Do I Need a Car Accident Attorney in Niles, 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. The fact remains that any time you are injured in a car accident caused by someone else, 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 will often need 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 situations that call for legal representation. It is crucial that you have a car accident attorney on your side in the following situations:
- 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 need help with the insurance and legal process
- The negligent driver or their insurance company is blaming you for your injuries
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were injured by a government vehicle
Resources for Your Niles, 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 offer free materials 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, created a Youtube channel and is always available to answer questions.
Other Resources
View More FAQs
Why Choose Burger Law For Your Niles, IL Car Accident Claim
When you are facing a legal issue, it is crucial to choose the right law firm to fight for you. Burger Law is a reputed and experienced law firm that has been fiercely fighting for the injured for over three decades. Here are some of the reasons why you should choose Burger Law for your legal needs.
Recognized Leaders in Car Accident Claims
Choosing the right personal injury lawyer for your claim is crucial. You want someone who has won your type of case before and who you know will not back down from a fight. 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 many awards, honors and accolades Burger Law has received from the Niles, IL legal community 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 award that is made up 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.
Compassionate and Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we strive to build personal relationships with our clients. With more than 30 years of experience, 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 tirelessly to ensure that their rights are protected. You need to spend your energy 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 treat each claim individually. Our attorneys explain the legal process to you and always keep you up-to-date on the status of your claim.
Dedication to Excellence
At Burger Law, we are dedicated to excellence in everything we do. We have high ethical standards for the way we pursue compensation and the way we treat our clients. We pursue every possible avenue to get you the compensation you deserve.
Our Ratings and Results
Any car accident attorney can say they know how to handle your case, but proving they are qualified is another matter entirely. We are one of the highest-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also check out our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Niles, IL now at (314) 500-HURT, or keep reading to learn more about car accident claims and how Burger Law can help.
How is Fault Determined in Car Accident in Niles, IL?
Assigning liability in a car crash 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 safe. Under Illinois Law, 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 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 distracted, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of your 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 other driver will admit fault, but too often reckless 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 evaluate the police report and other evidence to determine liability. While this is part of an adjuster's job, their real job 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 patently untrue.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will gather more evidence, 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 package to the insurance company.
If the insurance company remains firm, your attorney may recommend mediation, where a neutral third party helps analyze the evidence and determine fault. If they will not be fair in negotiations, your car accident attorney can take your claim to trial, 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. It is important to note 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 cannot make a recovery in Niles, IL.
Devastating Injuries in Niles, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, leading to long-term physical, mental 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 grave, such as loss of consciousness or permanent disability.
- 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 permanent paralysis.
- Fractures — Broken bones 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 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 fatal.
- 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 change your life in an instant. But, with the help of Burger Law, you can be made whole again. Call us immediately for a free consultation at (314) 500-HURT.