Do I Need a Car Accident Attorney in Pekin, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is an upsetting event that introduces sudden stress. Any time you are injured in a car accident that was not your fault, you deserve financial compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you may need 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, some factors necessitate legal help. It is important that you have a car accident attorney on your side if the following applies to your case:
- Your injuries are severe
- 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 disputes liability or fault in the accident
- You are dealing with complex legal issues, such as being in a multi-car accident, hit and run accident or were hit by a government vehicle
Resources for Your Pekin, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility extends beyond arguing your case and negotiating 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 car accident and personal injury cases, is active on our Youtube channel and is always available to answer questions.
Other Resources
View More FAQs
Why Choose Burger Law For Your Pekin, IL Car Accident Claim
When you are injured through no fault of your own, it is important to pick the best law firm to fight for you. Burger Law is highly respected and experienced law firm that has been protecting the rights of the injured for over 30 years. 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 Pekin, 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 the cases they have won, and their reputation among their clients and peers. The numerous 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 not more than 5 percent of all attorneys in the United States
- 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 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 lawyers are certified by an ABA accredited certification board.
Empathetic 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 over 30 years, our attorneys are willing to take on the tough cases other law firms are not. We are dedicated to helping our clients recovery both physically and financially, 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 every client and every case is unique. 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 moral standards for the way we handle cases and the way we communicate with our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Reviews and Results
Any car accident attorney can say they will fight for you, 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.
Get a free consultation with an car accident attorney in Pekin, IL immediately at (314) 500-HURT, or read on below to discover more about pursuing compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Pekin, IL?
Assigning liability 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 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 obligation. Did they run a red light or drive drunk?
- Cause in fact — That the crash caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was looking at their phone, 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 bills, lost wages and emotional distress you can make a claim for?
Liability can be determined through numerous factors. In some cases, the negligent driver will admit fault, but too often reckless drivers 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 evaluate the police report and other evidence to determine liability. While adjusters are trained to do this, their primary goal is to make sure their company's profits stay high by denying and minimizing claims. 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 that you are treated fairly. The attorney will launch a full investigation into the accident, take depositions of all parties involved, and hire crash experts to evaluate how the accident likely occurred. Then they will send this information to the insurance adjuster to get them to change their position.
If the insurance company remains firm, your attorney may seek mediation, where an unbiased attorney or judge tries to help both parties find common ground. 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 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 fault for your injury, you can recover $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 Pekin, IL.
Serious Injuries in Pekin, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your life, leading to 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 bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or dizziness, to severe, 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 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 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 today to discuss your case at (314) 500-HURT.