Why Hire a Car Accident Attorney in Herrin, IL?
Each car accident is different. For many, a car accident is a jarring event that introduces sudden pressure. The fact remains that any time you are hurt in a car accident caused by someone else, you are entitled to compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you will often require the help of 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 factors that call for legal representation. It is crucial that you have a car accident attorney to fight for your if the following applies to your case:
- You sustained serious injuries in a car accident
- The insurance company is lowballing you
- The other driver does not have insurance or enough insurance to cover your damages
- You need help with the insurance and legal process
- The negligent driver or their insurance company is blaming you for your injuries
- There are other complications to your case, such as being in a multi-vehicle accident, hit and run accident or were hit by a government vehicle
Resources to Help With Your Herrin, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply arguing your case and negotiating with the insurance company; we have also taken it upon ourselves to provide free education and resources to people injured in car accidents to to help them make the most of 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.
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Why Choose Burger Law For Your Herrin, IL Car Accident Claim
When you are facing a legal issue, it is important to choose the right law firm to fight for you. Burger Law is a well-respected and experienced law firm that has been protecting the rights of the injured for over three decades. Below are some of the reasons why you should choose Burger Law for your claim.
Recognized Leaders in Car Accident Claims
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 gauge the abilities of an injury 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 Herrin, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to less 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 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 that being injured through another's negligence is stressful and overwhelming. That is why we have a client-centered approach. With over three decades of experience, 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 focus on healing; allow us to take on the insurance company.
Personalized 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 always keep you up-to-date on the status of your claim.
Commitment to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high moral standards for the way we pursue compensation and the way we communicate with our clients. We pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Results
Any car accident attorney can say they will fight for you, but proving they are qualified is another matter entirely. We are one of 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 Herrin, IL immediately at (314) 500-HURT, or keep reading to discover more about pursuing compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Herrin, IL?
Assigning 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 a responsibility 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 failed in their responsibility. Did they text while driving or drive drunk?
- Cause in fact — That the wreck caused your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- Proximate cause — That their negligence caused the crash. Were you rear ended because a driver was tailgating, or because a mechanic was negligent and their brakes were not working.
- Damages — That you sustained harm because of the injuries. Do you have medical expenses, lost wages and pain and suffering you can make a claim for?
Fault can be determined through a number of factors. Sometimes, the other driver will admit that they are to blame, but too often irresponsible people try to avoid taking responsibility for what they did. After an accident, police officers will write a report explaining who they link is liable. Then, insurance adjusters will review the police report and other evidence to determine blame. 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.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will acquire more evidence, take depositions of both drivers and eyewitnesses, and hire crash experts to evaluate how the accident likely occurred. Then they will send this information to the insurance adjuster to get them to change their position.
If the insurance company refuses to be fair, your claim might require a mediation, where an unbiased attorney or judge tries to help both parties come to a fair settlement. If that fails, your car accident attorney can take your claim to trial 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 percentage of the accident that is not your fault.
Meaning, if your damages total $100,000 but you share 30 percent of the fault for your accident, 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.
That means that if you are over 50 percent to blame for the accident, you will not be able to recover any compensation in Herrin, IL.
Devastating Injuries in Herrin, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your life, causing 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or temporarily blurry vision, to grave, 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 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 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 scarring.
At Burger Law, we know how serious injuries can completely turn your life upside down. But, with the help of Burger Law, you can be made whole again. Call us today for a free consultation at (314) 500-HURT.