Do I Need a Car Accident Attorney in East St. Louis, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is an upsetting event that leaves your head spinning. The fact remains that any time you are hurt in a car accident that was not your fault, you are entitled to financial compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you will often require the help of 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, some factors necessitate legal help. It is important that you have a car accident attorney to fight on your behalf in the following situations:
- Your injuries are severe
- The insurance company's offer does not come close to covering your damages
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent driver disputes liability or fault in the accident
- There are other complications to your case, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources for Your East St. Louis, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond arguing your case and communicating 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. 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.
Other Resources
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Why Choose Burger Law For Your East St. Louis, IL Car Accident Claim
When you are injured through no fault of your own, it is essential to pick the right law firm to represent you. Burger Law is a well-respected and experienced law firm that has been defending the rights of the injured for more than three decades. Here are some of the reasons why you should choose Burger Law for your case.
Acclaimed Attorneys Know How to Win
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 East St. Louis, 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 East St. Louis, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to not more than 5 percent of all attorneys 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 award 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 lawyers 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 create. That is why we strive to build personal relationships with our clients. 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 faithfully to ensure that their rights are protected. You need to focus on healing; trust in us to take on the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. That is why we customize 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.
Dedication to Excellence
At Burger Law, we are dedicated to excellence in everything we do. We have high ethical 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
A car accident attorney can say just about anything, but having a demonstrated track record of success is another matter entirely. We are one of 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 results.
Get a free consultation with an car accident attorney in East St. Louis, IL today at (314) 500-HURT, or keep reading to find out more about pursuing compensation in a car accident and what Burger Law can do for you.
How Do You Determine Fault in Car Accident in East St. Louis, IL?
Determining liability in a car accident 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 from unreasonable harm. Under Illinois Law, 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 crash caused 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 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 pain and suffering you can make a claim for?
Liability is determined by a police officer, insurance adjuster, attorney, mediator or jury. Sometimes, the negligent driver will admit fault, but too often irresponsible drivers 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 this is part of an adjuster's job, their real job is to save their insurance company money. That means they may deny that it was the other driver's fault, even if that is demonstrably false.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will acquire more evidence, take depositions of both drivers and eyewitnesses, and hire crash experts to evaluate 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 seek 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 portion of the fault you do not share.
Meaning, if your damages total $100,000 but 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 are over 50 percent to blame for the accident, you will not be able to recover any compensation in East St. Louis, IL.
Catastrophic Injuries in East St. Louis, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your daily life and future, 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 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 lifelong dysfunction.
- 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 the worst case scenario, they can cause 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 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 immediately to discuss your case at (314) 500-HURT.