Do I Need a Car Accident Attorney in Machesney Park, IL?
Each car accident is different. For many, a car accident is an upsetting event that introduces sudden pressure. The fact remains that any time you are injured 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 may require the help of a good car accident attorney to pursue your claim.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, some factors require legal help. It is essential 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 or their insurance company is blaming you for your injuries
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were injured by a commercial vehicle
Resources to Help With Your Machesney Park, 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 education and resources to people injured in car accidents to to help them make the most of their injury claims. Burger Law has published books on car accident and personal injury cases, is active on our Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Machesney Park, IL Car Accident Claim
When you are facing a legal issue, it is important to choose the right law firm to fight for you. Burger Law is a well-respected 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 legal needs.
Recognized Leaders in Car Accident Claims
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 Machesney Park, IL legal community and knows how to get results. 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 our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to not more than 5 percent of all lawyers 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 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 attorneys 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 create. That is why we have a client-centered approach. After having fought for more than 30 years, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted 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; trust in us to fight the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we treat each claim individually. Our attorneys explain the legal process to you and keep in constant contact so you know the status of your claim.
Dedication to Excellence
At Burger Law, we are committed to offering 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 Ratings 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 results.
Get a free consultation with an car accident attorney in Machesney Park, IL immediately at (314) 500-HURT, or keep reading to learn more about pursuing compensation in a car accident and how Burger Law can help.
How Do You Determine Fault in Car Accident in Machesney Park, IL?
Determining liability in a car wreck is the first step toward getting compensation. Liability comes down to proving the five elements of negligence:
- Duty of care — That the other driver had an obligation to keep you safe. Under Illinois Law, all drivers 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 wreck caused 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 tailgating, or because a mechanic was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of your injuries. Do you have medical bills, lost wages and emotional distress you can make a claim for?
Fault is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the other driver will admit that they are to blame, but too often negligent drivers 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 evaluate the police report and other evidence to assign blame. While adjusters are trained to do this, 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.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will investigate the case further, take depositions of both drivers and eyewitnesses, and hire crash experts to evaluate 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 attorney may recommend mediation, where an unbiased attorney or judge tries to help both parties come to a fair settlement. If that fails, your car accident attorney can take your claim to trial 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 portion of the fault you do not bare.
Meaning, if your damages total $100,000 but you share 30 percent of the fault for your accident, you will receive $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 will not be able to recover any compensation in Machesney Park, IL.
Serious Injuries in Machesney Park, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, causing long-term physical, emotional and financial consequences. Some common examples of serious injuries in car accidents include:
- 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 confusion, to severe, such as loss of consciousness or lifelong disability.
- 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 permanent paralysis.
- 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 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 upend your life. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us now to discuss your case at (314) 500-HURT.