Why Hire a Car Accident Attorney in Seneca, IL?
Everyone who has been injured in a car accident has a unique experience. 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 deserve 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 pursue your claim.
While some minor car accidents can be resolved successfully without the use of an auto accident attorney, some factors require legal help. It is crucial that you have a car accident attorney to fight for your in the following situations:
- 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 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 commercial vehicle
Resources for Your Seneca, 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 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 all types of personal injury cases including car accidents, created a Youtube channel and we are always willing to answer questions.
Other Resources
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Why Choose Burger Law For Your Seneca, IL Car Accident Claim
When you are facing a legal issue, it is imperative to choose the right law firm to fight for you. Burger Law is highly respected and experienced law firm that has been protecting the rights of the injured for over 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 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 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 Seneca, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable 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 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. Less than 4 percent of all practicing attorneys are certified by an ABA accredited certification board.
Compassionate and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and mental hardships an injury can create. That is why we have a client-centered approach. After having fought for over 30 years, our attorneys are willing to take on the tough cases other law firms are not. We are dedicated to helping our clients achieve the best possible outcome, and we work tirelessly to ensure they do. You need to spend your energy on healing; trust in us to take on 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 committed to excellence in everything we do. We have high moral expectations for ourselves and the insurance adjusters we stand up to. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Reviews 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 look at our client testimonials and case victories.
Get a free consultation with an car accident attorney in Seneca, IL immediately at (314) 500-HURT, or keep reading to find out more about seeking compensation in a car accident and how Burger Law can help.
How Do You Determine Liability in Car Accident in Seneca, IL?
Determining fault in a car accident is the first step toward collecting damages. Liability comes down to proving 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 motorists need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- Breach of duty — That they neglected their responsibility. Did they run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was following you too close, 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 expenses, lost wages and pain and suffering you can make a claim for?
Fault can be determined through a number of factors. Sometimes, the other driver will admit fault, but too often irresponsible actors 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 fault. While adjusters are trained to do this, their primary goal is to save their insurance company money. That means they may deny that it was the other driver's fault, even if that is demonstrably false.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will launch a complete investigation into the accident, take depositions of both drivers and eyewitnesses, and hire crash experts to determine how the accident likely occurred. Then they will compile a settlement demand package 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 that fails, 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 blame you do not share.
Meaning, if your damages total $100,000 but you share 30 percent of the blame 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.
That means that if you are over half to blame for the accident, you will not be able to recover any compensation in Seneca, IL.
Devastating Injuries in Seneca, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your life, leading to long-term physical, emotional and financial 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 confusion, to grave, such as loss of consciousness or lifelong dysfunction.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of mobility 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 now for a free consultation at (314) 500-HURT.