Do I Need a Car Accident Attorney in Elk Grove Village, 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 caused by someone else, you deserve compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you may require the help of 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, some factors require legal help. It is crucial 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 is not offering a fair settlement
- 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 saying you are at fault
- You are dealing with complex legal issues, such as being in a multi-vehicle accident, hit and run accident or were injured by a commercial vehicle
Resources for Your Elk Grove Village, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply presenting your case and negotiating 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 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 is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Elk Grove Village, IL Car Accident Claim
When you are injured by someone else's negligence, it is important to pick the best law firm to represent you. Burger Law is a well-respected and experienced law firm that has been fiercely fighting for the injured for more than three decades. Here are some of the reasons why you should choose Burger Law for your case.
Premier Attorneys Know How to Win
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 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 the Elk Grove Village, 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 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 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 attorneys are certified by an American Bar Association accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional burdens an injury can create. That is why we have a client-centered approach. After having fought for more than 30 years, our attorneys are willing to take on the tough cases other law firms are not. We are devoted to helping our clients recovery both physically and financially, and we work tirelessly to ensure they do. You need to focus on healing; let us 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.
Dedication 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 pursue every legal avenue to get you the compensation you deserve.
Our Ratings and Victories
A car accident attorney can say just about anything, 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 results.
Discuss your case for free with an car accident attorney in Elk Grove Village, IL today at (314) 500-HURT, or keep reading to find out more about car accident claims and what Burger Law can do for you.
How Do You Determine Fault in Car Accident in Elk Grove Village, 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 an obligation to keep you from unreasonable harm. Under 625 ILCS 5/11-1003.1, all motorists need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they failed in their responsibility. Did they drive with excessive speed or drive drunk?
- 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 the breach of duty 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 harm because of the injuries. Do you have medical expenses, lost wages and emotional distress 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 that they are to blame, but too often reckless people 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 evaluate the police report and other evidence to assign liability. While adjusters are trained to do this, their primary goal is to save their insurance company money. That means they may say they do not owe you a recovery, even if that is demonstrably false.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will investigate the case further, take depositions of both drivers and eyewitnesses, and hire crash experts to determine how the accident likely occurred. Then they will compile a settlement demand letter to the insurance company.
If the insurance company remains firm, 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, 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.
Meaning, if you share more of the blame than the other party, you will not be able to recover any compensation in Elk Grove Village, IL.
Catastrophic Injuries in Elk Grove Village, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your life, causing long-term physical, mental and economic 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 damage to the brain. Symptoms can range from mild, such as a headache or confusion, to significant, such as loss of consciousness or permanent disability.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of movement or sensation 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 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 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.