Why Hire a Car Accident Attorney in Salem, IL?
Each car accident is different. For many, a car accident is an upsetting event that causes no small amount of residual stress. Regardless of the specifics, when you are hurt in a car accident that was not your fault, you are entitled to financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you may require the help of 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 situations that call for legal representation. It is vital that you have a car accident attorney to fight on your behalf if the following applies to your case:
- Your injuries are severe
- 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 blaming you for your injuries
- There are other complications to your case, such as being in a multi-vehicle accident, hit and run accident or were hit by a government vehicle
Resources to Help With Your Salem, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility extends beyond presenting your case and communicating with the insurance company; we have also taken it upon ourselves 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 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 Salem, IL Car Accident Claim
When you are injured in a car accident, it is crucial to pick the right law firm to represent you. Burger Law is a reputed and experienced law firm that has been defending the rights of the injured for over three decades. Below are some of the reasons why you should choose Burger Law for your legal needs.
Recognized Leaders in Car Accident Claims
Choosing the right personal injury lawyer for your claim is crucial. You want someone with a history of winning similar cases and who you know will not back down from a fight. In order to have a good understanding of the abilities of a 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 noteworthy 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 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we strive to build personal relationships with our clients. After having fought for over 30 years, 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 relentlessly to ensure they do. You need to spend your time on healing; trust in us to stand up to 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.
Dedication to Excellence
At Burger Law, we are dedicated to providing 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 leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings and Results
A car accident attorney can say just about anything, 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 almost 500 reviews. You can also check out our client testimonials and case results.
Discuss your case for free with an car accident attorney in Salem, IL immediately at (314) 500-HURT, or keep reading to learn more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Salem, IL?
Assigning 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 need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they failed in their obligation. Did they drive with excessive speed or drive under the influence of alcohol or drugs?
- 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 tailgating, or because a mechanic was negligent and their brakes were not working.
- Damages — That you sustained harm because of the injuries. Do you have medical bills, 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 fault, but too often reckless people try to avoid being held accountable for what they did. 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 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 say they do not owe you a recovery, even if that is patently false.
In those cases, 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 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 recommend 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 file a lawsuit in civil court, present the evidence to a jury and convince them the other driver was at fault.
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 bare.
Meaning, if your damages total $100,000 but you share 30 percent of the blame for your accident, you can recover $70,000. Keep in mind 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 Salem, IL.
Devastating Injuries in Salem, IL Car Accidents
Serious injuries in car accidents have devastating consequences for your daily life and future, leading to long-term physical, mental 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 fatigue, to significant, 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 cause paraplegia or quadriplegia.
- Broken bones — Fractures 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 turn your life upside down. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us today to discuss your case at (314) 500-HURT.