Do I Need a Car Accident Attorney in Lincolnwood, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a jarring event that introduces sudden stress. Regardless of the specifics, when you are hurt in a car accident that was not your fault, you deserve compensation from the responsible person and their insurance company. To get the full compensation for your damages, you will often 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 crucial that you have a car accident attorney on your side in the following situations:
- Your injuries are significant
- The insurance company is not offering a fair settlement
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent 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 hit by a government vehicle
Resources for Your Lincolnwood, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply arguing 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. Our team 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 Lincolnwood, IL Car Accident Claim
When you are facing a legal issue, it is important to pick the right law firm to represent you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for more than three decades. Here are some of the reasons why you should choose Burger Law for your claim.
Recognized Leaders in Car Accident Claims
Choosing the right personal injury lawyer for your claim is crucial. 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 gauge the abilities of an injury law firm, you need to look at the cases they have won, and their reputation among their clients and peers. The many 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 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 honor that is made up 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 lawyers are certified by an American Bar Association accredited certification board.
Compassionate and Knowledgeable Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we have a client-centered approach. After having fought for more than three decades, our attorneys are willing to take on the tough cases other law firms are not. We are dedicated to helping our clients achieve the best possible outcome, and we work tirelessly to ensure that their rights are protected. You need to spend your time on healing; allow us to take on the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. 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.
Dedication to Excellence
At Burger Law, we are dedicated to excellence in everything we do. We have high ethical standards for the way we handle cases and the way we treat our clients. We pursue every possible avenue to get you the compensation you deserve.
Our Ratings and Results
A car accident attorney can say just about anything, 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 almost 500 reviews. You can also look at our client testimonials and case results.
Get a free consultation with an car accident attorney in Lincolnwood, IL immediately at (314) 500-HURT, or keep reading to discover more about pursuing compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Lincolnwood, IL?
Determining 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 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 neglected their responsibility. Did they drive reckless or drive drunk?
- Cause in fact — That the wreck directly led to your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- Proximate cause — That their failure 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 the 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 fault, but too often reckless actors try to avoid taking responsibility for their actions. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will evaluate the police report and other evidence to determine blame. While adjusters are trained to do this, their primary goal is to make sure their company's profits stay high by denying and minimizing claims. That means they may say they do not have to compensate you, even if that is demonstrably false.
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 compile a settlement demand package to the insurance company.
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 will be compensated for the portion of the blame you do not share.
Meaning, if a jury awards you $100,000 in damages, but finds that 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 share more of the blame than the other party, you will not be able to recover any compensation in Lincolnwood, IL.
Serious Injuries in Lincolnwood, IL Car Accidents
Serious 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 the brain shakes inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or temporarily blurry vision, to significant, such as loss of consciousness or permanent cognitive impairment.
- 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 lead paraplegia or quadriplegia.
- Broken bones — 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 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 scarring.
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 immediately to discuss your case at (314) 500-HURT.