Is It Worth It to Hire Car Accident Attorney in Midlothian, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a shocking event that causes no small amount of residual stress. The fact remains that 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. However, to receive the compensation you are rightfully owed, you will often require the help of 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 vital that you have a car accident attorney to fight on your behalf in the following situations:
- 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 other driver disputes liability or fault in the accident
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were injured by a commercial vehicle
Resources to Help With Your Midlothian, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility 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 written 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 Midlothian, IL Car Accident Claim
When you are injured by someone else's negligence, it is imperative to pick the right law firm to represent you. Burger Law is a well-respected and experienced law firm that has been defending the rights of the injured for over three decades. Below are some of the reasons why you should choose Burger Law for your legal needs.
Acclaimed 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 Midlothian, 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 take into account their previous victories, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from the Midlothian, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant 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. Fewer than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.
Compassionate and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can cause. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. After having fought for over 30 years, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated 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; allow us to fight the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. That is why we customize our legal strategies to meet the specific needs of each case. Our attorneys explain the legal process to you and keep in constant contact so you know the status of your claim.
Dedication to Excellence
At Burger Law, we are devoted to excellence in everything we do. 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 Reviews 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 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 victories.
Discuss your case for free with an car accident attorney in Midlothian, IL now at (314) 500-HURT, or keep reading to discover more about seeking compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Midlothian, IL?
Assigning liability 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 a responsibility to keep you safe. Under 625 ILCS 5/11-1003.1, all drivers owe all others on the road "due care."
- Breach of duty — That they neglected their obligation. Did they text while driving or drive drunk?
- 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 tailgating, or because a mechanic was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of your injuries. Do you have medical bills, lost wages and emotional distress you can make a claim for?
Fault can be determined through numerous factors. Sometimes, the other driver will admit that they are to blame, but too often irresponsible drivers try to avoid being held accountable for their actions. 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 fault. While this is part of an adjuster's job, their primary goal is to pay out as little money as possible. That means they may deny that it was the other driver's fault, 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 all parties involved, 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 letter to the insurance company.
If the insurance company refuses to be fair, your attorney may seek mediation, where a neutral third party tries to help both parties find common ground. If that fails, your car accident attorney can take your claim to trial 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 portion of the blame you do not bare.
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.
Meaning, if you are over 50 percent to blame for the accident, you will not be able to recover any compensation in Midlothian, IL.
Serious Injuries in Midlothian, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your daily life and future, leading to long-term physical, emotional and financial consequences. Some injuries we have helped people get compensation for are:
- Traumatic brain injuries (TBI) — This can occur when the the brain shakes inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or confusion, to severe, such as loss of consciousness or permanent dysfunction.
- 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 the worst case scenario, they can cause permanent paralysis.
- Fractures — Broken bones 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 upend your life. But, with the help of Burger Law, you can be made whole again. Call us today for a free consultation at (314) 500-HURT.