Do I Need a Car Accident Attorney in Oswego, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a shocking event that introduces sudden stress. Regardless of the specifics, when you are hurt in a car accident that was not your fault, you are entitled to 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 fight for you.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, there are certain factors that call for legal representation. It is vital that you have a car accident attorney on your side if the following applies to your case:
- Your injuries are severe
- The insurance company's offer does not come close to fairly compensating you
- The other driver is uninsured or underinsured
- You are unsure of the legal procedures and rights following a car accident
- The negligent driver disputes liability or fault in the accident
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a commercial vehicle
Resources to Help With Your Oswego, 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 offer free education and resources to people injured in car accidents to to help them through their injury claims. Our team has written books on car accident and personal injury cases, created a Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Oswego, IL Car Accident Claim
When you are injured in a car accident, it is crucial to pick the best law firm to fight for you. Burger Law is a reputed and experienced law firm that has been fiercely fighting for the injured for more than three decades. Below are some of the reasons why you should choose Burger Law for your claim.
Premier Attorneys That Deliver
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 Oswego, IL legal community and knows how to get results. In order to gauge the abilities of an injury 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 notable 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 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. Less than 4 percent of all practicing attorneys 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 create. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. With over 30 years of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are committed to helping our clients achieve the best possible outcome, and we work faithfully to ensure that their rights are protected. You need to focus on healing; trust in us to stand up to the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we take a personalized approach to 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 dedicated to offering the highest standard of legal advocacy. We have high ethical 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 proving they are qualified is another matter entirely. We are among the most- and best-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also look at our client testimonials and case results.
Get a free consultation with an car accident attorney in Oswego, IL immediately at (314) 500-HURT, or keep reading to learn more about seeking compensation in a car accident and how Burger Law can help.
How Do You Determine Fault in Car Accident in Oswego, IL?
Assigning fault in a car crash 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 need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- Breach of duty — That they neglected their responsibility. Did they run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck 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 negligence caused the crash. Were you rear ended because a driver was tailgating, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained harm because of the 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 negligent driver will admit fault, but too often irresponsible actors try to avoid taking responsibility 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 have to compensate you, 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 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 send this information to the insurance adjuster to get them to be fair.
If the insurance company remains firm, your attorney may seek mediation, where an unbiased attorney or judge 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 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 bare.
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 share more of the blame than the other party, you will not be able to recover any compensation in Oswego, IL.
Devastating Injuries in Oswego, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your life, causing long-term physical, mental and economic 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 damage to the brain. Symptoms can range from mild, such as a headache or fatigue, 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 movement or feeling in the arms, legs or other parts of the body. In the worst case scenario, they can lead permanent paralysis.
- Broken bones — Broken bones 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 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 turn your life upside down. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us now to discuss your case at (314) 500-HURT.