Do I Need a Car Accident Attorney in McLean County, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a jarring event that introduces sudden pressure. Any time you are injured in a car accident caused by someone else, you deserve financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you may need 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, there are certain factors that call for legal representation. It is vital that you have a car accident attorney to fight for your in the following situations:
- You sustained serious injuries in a car accident
- The insurance company's offer does not come close to covering your damages
- The other driver does not have insurance or enough insurance to cover your damages
- You are unsure of the legal procedures and rights following a car accident
- The other driver or their insurance company is blaming you for your injuries
- There are other complications to your case, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources for Your McLean 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 communicating 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 make the most of their injury claims. Burger Law has written 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 McLean County, IL Car Accident Claim
When you are facing a legal issue, it is imperative to pick the right law firm to represent you. Burger Law is a reputed and experienced law firm that has been protecting the rights of the injured for over 30 years. Below are some of the reasons why you should choose Burger Law for your case.
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 McLean County, IL legal community and knows how to get results. In order to gauge the abilities of an injury 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 remarkable achievement awarded to not more 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 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 our attorneys are compassionate and dedicated to helping our clients be made whole again. With more than three decades of experience, our attorneys are willing to take on the tough cases other law firms are not. We are devoted to helping our clients achieve the best possible outcome, and we work faithfully to ensure that their rights are protected. You need to focus on healing; allow us to take on the insurance company.
Personalized 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 dedicated to offering the highest standard of legal advocacy. We have high moral standards for the way we pursue compensation and the way we treat our clients. We pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Victories
A car accident attorney can say just about anything, but proving they are qualified is another matter entirely. We are among the highest-reviewed law firms, with a 4.9 rating from almost 500 reviews. You can also check out our client testimonials and case results.
Get a free consultation with an car accident attorney in McLean County, IL today at (314) 500-HURT, or keep reading to discover more about car accident claims and how Burger Law can help.
How Do You Determine Liability in Car Accident in McLean County, IL?
Assigning fault in a car wreck is the first step toward collecting damages. Fault 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 Illinois Law, all motorists need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they neglected 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 got a concussion from hitting your head on the dashboard.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was tailgating, or because a manufacturer was negligent and the other driver has faulty brakes.
- 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?
Fault can be determined through a number of factors. Sometimes, the other driver will admit that they are to blame, but too often irresponsible people try to avoid being held accountable for their actions. After an accident, police officers will write a report explaining who they link is liable. Then, insurance adjusters will analyze the police report and other evidence to determine blame. While this is part of an adjuster's job, their real job 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 untrue.
When that happens, 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 be fair.
If the insurance company refuses to be fair, your attorney may recommend mediation, where an unbiased attorney or judge helps analyze the evidence and determine fault. If that fails, your car accident attorney can file a lawsuit in civil court, 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 can recover for the portion of the fault you do not share.
Meaning, if your damages total $100,000 but you share 30 percent of the fault for your injury, 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 share more of the blame than the other party, you will not be able to recover any compensation in McLean County, IL.
Catastrophic Injuries in McLean County, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your daily life and future, causing 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 moves inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or temporarily blurry vision, to severe, such as loss of consciousness or lifelong cognitive impairment.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of movement or feeling in the arms, legs or other parts of the body. In severe cases, they can cause paraplegia or quadriplegia.
- Fractures — Fractures can often heal well, but cause months or years of pain and discomfort.
- 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 disfigurement.
At Burger Law, we know how serious injuries can completely turn your life upside down. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us now for a free consultation at (314) 500-HURT.