Do I Need a Car Accident Attorney in Gladstone, IL?
Each car accident is different. For many, a car accident is a jarring event that introduces sudden stress. Regardless of the specifics, when you are hurt in a car accident that was not your fault, you deserve compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you may require the help of 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 there are certain situations that call for legal representation. It is important that you have a car accident attorney on your side 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 negligent driver or their insurance company is blaming you for your injuries
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were injured by a commercial vehicle
Resources for Your Gladstone, 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 offer free materials and resources to people injured in car accidents to to help them make the most of their injury claims. Burger Law has written books on car accident and personal injury cases, is active on our Youtube channel and we are always willing to answer questions.
Other Resources
View More FAQs
Why Choose Burger Law For Your Gladstone, IL Car Accident Claim
When you are facing a legal issue, it is important 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. Below are some of the reasons why you should choose Burger Law for your case.
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 Gladstone, 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 their previous victories, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from the Gladstone, 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 attorneys 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.
Empathetic and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can create. 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 dedicated to helping our clients recovery both physically and financially, and we work faithfully to ensure they do. You need to spend your time on healing; allow us to stand up to the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are the same. 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.
Dedication 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 leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings and Victories
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 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 Gladstone, IL now at (314) 500-HURT, or read on below to learn more about car accident claims and what Burger Law can do for you.
How Do You Determine Liability in Car Accident in Gladstone, IL?
Assigning liability in a car crash 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 an obligation to keep you safe. Under Illinois Law, all motorists need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they failed in their obligation. Did they text while driving or drive drunk?
- Cause in fact — That the wreck caused 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 the other driver has faulty brakes.
- Damages — That you sustained losses because of the injuries. Do you have medical expenses, lost wages and emotional anguish you can make a claim for?
Liability can be determined through a number of factors. In some cases, the other driver will admit fault, but too often negligent people try to avoid taking responsibility for what they did. 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 assign liability. While adjusters are trained to do this, 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 patently false.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will obtain more evidence, take depositions of all parties involved, 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 refuses to be fair, your attorney may recommend mediation, where a neutral third party helps analyze the evidence and determine fault. If that fails, your car accident attorney can file a lawsuit in civil court and take your claim to trial.
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 a jury awards you $100,000 in damages, but finds that you share 30 percent of the fault for your accident, you can recover $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 Gladstone, IL.
Devastating Injuries in Gladstone, IL Car Accidents
Serious injuries in car accidents have a significant impact on your daily life and future, causing long-term physical, mental and financial consequences. Some common examples of serious injuries in car accidents include:
- 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 temporarily blurry vision, to significant, 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 paraplegia or quadriplegia.
- Broken bones — 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 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 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 upend your life. But, with the help of Burger Law, you can be made whole again. Call us immediately for a free consultation at (314) 500-HURT.