Why Hire a Car Accident Attorney in Herscher, IL?
Each car accident is different. For many, a car accident is a shocking event that introduces sudden stress. The fact remains that any time you are injured in a car accident caused by someone else, you are entitled to compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you will often 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 some factors necessitate legal help. It is important that you have a car accident attorney on your side in the following situations:
- Your injuries are significant
- The insurance company's offer does not come close to fairly compensating you
- The other driver does not have insurance or enough insurance to cover your damages
- You are unsure of the legal procedures and rights following a car accident
- The other driver disputes liability or fault in the accident
- You are dealing with complex legal issues, such as being in a multi-vehicle accident, hit and run accident or were hit by a government vehicle
Resources for Your Herscher, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond presenting your case and communicating with the insurance company; we believe it is also important 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 is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Herscher, IL Car Accident Claim
When you are injured through no fault of your own, it is imperative 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 over 30 years. Below are some of the reasons why you should choose Burger Law for your legal needs.
Acclaimed Attorneys That Get Results
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 Herscher, 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 numerous awards, honors and accolades Burger Law has received from the Herscher, IL legal community 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 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 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. Less than 4 percent of all practicing attorneys 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 create. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. With over three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are committed to helping our clients recovery both physically and financially, and we work relentlessly to ensure that their rights are protected. You need to spend your time 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 customize our legal strategies to meet the specific needs of each case. Our attorneys explain the legal process to you and always keep you up-to-date on how your case is going.
Commitment to Excellence
At Burger Law, we are devoted to excellence in everything we do. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Reviews and Victories
Any car accident attorney can say they know how to handle your case, but having a demonstrated track record of success is another matter entirely. We are one of the most- and best-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 Herscher, IL immediately at (314) 500-HURT, or read on below to learn more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Herscher, IL?
Determining fault 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 a responsibility to keep you safe. Under Illinois Law, all motorists owe all others on the road "due care."
- Breach of duty — That they neglected their responsibility. Did they run a red light or drive drunk?
- Cause in fact — That the accident 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 looking at their phone, or because a mechanic was negligent and their brakes were not working.
- Damages — That you sustained losses because of your injuries. Do you have medical expenses, lost wages and emotional distress you can make a claim for?
Liability can be determined through a number of factors. Sometimes, the negligent driver will admit that they are to blame, but too often negligent people try to avoid taking responsibility for their actions. 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 determine fault. While adjusters are trained to do this, their real job is to make sure their company's profits stay high by denying and minimizing claims. That means they may deny that it was the other driver's fault, even if that is patently untrue.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. 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 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 a neutral third party tries to help both parties come to a fair settlement. If they will not be fair in negotiations, 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 a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame 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.
Meaning, if you are more than 50 percent to blame for the accident, you cannot make a recovery in Herscher, IL.
Catastrophic Injuries in Herscher, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your life, leading to long-term physical, mental and economic consequences. Some injuries we have helped people get compensation for are:
- 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 significant, 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 movement or feeling in the arms, legs or other parts of the body. In severe cases, they can lead 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 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 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 be made whole again. Call us today for a free consultation at (314) 500-HURT.