Is It Worth It to Hire Car Accident Attorney in Lincoln, IL?
Everyone who has been injured in a car accident has a unique experience. 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 responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you may need 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 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 does not have insurance or enough insurance to cover your damages
- You need help with the insurance and legal process
- The other driver or their insurance company is saying you are at fault
- You are dealing with complex legal issues, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources to Help With Your Lincoln, 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 believe it is also important 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 all types of personal injury cases including car accidents, created a Youtube channel and we are always willing to answer questions.
Other Resources
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Why Choose Burger Law For Your Lincoln, IL Car Accident Claim
When you are injured by someone else's negligence, it is crucial to choose the best law firm to represent you. Burger Law is a reputed and experienced law firm that has been defending 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 with a history of winning similar cases and who you know is not afraid to take the case to trial if they have to. 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 many awards, honors and accolades Burger Law has received from other attorneys 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 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 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. Fewer 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 the terrible financial, physical and emotional burdens an injury can create. That is why we have a client-centered approach. With more than three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted to helping our clients recovery both physically and financially, and we work tirelessly to ensure that their rights are protected. You need to spend your time on healing; trust in us to fight 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 the status of your claim.
Commitment to Excellence
At Burger Law, we are dedicated to providing the highest standard of legal advocacy. We have high ethical standards for the way we handle cases and the way we treat our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
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 almost 500 reviews. You can also look at our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Lincoln, IL immediately at (314) 500-HURT, or read on below to discover more about car accident claims and how Burger Law can help.
How is Fault Determined in Car Accident in Lincoln, IL?
Assigning fault in a car accident is the first step toward collecting damages. To do that, you and your car accident attorney must prove the five elements of negligence:
- Duty of care — That the other driver had an obligation to keep you from unreasonable harm. 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 drive reckless or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck directly led to 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 mechanic was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of the injuries. Do you have medical expenses, lost wages and pain and suffering you can make a claim for?
Fault is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the negligent driver will admit that they are to blame, but too often reckless drivers 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 this is part of an adjuster's job, 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 patently false.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will launch a complete investigation into the accident, 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 compile a settlement demand letter to the insurance adjuster.
If the insurance company remains firm, your attorney may seek mediation, where an unbiased attorney or judge helps analyze the evidence and determine fault. If they will not be fair in negotiations, your car accident attorney can file a lawsuit in civil court 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 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 injury, 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 share more of the blame than the other party, you will not be able to recover any compensation in Lincoln, IL.
Devastating Injuries in Lincoln, 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 fatigue, to grave, 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 mobility or sensation in the arms, legs or other parts of the body. In the worst case scenario, they can lead permanent paralysis.
- Fractures — Broken bones 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 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 to discuss your case at (314) 500-HURT.