Why Hire a Car Accident Attorney in Joy, IL?
Each car accident is different. For many, a car accident is a shocking event that leaves your head spinning. Regardless of the specifics, when 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. However, to receive the compensation you are rightfully owed, you may need a good car accident attorney to fight for you.
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 if the following applies to your case:
- Your injuries are significant
- The insurance company's offer does not come close to fairly compensating you
- The other driver is uninsured or underinsured
- You are unsure of the legal procedures and rights following a car accident
- The other driver or their insurance company is saying you are at fault
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a commercial vehicle
Resources for Your Joy, 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. Our team 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
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Why Choose Burger Law For Your Joy, IL Car Accident Claim
When you are facing a legal issue, it is imperative to pick the best law firm to represent you. Burger Law is a well-respected and experienced law firm that has been fiercely fighting for the injured for more than three decades. Below are some of the reasons why you should choose Burger Law for your legal needs.
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 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 the Joy, 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 attorneys in the United States
- 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. Less than 4 percent of all practicing attorneys are certified by an ABA accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can cause. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. With more than 30 years 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 stand up to the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are alike. That is why we take a personalized approach to 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 dedicated to excellence in everything we do. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Results
A car accident attorney can say just about anything, but proving they are qualified is another matter entirely. We are one of 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.
Discuss your case for free with an car accident attorney in Joy, IL immediately at (314) 500-HURT, or keep reading to learn more about car accident claims and how Burger Law can help.
How Do You Determine Liability in Car Accident in Joy, 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 an obligation to keep you from unreasonable harm. Under Illinois Law, all motorists need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- 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 manufacturer was negligent and their brakes were not working.
- Damages — That you sustained harm because of your injuries. Do you have medical expenses, lost wages and emotional anguish you can make a claim for?
Fault can be determined through numerous factors. In some cases, the negligent driver will admit that they are to blame, but too often reckless 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 evaluate the police report and other evidence to assign fault. While this is part of an adjuster's job, their real job is to save their insurance company money. That means they may say they do not owe you a recovery, even if that is demonstrably false.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will investigate the case further, take depositions of both drivers and eyewitnesses, and hire crash experts to determine 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 find common ground. If they will not be fair in negotiations, your car accident attorney can take your claim to trial, 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 bare.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your accident, 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.
That means that if you share more of the blame than the other party, you will not be able to recover any compensation in Joy, IL.
Devastating Injuries in Joy, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your life, leading to long-term physical, emotional 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or dizziness, to significant, such as loss of consciousness or lifelong dysfunction.
- 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 the worst case scenario, they can cause paraplegia or quadriplegia.
- 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 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 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.