Do I Need a Car Accident Attorney in Roselle, IL?
Each car accident is different. For many, a car accident is a shocking event that introduces sudden stress. The fact remains that any time you are injured in a car accident caused by someone else, you are entitled to 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.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However there are certain factors that call for legal representation. It is vital 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's offer does not come close to fairly compensating you
- The other driver is uninsured or underinsured
- You are unsure of the legal procedures and rights following a car accident
- The negligent driver or their insurance company is blaming you for your injuries
- 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 Roselle, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply presenting your case and communicating with the insurance company; we believe it is also important to provide free education and resources to people injured in car accidents to to help them make the most of their injury claims. Burger Law has published books on all types of personal injury cases including car accidents, created a Youtube channel and we are always willing to answer questions.
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Why Choose Burger Law For Your Roselle, IL Car Accident Claim
When you are facing a legal issue, it is crucial to choose the best law firm to fight for you. Burger Law is a reputed and experienced law firm that has been defending the rights of the injured for over three decades. Here are some of the reasons why you should choose Burger Law for your legal needs.
Award-Winning Attorneys That Deliver
It can be hard to know how to choose the best personal injury lawyer for you. 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 numerous awards, honors and accolades Burger Law has received from the Roselle, 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 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 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. Fewer than 4 percent of all practicing attorneys are certified by an ABA accredited certification board.
Compassionate and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental hardships an injury can cause. That is why we strive to build personal relationships with our clients. With over 30 years of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted to helping our clients recovery both physically and financially, and we work tirelessly to ensure they do. You need to spend your time on healing; trust in us to take on the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. 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.
Commitment 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 Reviews 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 one of the highest-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also look at our client testimonials and case results.
Get a free consultation with an car accident attorney in Roselle, IL today at (314) 500-HURT, or read on below to learn more about pursuing compensation in a car accident and how Burger Law can help.
How Do You Determine Fault in Car Accident in Roselle, IL?
Assigning fault in a car crash 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 drunk?
- Cause in fact — That the wreck directly led to your injury. For example, you were rear ended and that gave you a whiplash injury.
- Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was tailgating, or because a mechanic was negligent and the other driver has faulty brakes.
- Damages — That you sustained harm because of the injuries. Do you have medical bills, lost wages and emotional anguish 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 try to avoid being held accountable for what they did. 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 blame. 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 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 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 refuses to be fair, your attorney may recommend mediation, where an unbiased attorney or judge 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 blame 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 are over 50 percent to blame for the accident, you will not be able to recover any compensation in Roselle, IL.
Catastrophic Injuries in Roselle, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your life, causing 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 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 grave, such as loss of consciousness or lifelong disability.
- 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 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 require immediate 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 upend your life. But, with the help of Burger Law, you can be made whole again. Call us now to discuss your case at (314) 500-HURT.