Why Hire a Car Accident Attorney in O'Fallon, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a jarring event that leaves your head spinning. Any time you are hurt 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, some factors require legal help. It is crucial that you have a car accident attorney on your side in the following situations:
- Your injuries are significant
- 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 are unsure of the legal procedures and rights following a car accident
- The negligent driver or their insurance company is blaming you for your injuries
- You are dealing with complex legal issues, such as being in a multi-vehicle accident, hit and run accident or were injured by a government vehicle
Resources to Help With Your O'Fallon, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply presenting your case and communicating with the insurance company; we have also taken it upon ourselves 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 written books on all types of personal injury cases including car accidents, created a Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your O'Fallon, IL Car Accident Claim
When you are facing a legal issue, it is essential to pick the right law firm to fight for you. Burger Law is a well-respected and experienced law firm that has been protecting 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 O'Fallon, 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 many awards, honors and accolades Burger Law has received from other attorneys include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to less than 5 percent of all lawyers nationwide
- 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 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 American Bar Association accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and mental burdens an injury can create. That is why we have a client-centered approach. After having fought for more than 30 years, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted to helping our clients recovery both physically and financially, and we work relentlessly to ensure they do. You need to spend your energy on healing; let us fight the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we personalize our legal strategies to meet the specific needs of each case. Our attorneys explain the legal process to you and always keep you up-to-date on how your case is going.
Dedication to Excellence
At Burger Law, we are committed to providing the highest standard of legal advocacy. We have high ethical standards for the way we handle cases and the way we treat our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Reviews and Victories
A car accident attorney can say just about anything, 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 almost 500 reviews. You can also look at our client testimonials and case victories.
Discuss your case for free with an car accident attorney in O'Fallon, IL today at (314) 500-HURT, or keep reading to find out more about car accident claims and how Burger Law can help.
How is Fault Determined in Car Accident in O'Fallon, 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 safe. Under Illinois Law, all motorists owe all others on the road "due care."
- Breach of duty — That they neglected their responsibility. Did they drive with excessive speed or drive drunk?
- Cause in fact — That the wreck 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 looking at their phone, or because a mechanic was negligent and their brakes were not working.
- Damages — That you sustained harm because of your injuries. Do you have medical bills, lost wages and emotional anguish 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 try to avoid being held accountable for what they did. 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 liability. 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 owe you a recovery, even if that is demonstrably false.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will acquire more evidence, take depositions of all parties involved, and hire crash experts to determine 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 claim might require a mediation, where an unbiased attorney or judge helps analyze the evidence and determine fault. 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 will be compensated 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 injury, 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.
That means that if you share more of the blame than the other party, you cannot make a recovery in O'Fallon, IL.
Devastating Injuries in O'Fallon, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, causing long-term physical, emotional and financial 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 significant, 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 mobility or sensation in the arms, legs or other parts of the body. In severe cases, they can lead paraplegia or quadriplegia.
- Broken bones — 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 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 change your life in an instant. But, with the help of Burger Law, you can be made whole again. Call us immediately to discuss your case at (314) 500-HURT.