Do I Need a Car Accident Attorney in Hinsdale, IL?
Each car accident is different. For many, a car accident is an upsetting event that causes no small amount of residual stress. Any time you are hurt in a car accident caused by someone else, you are entitled to financial 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.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, there are certain situations that call for legal representation. It is vital that you have a car accident attorney to fight for your in the following situations:
- Your injuries are severe
- The insurance company's offer does not come close to covering your damages
- 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
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a government vehicle
Resources for Your Hinsdale, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply presenting 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 is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Hinsdale, IL Car Accident Claim
When you are facing a legal issue, it is important to choose the best law firm to represent you. Burger Law is a reputed and experienced law firm that has been fiercely fighting for the injured for more than 30 years. Here are some of the reasons why you should choose Burger Law for your legal needs.
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 Hinsdale, 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 the cases they have won, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to less 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 award 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 American Bar Association accredited certification board.
Understanding and Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. 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 have the knowledge and expertise to handle even the most complex legal cases. We are committed to helping our clients achieve the best possible outcome, and we work relentlessly to ensure that their rights are protected. You need to focus on healing; let us fight the insurance company.
Customized Approach
At Burger Law, we know that every client and every case is unique. 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 committed to excellence in everything we do. We have high ethical 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 Results
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 among the most- and best-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also look at our client testimonials and case results.
Discuss your case for free with an car accident attorney in Hinsdale, IL immediately at (314) 500-HURT, or read on below to find out more about seeking compensation in a car accident and how Burger Law can help.
How Do You Determine Liability in Car Accident in Hinsdale, IL?
Determining liability in a car crash is the first step toward collecting damages. Fault comes down to proving the five elements of negligence:
- Duty of care — That the other driver had a responsibility to keep you from unreasonable harm. Under 625 ILCS 5/11-1003.1, all drivers owe all others on the road "due care."
- Breach of duty — That they failed in their responsibility. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident 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 speeding, or because a mechanic was negligent and their brakes were not working.
- Damages — That you sustained harm because of your injuries. Do you have medical bills, lost wages and emotional anguish 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 try to avoid being held accountable for what they did. After an accident, police officers will write a report explaining who they link is liable. Then, insurance adjusters will evaluate the police report and other evidence to determine liability. While this is part of an adjuster's job, their primary goal is to pay out as little money as possible. 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 both drivers and eyewitnesses, 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 attorney may seek mediation, where an unbiased attorney or judge tries to help both parties come to a fair settlement. If they will not be fair in negotiations, your car accident attorney can file a lawsuit in civil court, 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 share.
Meaning, if your damages total $100,000 but 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 Hinsdale, IL.
Devastating Injuries in Hinsdale, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your daily life and future, leading to 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 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 grave, such as loss of consciousness or lifelong dysfunction.
- 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 permanent paralysis.
- Broken bones — 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 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 upend your life. But, with the help of Burger Law, you can be made whole again. Call us today for a free consultation at (314) 500-HURT.