Do I Need a Car Accident Attorney in Rockford, IL?
There are countless factors involved in car accidents that make each case different. 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 that was not your fault, you deserve 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 factors that call for legal representation. It is essential that you have a car accident attorney on your side in the following situations:
- You sustained serious injuries in a car accident
- The insurance company is lowballing you
- The other driver does not have insurance or enough insurance to cover your damages
- You are unsure of the legal procedures and rights following a car accident
- The negligent driver or their insurance company is saying you are at fault
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a government vehicle
Resources to Help With Your Rockford, 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 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. Burger Law has published books on car accident and personal injury cases, is active on our Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Rockford, IL Car Accident Claim
When you are facing a legal issue, it is essential 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 30 years. Here are some of the reasons why you should choose Burger Law for your legal needs.
Award-Winning Attorneys Know How to Win
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 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 less than 5 percent of all lawyers 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 honor that is made up 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. Fewer than 4 percent of all practicing lawyers are certified by an American Bar Association 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. With more than three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated 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; let us fight the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we customize our legal strategies to meet the specific needs of each client. 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 devoted 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 Ratings and Victories
Any car accident attorney can say they know how to handle your case, but having a demonstrated track record of success 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 victories.
Get a free consultation with an car accident attorney in Rockford, IL today at (314) 500-HURT, or keep reading to discover more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Rockford, IL?
Assigning fault in a car accident 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 an obligation to keep you from unreasonable harm. Under Illinois Law, all motorists owe all others on the road "due care."
- Breach of duty — That they neglected their responsibility. Did they drive reckless or drive drunk?
- 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 following you too close, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained harm because of your 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. In some cases, the other driver will admit fault, but too often reckless actors try to avoid taking responsibility for their actions. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will review the police report and other evidence to assign liability. 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 launch a full 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 send this information to the insurance adjuster to get them to change their position.
If the insurance company refuses to be fair, your attorney may recommend mediation, where a neutral third party tries to help both parties find common ground. 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 will be compensated 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 blame for your accident, 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.
That means that if you are over 50 percent to blame for the accident, you will not be able to recover any compensation in Rockford, IL.
Catastrophic Injuries in Rockford, IL Car Accidents
Serious injuries in car accidents have a significant impact on your daily life and future, causing long-term physical, emotional and economic consequences. Some common examples of serious injuries in car accidents include:
- Traumatic brain injuries (TBI) — This can occur when the the brain shakes inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or fatigue, to severe, 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 sensation in the arms, legs or other parts of the body. In the worst case scenario, they can lead permanent paralysis.
- 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 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.