Do I Need a Car Accident Attorney in Prospect Heights, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a jarring event that leaves your head spinning. 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. 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 to fight for your in the following situations:
- You sustained serious injuries in a car accident
- The insurance company's offer does not come close to fairly compensating 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
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were hit by a government vehicle
Resources to Help With Your Prospect Heights, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply arguing your case and communicating with the insurance company; we have also taken it upon ourselves to offer free materials and resources to people injured in car accidents to to help them make the most of their injury claims. Our team has written books on all types of personal injury cases including car accidents, created a Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Prospect Heights, IL Car Accident Claim
When you are injured through no fault of your own, it is crucial to choose the best law firm to fight for you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for more than 30 years. Below are some of the reasons why you should choose Burger Law for your case.
Award-Winning Attorneys That Deliver
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 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 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 not more than 5 percent of all attorneys 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 award 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 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 create. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. After having fought for more than three decades, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated to helping our clients recovery both physically and financially, and we work tirelessly to ensure that their rights are protected. You need to focus on healing; let us 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 always keep you up-to-date on how your case is going.
Dedication to Excellence
At Burger Law, we are committed to offering the highest standard of legal advocacy. We have high ethical standards for the way we pursue compensation and the way we treat our clients. We pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Victories
A car accident attorney can say just about anything, 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 almost 500 reviews. You can also check out our client testimonials and case results.
Get a free consultation with an car accident attorney in Prospect Heights, IL today at (314) 500-HURT, or keep reading to discover more about pursuing compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Prospect Heights, IL?
Determining liability in a car crash is the first step toward getting compensation. Fault comes down to proving the five elements of negligence:
- Duty of care — That the other driver had an obligation to keep you safe. Under Illinois Law, all drivers owe all others on the road "due care."
- Breach of duty — That they failed in their obligation. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash caused your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was speeding, 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 pain and suffering you can make a claim for?
Liability can be determined through a number of factors. In some cases, the negligent driver will admit that they are to blame, but too often reckless actors try to avoid being held accountable for their actions. 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 blame. While adjusters are trained to do this, their real job 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 demonstrably untrue.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will investigate the case further, take depositions of all parties involved, and hire crash experts to determine 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 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 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 will be compensated for the portion of the fault you do not share.
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. 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 are more than half to blame for the accident, you will not be able to recover any compensation in Prospect Heights, IL.
Catastrophic Injuries in Prospect Heights, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your life, leading to long-term physical, mental and financial consequences. Some common examples of serious injuries in car accidents include:
- Traumatic brain injuries (TBI) — This can occur when the the brain twists inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or confusion, 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 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 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 prompt medical attention in order not to be fatal.
- 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 immediately for a free consultation at (314) 500-HURT.