Do I Need a Car Accident Attorney in Kendall County, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a shocking event that causes no small amount of residual stress. Regardless of the specifics, when you are injured in a car accident caused by someone else, you deserve financial compensation from the responsible person 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.
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 vital that you have a car accident attorney to fight on your behalf if the following applies to your case:
- Your injuries are severe
- The insurance company is lowballing you
- 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
- There are other complications to your case, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources for Your Kendall County, 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 offer free materials and resources to people injured in car accidents to to help them through their injury claims. Burger Law has written 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 Kendall County, IL Car Accident Claim
When you are facing a legal issue, it is essential to pick the best law firm to represent you. Burger Law is a reputed and experienced law firm that has been protecting the rights of the injured for over 30 years. Below are some of the reasons why you should choose Burger Law for your legal needs.
Award-Winning Attorneys That Deliver
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 Kendall County, 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 remarkable 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 award that is comprised 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.
Understanding and Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we strive to build personal relationships with our clients. After having fought for more than three decades, 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 tirelessly to ensure that their rights are protected. You need to focus 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 treat each claim individually. 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 providing 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 Results
Any car accident attorney can say they will fight for you, but having a demonstrated track record of success is another matter entirely. We are among 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 Kendall County, IL now at (314) 500-HURT, or keep reading to learn more about seeking compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Kendall County, 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 Illinois Law, all motorists need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they failed in their obligation. Did they run a red light or drive under the influence of alcohol or drugs?
- 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 the breach of duty caused the crash. Were you rear ended because a driver was following you too close, or because a mechanic was negligent and the other driver has faulty brakes.
- Damages — That you sustained harm because of your injuries. Do you have medical bills, lost wages and pain and suffering 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 that they are to blame, but too often negligent people deny they did anything wrong. 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 assign fault. While adjusters are trained to do this, their real job 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 demonstrably untrue.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will obtain more evidence, 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 remains firm, your attorney may recommend mediation, where a neutral third party helps analyze the evidence and determine fault. If that fails, your car accident attorney can take your claim to trial and take your claim in front of a judge and jury.
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 percentage of the accident that is not your fault.
Meaning, if your damages total $100,000 but you share 30 percent of the blame for your accident, you can recover $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.
Meaning, if you are over half to blame for the accident, you will not be able to recover any compensation in Kendall County, IL.
Catastrophic Injuries in Kendall County, IL Car Accidents
Devastating 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 head is violently shaken or struck, causing damage to the brain. Symptoms can range from mild, such as a headache or confusion, 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 sensation in the arms, legs or other parts of the body. In the worst case scenario, they can lead 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 damage to the internal organs, such as the heart, lungs, liver and others, and require prompt medical attention in order not to be fatal.
- 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 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.