Do I Need a Car Accident Attorney in Oglesby, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a jarring event that causes no small amount of residual stress. The fact remains that any time you are hurt in a car accident that was not your fault, you are entitled to 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.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However some factors necessitate legal help. It is essential that you have a car accident attorney on your side 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 need help with the insurance and legal process
- The other driver disputes liability or fault in the accident
- There are other complications to your case, such as being in a multi-car accident, hit and run accident or were injured by a commercial vehicle
Resources to Help With Your Oglesby, 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 have also taken it upon ourselves to offer free education and resources to people injured in car accidents to to help them through their injury claims. Our team has published books on all types of personal injury cases including car accidents, is active on our Youtube channel and we are always willing to answer questions.
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Why Choose Burger Law For Your Oglesby, IL Car Accident Claim
When you are injured in a car accident, it is essential to pick the best law firm to represent you. Burger Law is a well-respected and experienced law firm that has been fiercely fighting for the injured for over three decades. Below are some of the reasons why you should choose Burger Law for your claim.
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 Oglesby, IL legal community and knows how to get results. In order to gauge the abilities of an injury law firm, you need to look at their previous victories, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from the Oglesby, 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 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 honor that is made up 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. Fewer than 4 percent of all practicing attorneys are certified by an ABA accredited certification board.
Understanding and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental 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 more than 30 years, our attorneys are willing to take on the tough cases other law firms are not. We are committed to helping our clients recovery both physically and financially, and we work tirelessly to ensure they do. You need to spend your time on healing; let us 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 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.
Dedication to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high moral expectations for ourselves and the insurance adjusters we stand up to. We pursue every possible avenue to get you the compensation you deserve.
Our Reviews and Victories
A car accident attorney can say just about anything, 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 look at our client testimonials and case results.
Discuss your case for free with an car accident attorney in Oglesby, IL today at (314) 500-HURT, or read on below to find out more about pursuing compensation in a car accident and how Burger Law can help.
How Do You Determine Fault in Car Accident in Oglesby, IL?
Assigning fault in a car wreck is the first step toward collecting damages. 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 owe all others on the road "due care."
- Breach of duty — That they failed in their obligation. Did they drive reckless or drive drunk?
- Cause in fact — That the crash directly led to your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was following you too close, or because a mechanic 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 distress 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 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 assign blame. 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 say they do not have to compensate you, even if that is patently untrue.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will investigate the case further, take depositions of both drivers and eyewitnesses, 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 seek mediation, where a neutral third party helps analyze the evidence and determine fault. If that fails, your car accident attorney can file a lawsuit in civil court 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 will be compensated for the percentage of the accident that is not your fault.
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. 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 share more of the blame than the other party, you will not be able to recover any compensation in Oglesby, IL.
Catastrophic Injuries in Oglesby, IL Car Accidents
Catastrophic injuries in car accidents have a significant impact on your life, causing 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 head is violently shaken or struck, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or fatigue, 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 severe cases, they can cause permanent paralysis.
- Fractures — Fractures 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 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 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.