Do I Need a Car Accident Attorney in Lombard, 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 are entitled to financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you will often require the help of a good car accident attorney to fight for you.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However there are certain factors that call for legal representation. It is important that you have a car accident attorney to fight on your behalf in the following situations:
- Your injuries are significant
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent driver disputes liability or fault in the accident
- 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 Lombard, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond presenting your case and negotiating 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. Our team has published 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 Lombard, IL Car Accident Claim
When you are facing a legal issue, it is crucial to pick the right law firm to fight for you. Burger Law is a reputed and experienced law firm that has been fiercely fighting for the injured for over three decades. Here are some of the reasons why you should choose Burger Law for your case.
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 take into account 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 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. Fewer than 4 percent of all practicing lawyers are certified by an American Bar Association 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 we have a client-centered approach. With over 30 years of experience, our attorneys are willing to take on the tough cases other law firms are not. We are dedicated to helping our clients recovery both physically and financially, and we work relentlessly to ensure that their rights are protected. You need to spend your energy on healing; trust in us to take on the insurance company.
Customized 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 the status of your claim.
Commitment to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high moral 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 one of the highest-reviewed law firms, with a 4.9 rating from almost 500 reviews. You can also check out our client testimonials and case victories.
Get a free consultation with an car accident attorney in Lombard, IL today at (314) 500-HURT, or keep reading to find out more about pursuing compensation in a car accident and what Burger Law can do for you.
How Do You Determine Liability in Car Accident in Lombard, IL?
Assigning liability in a car crash is the first step toward collecting damages. Liability 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 625 ILCS 5/11-1003.1, all drivers owe all others on the road "due care."
- Breach of duty — That they neglected 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 mechanic was negligent and their brakes were not working.
- Damages — That you sustained losses because of the 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 other driver will admit that they are to blame, but too often reckless people deny they did anything wrong. After an accident, police officers will evaluate the accident scene and speak to both parties to help make their report. Then, insurance adjusters will analyze the police report and other evidence to assign liability. While adjusters are trained to do this, their real job is to make sure their company's profits stay high by denying and minimizing claims. That means they may deny that it was the other driver's fault, even if that is patently untrue.
In those cases, 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 all parties involved, and hire crash experts to determine how the accident likely 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 a neutral third party helps analyze the evidence and determine fault. If that fails, 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 fault 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.
That means that if you share more of the blame than the other party, you cannot make a recovery in Lombard, IL.
Catastrophic Injuries in Lombard, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, causing 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 the brain shakes inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or fatigue, 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 severe cases, they can lead paraplegia or quadriplegia.
- Fractures — 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 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 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 now for a free consultation at (314) 500-HURT.