as loss of consciousness or lifelong disability.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of mobility or feeling in the arms, legs or other parts of the body. In severe cases, they can lead permanent paralysis.
- Fractures — 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 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 change your life in an instant. 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.