Do I Need a Car Accident Attorney in Prophetstown, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a shocking event that leaves your head spinning. Any time 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. To get the full compensation for your damages, 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 situations that call for legal representation. It is important that you have a car accident attorney to fight on your behalf in the following situations:
- Your injuries are severe
- 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 need help with the insurance and legal process
- The other 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 Prophetstown, 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 communicating with the insurance company; we believe it is also important to provide free materials 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
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Why Choose Burger Law For Your Prophetstown, 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 well-respected and experienced law firm that has been fiercely fighting for the injured for over three decades. Here are some of the reasons why you should choose Burger Law for your case.
Premier Attorneys That Get Results
It can be hard to know how to choose the best personal injury lawyer for you. You want someone who has won your type of case before and who you know is not afraid to take the case to trial if they have to. 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 many awards, honors and accolades Burger Law has received from the Prophetstown, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant achievement awarded to not more 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 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.
Empathetic and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can cause. 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 recovery both physically and financially, and we work faithfully to ensure that their rights are protected. You need to spend your time 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 take a personalized approach to each case. Our attorneys explain the legal process to you and always keep you up-to-date on the status of your claim.
Commitment 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 pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Victories
Any car accident attorney can say they will fight for you, 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 over 480 reviews. You can also check out our client testimonials and case victories.
Get a free consultation with an car accident attorney in Prophetstown, IL now at (314) 500-HURT, or read on below to discover more about seeking compensation in a car accident and what Burger Law can do for you.
How Do You Determine Fault in Car Accident in Prophetstown, IL?
Determining liability in a car wreck 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 a responsibility to keep you safe. Under 625 ILCS 5/11-1003.1, all motorists owe all others on the road "due care."
- Breach of duty — That they failed in their responsibility. Did they drive with excessive speed or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident 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 the other driver has faulty brakes.
- Damages — That you sustained harm because of the injuries. Do you have medical expenses, lost wages and emotional distress you can make a claim for?
Fault can be determined through numerous factors. Sometimes, 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 analyze the police report and other evidence to assign liability. While adjusters are trained to do this, their primary goal 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 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 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 letter 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 take your claim to trial 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 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 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.
That means that if you are more than half to blame for the accident, you will not be able to recover any compensation in Prophetstown, IL.
Serious Injuries in Prophetstown, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your daily life and future, leading to long-term physical, mental and financial consequences. Some injuries we have helped people get compensation for are:
- Traumatic brain injuries (TBI) — This can occur when the the brain moves inside of the skull, causing damage to the brain. Symptoms can range from mild, such as a headache or confusion, to significant, such as loss of consciousness or lifelong dysfunction.
- 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 cause paraplegia or quadriplegia.
- Fractures — 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 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.