Why Hire a Car Accident Attorney in Elmwood Park, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a shocking event that introduces sudden pressure. Any time you are hurt in a car accident that was not your fault, you are entitled to financial compensation from the person who caused you harm and their insurance company. However, to receive the compensation you are rightfully owed, you may 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 important that you have a car accident attorney on your side in the following situations:
- You sustained serious injuries in a car accident
- The insurance company is lowballing you
- 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 those involving multiple parties, hit and run accident or were injured by a government vehicle
Resources for Your Elmwood Park, 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 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.
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Why Choose Burger Law For Your Elmwood Park, IL Car Accident Claim
When you are injured in a car accident, it is essential to pick the right law firm to represent you. Burger Law is a reputed 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 claim.
Recognized Leaders in Car Accident Claims
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 Elmwood Park, 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 look at their previous victories, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from other attorneys include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to not more than 5 percent of all lawyers 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 comprised 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.
Understanding and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental burdens 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 over three decades, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated to helping our clients achieve the best possible outcome, and we work tirelessly to ensure that their rights are protected. You need to spend your time on healing; let us stand up to the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are alike. That is why we treat each claim individually. 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 committed to offering the highest standard of legal advocacy. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We pursue every possible avenue to get you the compensation you deserve.
Our Ratings and Results
Any car accident attorney can say they will fight for you, 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 over 480 reviews. You can also check out our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Elmwood Park, IL now at (314) 500-HURT, or keep reading to find out more about seeking compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Elmwood Park, IL?
Determining fault in a car crash 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 an obligation to keep you from unreasonable harm. Under 625 ILCS 5/11-1003.1, all drivers owe all others on the road "due care."
- Breach of duty — That they failed in their responsibility. Did they drive reckless or drive drunk?
- Cause in fact — That the crash directly led to 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 distracted, 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 a number of factors. In some cases, the other driver will admit that they are to blame, but too often irresponsible drivers deny they did anything wrong. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will evaluate the police report and other evidence to determine liability. While adjusters are trained to do this, their primary goal 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 untrue.
In those cases, 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 compile a settlement demand letter to the insurance adjuster.
If the insurance company refuses to be fair, your attorney may seek mediation, where a neutral third party tries to help both parties find common ground. If that fails, 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 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.
Meaning, if you share more of the blame than the other party, you cannot make a recovery in Elmwood Park, IL.
Catastrophic Injuries in Elmwood Park, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, leading to 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 head is violently shaken or struck, causing damage to the brain. Symptoms can range from mild, such as a headache or fatigue, to grave, such as loss of consciousness or permanent 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 severe cases, they can cause permanent paralysis.
- Fractures — 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 prompt medical attention in order not to be fatal.
- 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.