Do I Need a Car Accident Attorney in Macoupin County, IL?
Each car accident is different. For many, a car accident is a shocking event that causes no small amount of residual stress. Regardless of the specifics, when you are hurt in a car accident caused by someone else, you are entitled to financial compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you will often 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 there are certain factors that call for legal representation. It is crucial that you have a car accident attorney on your side if the following applies to your case:
- Your injuries are significant
- 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 other driver or their insurance company is saying you are at fault
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were injured by a government vehicle
Resources for Your Macoupin County, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply presenting your case and communicating with the insurance company; we have also taken it upon ourselves to offer free education and resources to people injured in car accidents to to help them make the most of their injury claims. Our team has published books on all types of personal injury cases including car accidents, is active on our Youtube channel and we are always willing to answer questions.
Other Resources
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Why Choose Burger Law For Your Macoupin County, IL Car Accident Claim
When you are injured through no fault of your own, it is imperative to choose the best law firm to fight for you. Burger Law is a reputed and experienced law firm that has been defending the rights of the injured for over 30 years. Below are some of the reasons why you should choose Burger Law for your claim.
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 Macoupin 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 look at their previous victories, 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 significant 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 honor that is made up 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. Less than 4 percent of all practicing attorneys are certified by an American Bar Association accredited certification board.
Empathetic 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 over 30 years, 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 faithfully to ensure that their rights are protected. You need to spend your energy on healing; allow us to take on the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we take a personalized approach to each case. Our attorneys explain the legal process to you and always keep you up-to-date on the status of your claim.
Dedication to Excellence
At Burger Law, we are devoted 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 leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings and Victories
Any car accident attorney can say they will fight for you, but proving they are qualified is another matter entirely. We are one of the most- and best-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also check out our client testimonials and case results.
Get a free consultation with an car accident attorney in Macoupin County, IL today at (314) 500-HURT, or keep reading to discover more about seeking compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Macoupin County, IL?
Determining liability in a car crash 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 an obligation to keep you safe. Under Illinois Law, all drivers need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- Breach of duty — That they neglected their responsibility. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash directly led to your injury. For example, you were rear ended and that gave you a whiplash injury.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was looking at their phone, 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 expenses, 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. In some cases, the negligent driver will admit fault, but too often negligent drivers deny they did anything wrong. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will analyze the police report and other evidence to assign liability. While adjusters are trained to do this, their primary goal is to pay out as little money as possible. That means they may say they do not have to compensate you, even if that is patently untrue.
When that happens, 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 interpret photographs and the damage to both vehicles to show how the accident 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 claim might require a mediation, where an unbiased attorney or judge tries to help both parties find common ground. If that fails, your car accident attorney can file a lawsuit in civil court 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 fault for your accident, you can recover $70,000. Keep in mind 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 are over 50 percent to blame for the accident, you cannot make a recovery in Macoupin County, IL.
Serious Injuries in Macoupin County, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your life, leading to long-term physical, mental and economic consequences. Some injuries we have helped people get compensation for are:
- Traumatic brain injuries (TBI) — This can occur when the the brain twists inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or confusion, to grave, such as loss of consciousness or permanent disability.
- 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.
- Broken bones — 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 bleeding or other injuries to the internal organs, such as the heart, lungs, liver and others, and require prompt 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 turn your life upside down. But, with the help of Burger Law, you can be made whole again. Call us immediately to discuss your case at (314) 500-HURT.