Do I Need a Car Accident Attorney in Evanston, IL?
Each car accident is different. For many, a car accident is a shocking event that leaves your head spinning. The fact remains that any time you are injured in a car accident that was not your fault, you are entitled to compensation from the person who caused you harm 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.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However there are certain situations that call for legal representation. It is essential that you have a car accident attorney to fight on your behalf if the following applies to your case:
- Your injuries are severe
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The other driver disputes liability or fault in the accident
- You are dealing with complex legal issues, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources for Your Evanston, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility extends beyond arguing your case and communicating with the insurance company; we believe it is also important to provide free materials and resources to people injured in car accidents to to help them through their injury claims. Burger Law has published books on car accident and personal injury cases, created a Youtube channel and we are always willing to answer questions.
Other Resources
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Why Choose Burger Law For Your Evanston, IL Car Accident Claim
When you are facing a legal issue, it is imperative to pick the best 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 over 30 years. Here are some of the reasons why you should choose Burger Law for your claim.
Award-Winning Attorneys That Deliver
Choosing the right personal injury lawyer for your claim is crucial. 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 take into account 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 remarkable achievement awarded to not more than 5 percent of all lawyers in the country
- 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 comprised 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 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 are willing to take on the tough cases other law firms are not. We are committed to helping our clients achieve the best possible outcome, and we work tirelessly to ensure they do. You need to focus on healing; allow us to take on 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 dedicated to excellence in everything we do. We have high moral standards for the way we handle cases and the way we communicate with our clients. We pursue every legal avenue to get you the compensation you deserve.
Our Ratings 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 among the highest-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 Evanston, IL now at (314) 500-HURT, or read on below to discover more about seeking compensation in a car accident and what Burger Law can do for you.
How Do You Determine Liability in Car Accident in Evanston, IL?
Determining liability in a car accident 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 safe. Under 625 ILCS 5/11-1003.1, all drivers need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- Breach of duty — That they neglected their obligation. Did they drive reckless or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident 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 tailgating, 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 bills, 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 negligent actors deny they did anything wrong. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will review the police report and other evidence to determine blame. While adjusters are trained to do this, their real job is to save their insurance company money. That means they may say they do not have to compensate you, even if that is demonstrably false.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will gather more evidence, take depositions of all parties involved, and hire crash experts to determine how the accident likely occurred. Then they will compile a settlement demand package to the insurance company.
If the insurance company refuses to be fair, your attorney may recommend mediation, where a neutral third party 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 portion of the fault 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 injury, 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 Evanston, IL.
Serious Injuries in Evanston, IL Car Accidents
Serious injuries in car accidents have a significant impact on your life, leading to long-term physical, emotional and financial 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or fatigue, to severe, such as loss of consciousness or permanent dysfunction.
- 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.
- Broken bones — Broken bones can often heal well, but cause months or years of pain and discomfort.
- Internal injuries — These can include damage 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 disfigurement.
At Burger Law, we know how serious injuries can completely upend your life. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us today for a free consultation at (314) 500-HURT.