Do I Need a Car Accident Attorney in Palos Heights, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is an upsetting event that leaves your head spinning. The fact remains that any time you are hurt in a car accident caused by someone else, you are entitled to financial compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you may require the help of 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 necessitate legal help. It is important that you have a car accident attorney to fight for your if the following applies to your case:
- Your injuries are significant
- The insurance company is not offering a fair settlement
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent driver or their insurance company is saying you are at fault
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were hit by a commercial vehicle
Resources to Help With Your Palos Heights, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond arguing your case and communicating with the insurance company; we believe it is also important to offer free education and resources to people injured in car accidents to to help them make the most of 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 is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Palos Heights, IL Car Accident Claim
When you are injured through no fault of your own, it is essential to pick the best law firm to represent you. Burger Law is highly respected and experienced law firm that has been protecting the rights of the injured for more than three decades. Here are some of the reasons why you should choose Burger Law for your legal needs.
Acclaimed Attorneys That Get Results
Choosing the right personal injury lawyer for your claim is crucial. You want someone with a history of winning similar cases and who you know is not afraid to take the case to trial if they have to. 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 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 honor that is comprised 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. 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 the terrible financial, physical and mental burdens an injury can create. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. With over three decades of experience, our attorneys are willing to take on the tough cases other law firms are not. We are devoted to helping our clients recovery both physically and financially, and we work faithfully to ensure they do. You need to focus on healing; let us fight the insurance company.
Customized 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 how your case is going.
Dedication to Excellence
At Burger Law, we are dedicated to excellence in everything we do. 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 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 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 Palos Heights, IL now at (314) 500-HURT, or keep reading to find out more about car accident claims and how Burger Law can help.
How Do You Determine Fault in Car Accident in Palos Heights, IL?
Assigning liability in a car accident is the first step toward getting compensation. To do that, you and your car accident attorney must prove the five elements of negligence:
- Duty of care — That the other driver had an obligation 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 responsibility. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck 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 distracted, or because a manufacturer was negligent and their brakes were not working.
- Damages — That you sustained harm because of the injuries. Do you have medical bills, lost wages and pain and suffering you can make a claim for?
Fault is determined by a police officer, insurance adjuster, attorney, mediator or jury. Sometimes, the negligent driver will admit that they are to blame, but too often negligent people deny they did anything wrong. After an accident, police officers will write a report explaining what they believe happened. 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 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 untrue.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will launch a complete investigation into the accident, take depositions of both drivers and eyewitnesses, and hire crash experts to evaluate how the accident likely occurred. Then they will compile a settlement demand package to the insurance company.
If the insurance company refuses to be fair, your claim might require a 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 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 portion of the fault you do not bare.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the fault for your injury, 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.
That means that if you share more of the blame than the other party, you cannot make a recovery in Palos Heights, IL.
Serious Injuries in Palos Heights, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your life, causing long-term physical, emotional and economic 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 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 sensation in the arms, legs or other parts of the body. In severe cases, they can cause permanent paralysis.
- Broken bones — Fractures 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 scarring.
At Burger Law, we know how serious injuries can completely turn your life upside down. But, with the help of Burger Law, you can be made whole again. Call us immediately for a free consultation at (314) 500-HURT.