Do I Need a Car Accident Attorney in McNabb, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a shocking event that introduces sudden stress. Any time you are hurt in a car accident caused by someone else, you deserve compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you may require the help of 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 factors that call for legal representation. It is vital that you have a car accident attorney to fight for your if the following applies to your case:
- You sustained serious injuries in a car accident
- 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 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 to Help With Your McNabb, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility extends beyond arguing your case and negotiating with the insurance company; we believe it is also important to provide free materials and resources to people injured in car accidents to to help them through 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 is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your McNabb, IL Car Accident Claim
When you are facing a legal issue, it is important to pick the best law firm to fight for you. Burger Law is a well-respected and experienced law firm that has been defending the rights of the injured for more than 30 years. Below are some of the reasons why you should choose Burger Law for your case.
Award-Winning Attorneys Know How to Win
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 McNabb, 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 the cases they have won, 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 noteworthy achievement awarded to less than 5 percent of all attorneys in the United States
- 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 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. Less than 4 percent of all practicing attorneys are certified by an ABA accredited certification board.
Understanding and Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. After having fought for over three decades, our attorneys are willing to take on the tough cases other law firms are not. We are committed to helping our clients achieve the best possible outcome, and we work tirelessly to ensure they do. You need to spend your time 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 take a personalized approach to each case. Our attorneys explain the legal process to you and always keep you up-to-date on how your case is going.
Commitment to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high ethical standards for the way we pursue compensation and the way we communicate with our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings and Results
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 almost 500 reviews. You can also check out our client testimonials and case results.
Discuss your case for free with an car accident attorney in McNabb, IL immediately at (314) 500-HURT, or keep reading to learn more about seeking compensation in a car accident and how Burger Law can help.
How Do You Determine Liability in Car Accident in McNabb, IL?
Assigning 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 a responsibility 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 t-boned and broke your arm.
- Proximate cause — That their negligence 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 your injuries. Do you have medical expenses, lost wages and emotional anguish you can make a claim for?
Liability is determined by a police officer, insurance adjuster, attorney, mediator or jury. Sometimes, the negligent driver will admit fault, but too often reckless actors 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 review the police report and other evidence to determine fault. While this is part of an adjuster's job, their primary goal 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 false.
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 compile a settlement demand package to the insurance adjuster.
If the insurance company remains firm, your attorney may recommend mediation, where an unbiased attorney or judge tries to help both parties find common ground. If they will not be fair in negotiations, 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 percentage of the accident that is not your fault.
Meaning, if your damages total $100,000 but 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 share more of the blame than the other party, you cannot make a recovery in McNabb, IL.
Serious Injuries in McNabb, IL Car Accidents
Catastrophic injuries in car accidents have a significant impact on your life, causing long-term physical, emotional and economic 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 dizziness, 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 movement or sensation in the arms, legs or other parts of the body. In severe cases, they can lead permanent paralysis.
- Broken bones — Fractures can often heal well, but cause months or years of pain and discomfort.
- Internal injuries — These can include bleeding or other injuries 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 be made whole again. Call us now to discuss your case at (314) 500-HURT.