Is It Worth It to Hire Car Accident Attorney in McHenry County, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a shocking event that leaves your head spinning. Any time you are injured in a car accident that was not your fault, you are entitled to compensation from the person who caused you harm and their insurance company. However, to receive the compensation you are rightfully owed, you may 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 vital that you have a car accident attorney to fight on your behalf if the following applies to your case:
- Your injuries are severe
- The insurance company's offer does not come close to fairly compensating you
- The other driver does not have insurance or enough insurance to cover your damages
- 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 injured by a commercial vehicle
Resources to Help With Your McHenry County, 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 believe it is also important to provide free education and resources to people injured in car accidents to to help them through their injury claims. Burger Law has published books on all types of personal injury cases including car accidents, is active on our Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your McHenry County, IL Car Accident Claim
When you are injured through no fault of your own, it is essential to pick 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 more than 30 years. Here are some of the reasons why you should choose Burger Law for your legal needs.
Premier Attorneys That Deliver
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 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 less than 5 percent of all attorneys in the U.S.
- 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.
Empathetic and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and emotional burdens an injury can cause. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. With over three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are committed 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 time on healing; let us take on the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are alike. That is why we take a personalized approach to each case. Our attorneys explain the legal process to you and keep in constant contact so you know the status of your claim.
Commitment to Excellence
At Burger Law, we are committed to providing the highest standard of legal advocacy. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We pursue every possible avenue to get you the compensation you deserve.
Our Reviews and Results
A car accident attorney can say just about anything, 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 look at our client testimonials and case victories.
Get a free consultation with an car accident attorney in McHenry County, IL now at (314) 500-HURT, or read on below to learn more about pursuing compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in McHenry County, IL?
Determining liability in a car wreck 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 safe. 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 obligation. Did they drive with excessive speed or drive drunk?
- Cause in fact — That the accident 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 distracted, 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 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 irresponsible actors deny they did anything wrong. After an accident, police officers will write a report explaining who they link is liable. Then, insurance adjusters will review the police report and other evidence to assign blame. 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 demonstrably false.
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 full 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 package to the insurance company.
If the insurance company refuses to be fair, your claim might require a 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 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 will be compensated for the percentage of the accident that is not your fault.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your accident, you will receive $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 more than half to blame for the accident, you cannot make a recovery in McHenry County, IL.
Devastating Injuries in McHenry County, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your daily life and future, 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 damage to the brain. Symptoms can range from mild, such as a headache or dizziness, 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 sensation in the arms, legs or other parts of the body. In severe cases, they can cause 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 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 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.