Why Hire a Car Accident Attorney in Elgin, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a shocking event that causes no small amount of residual stress. The fact remains that any time you are injured in a car accident caused by someone else, you deserve compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you may need a good car accident attorney to pursue your claim.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However some factors require legal help. It is vital that you have a car accident attorney to fight for your in the following situations:
- Your injuries are significant
- The insurance company's offer does not come close to fairly compensating 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 or their insurance company is saying you are at fault
- 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 for Your Elgin, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond presenting your case and negotiating with the insurance company; we believe it is also important to provide free education and resources to people injured in car accidents to to help them make the most of 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 Elgin, IL Car Accident Claim
When you are facing a legal issue, 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 more than 30 years. Here are some of the reasons why you should choose Burger Law for your legal needs.
Recognized Leaders in Car Accident Claims
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 will not back down from a fight. In order to gauge the abilities of an injury 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 our peers 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 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. Less than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.
Understanding and Knowledgeable Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we have a client-centered approach. With more than three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are committed to helping our clients achieve the best possible outcome, and we work relentlessly to ensure they do. You need to spend your energy on healing; allow us to fight the insurance company.
Customized 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 the status of your claim.
Dedication 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 Ratings and Victories
Any car accident attorney can say they will fight for you, but proving they are qualified is another matter entirely. We are among 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.
Get a free consultation with an car accident attorney in Elgin, IL immediately at (314) 500-HURT, or read on below to discover more about car accident claims and what Burger Law can do for you.
How Do You Determine Liability in Car Accident in Elgin, IL?
Determining liability in a car accident 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 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 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 negligence caused the crash. Were you rear ended because a driver was tailgating, or because a mechanic was negligent and the other driver has faulty brakes.
- Damages — That you sustained harm because of the injuries. Do you have medical expenses, lost wages and emotional anguish you can make a claim for?
Fault can be determined through a number of factors. In some cases, the other driver will admit that they are to blame, but too often negligent actors deny they did anything wrong. 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 make sure their company's profits stay high by denying and minimizing claims. That means they may deny that it was the other driver's fault, 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 gather more evidence, take depositions of both drivers and eyewitnesses, and hire crash experts to interpret photographs and the damage to both vehicles to show how the accident occurred. Then they will compile a settlement demand package to the insurance adjuster.
If the insurance company remains firm, your claim might require a mediation, where a neutral third party tries to help both parties find common ground. If that fails, 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 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 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.
Meaning, if you share more of the blame than the other party, you will not be able to recover any compensation in Elgin, IL.
Serious Injuries in Elgin, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your daily life and future, leading to long-term physical, emotional and economic consequences. Some injuries we have helped people get compensation for are:
- Traumatic brain injuries (TBI) — This can occur when the the brain twists inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or dizziness, to grave, such as loss of consciousness or lifelong 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 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 require immediate 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 scarring.
At Burger Law, we know how serious injuries can completely turn your life upside down. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us now to discuss your case at (314) 500-HURT.