Do I Need a Car Accident Attorney in DuPage County, IL?
Each car accident is different. For many, a car accident is an upsetting 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 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 factors that call for legal representation. It is important that you have a car accident attorney to fight for your in the following situations:
- You sustained serious injuries in a car accident
- 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
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were hit by a commercial vehicle
Resources to Help With Your DuPage County, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply presenting your case and communicating with the insurance company; we have also taken it upon ourselves to offer free education and resources to people injured in car accidents to to help them make the most of their injury claims. Burger Law has published books on all types of personal injury cases including car accidents, 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 DuPage County, IL Car Accident Claim
When you are injured by someone else's negligence, it is important to choose the best law firm to fight for 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 legal needs.
Premier Attorneys That Deliver
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 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 DuPage County, IL legal community 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 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 honor that is made up 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 Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can cause. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. After having fought for more than 30 years, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are committed to helping our clients recovery both physically and financially, and we work tirelessly to ensure they do. You need to focus on healing; allow us to fight the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. That is why we take a personalized approach to each case. 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 offering the highest standard of legal advocacy. We have high moral standards for the way we pursue compensation and the way we treat our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Reviews 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 almost 500 reviews. You can also look at our client testimonials and case victories.
Get a free consultation with an car accident attorney in DuPage County, IL now at (314) 500-HURT, or keep reading to find out more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in DuPage County, IL?
Assigning liability in a car wreck 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 a responsibility to keep you safe. Under Illinois Law, all motorists owe all others on the road "due care."
- Breach of duty — That they failed in their responsibility. Did they text while driving or drive drunk?
- Cause in fact — That the wreck directly led to your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was speeding, or because a mechanic 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 emotional anguish you can make a claim for?
Fault can be determined through numerous factors. In some cases, the other driver will admit fault, but too often reckless people try to avoid being held accountable for their actions. 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 assign liability. While adjusters are trained to do this, their real job is to pay out as little money as possible. That means they may say they do not owe you a recovery, even if that is demonstrably untrue.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will launch a full investigation into the accident, 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 be fair.
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 blame you do not bare.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the fault for your accident, you will receive $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 will not be able to recover any compensation in DuPage County, IL.
Catastrophic Injuries in DuPage County, IL Car Accidents
Catastrophic injuries in car accidents have a significant impact on your life, causing long-term physical, emotional and financial consequences. Some injuries we have helped people get compensation for are:
- Traumatic brain injuries (TBI) — This can occur when the the brain shakes inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or dizziness, to grave, 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 feeling in the arms, legs or other parts of the body. In the worst case scenario, they can lead paraplegia or quadriplegia.
- Broken bones — 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 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 immediately for a free consultation at (314) 500-HURT.