Do I Need a Car Accident Attorney in Harvey, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a jarring event that introduces sudden pressure. Regardless of the specifics, when you are injured in a car accident that was not your fault, you are entitled to financial compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you will often 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 important that you have a car accident attorney to fight on your behalf in the following situations:
- Your injuries are significant
- The insurance company's offer does not come close to covering your damages
- The other driver is uninsured or underinsured
- You are unsure of the legal procedures and rights following a car accident
- The negligent driver disputes liability or fault in the accident
- 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 Harvey, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply presenting your case and communicating 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 written 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 Harvey, IL Car Accident Claim
When you are injured through no fault of your own, it is imperative to pick the best law firm to represent you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for over 30 years. Below are some of the reasons why you should choose Burger Law for your legal needs.
Recognized Leaders in Car Accident Claims
Choosing the right personal injury lawyer for your claim is crucial. You want someone with a history of winning similar cases 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 the cases they have won, and their reputation among their clients and peers. The many 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 not more than 5 percent of all attorneys 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 made up 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 attorneys are certified by an ABA accredited certification board.
Empathetic 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 over three decades, our attorneys are willing to take on the tough cases other law firms are not. We are devoted 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; trust in us to take on the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we personalize our legal strategies to meet the specific needs of each case. 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 offering the highest standard of legal advocacy. We have high moral expectations for ourselves and the insurance adjusters we stand up to. We pursue every possible avenue to get you the compensation you deserve.
Our Reviews 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 almost 500 reviews. You can also look at our client testimonials and case victories.
Get a free consultation with an car accident attorney in Harvey, IL immediately at (314) 500-HURT, or read on below to find out more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Harvey, IL?
Assigning liability in a car wreck is the first step toward getting compensation. Fault 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 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 crash caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their negligence 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 losses because of your injuries. Do you have medical bills, lost wages and emotional distress you can make a claim for?
Liability can be determined through numerous factors. In some cases, the negligent driver will admit that they are to blame, but too often irresponsible actors try to avoid taking responsibility for their actions. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will analyze the police report and other evidence to determine 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 gather more evidence, 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 adjuster.
If the insurance company refuses to be fair, your attorney may seek 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 will be compensated 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 injury, you can recover $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.
That means that if you share more of the blame than the other party, you will not be able to recover any compensation in Harvey, IL.
Serious Injuries in Harvey, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your life, leading to long-term physical, emotional and financial 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or confusion, 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 feeling in the arms, legs or other parts of the body. In severe cases, they can cause paraplegia or quadriplegia.
- Fractures — Fractures 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 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 upend your life. 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.