Do I Need a Car Accident Attorney in Melrose Park, IL?
Each car accident is different. For many, a car accident is a shocking event that leaves your head spinning. Any time you are hurt in a car accident caused by someone else, you deserve 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.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, some factors require legal help. It is crucial that you have a car accident attorney on your side if the following applies to your case:
- Your injuries are severe
- The insurance company is not offering a fair settlement
- 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 saying you are at fault
- You are dealing with complex legal issues, such as being in a multi-car accident, hit and run accident or were hit by a commercial vehicle
Resources for Your Melrose 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 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 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.
Other Resources
View More FAQs
Why Choose Burger Law For Your Melrose Park, IL Car Accident Claim
When you are injured by someone else's negligence, it is crucial to pick the right law firm to fight for you. Burger Law is highly 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.
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 Melrose Park, 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 the cases they have won, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from the Melrose Park, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to less than 5 percent of all attorneys in the country
- 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 award that is comprised 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.
Understanding and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can cause. That is why we strive to build personal relationships with our clients. After having fought for more than 30 years, our attorneys are willing to take on the tough cases other law firms are not. We are dedicated to helping our clients achieve the best possible outcome, and we work faithfully to ensure they do. You need to spend your energy on healing; allow us to stand up to the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. That is why we treat each claim individually. 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 dedicated to providing the highest standard of legal advocacy. We have high moral expectations for ourselves and the insurance adjusters we stand up to. 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 know how to handle your case, but having a demonstrated track record of success is another matter entirely. We are among the highest-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also look at our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Melrose Park, IL now at (314) 500-HURT, or keep reading to discover more about car accident claims and how Burger Law can help.
How Do You Determine Fault in Car Accident in Melrose Park, IL?
Assigning fault 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 from unreasonable harm. 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 neglected their responsibility. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was speeding, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of the injuries. Do you have medical expenses, lost wages and pain and suffering 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 reckless people try to avoid taking responsibility for what they did. 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 liability. While adjusters are trained to do this, their real job is to save their insurance company money. That means they may say they do not have to compensate you, even if that is patently untrue.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will launch a full investigation into the accident, take depositions of both drivers and eyewitnesses, and hire crash experts to determine how the accident likely occurred. Then they will compile a settlement demand package to the insurance company.
If the insurance company refuses to be fair, your attorney may recommend mediation, where a neutral third party tries to help both parties come to a fair settlement. If they will not be fair in negotiations, your car accident attorney can file a lawsuit in civil court 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 share.
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 Melrose Park, IL.
Serious Injuries in Melrose Park, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your life, causing 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 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 significant, such as loss of consciousness or permanent dysfunction.
- 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 paraplegia or quadriplegia.
- 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 require immediate 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 disfigurement.
At Burger Law, we know how serious injuries can completely change your life in an instant. 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.