Is It Worth It to Hire Car Accident Attorney in Troy, 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. Regardless of the specifics, when you are hurt in a car accident caused by someone else, you deserve compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you will often 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, there are certain factors that call for legal representation. It is crucial that you have a car accident attorney to fight for your in the following situations:
- Your injuries are significant
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- 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 being in a multi-vehicle accident, hit and run accident or were hit by a commercial vehicle
Resources for Your Troy, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply arguing 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. Our team has written books on car accident and personal injury cases, is active on our Youtube channel and we are always willing to answer questions.
Other Resources
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Why Choose Burger Law For Your Troy, IL Car Accident Claim
When you are injured through no fault of your own, it is imperative to pick the right law firm to represent you. Burger Law is a well-respected and experienced law firm that has been defending the rights of the injured for more than 30 years. Below are some of the reasons why you should choose Burger Law for your claim.
Premier Attorneys Know How to Win
Choosing the right personal injury lawyer for your claim is crucial. 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 our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant achievement awarded to not more than 5 percent of all attorneys 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 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 lawyers are certified by an American Bar Association accredited certification board.
Understanding and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can create. That is why we have a client-centered approach. With over 30 years of experience, 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 relentlessly to ensure that their rights are protected. You need to focus on healing; allow 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 tailor our legal strategies to meet the specific needs of 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 devoted to offering the highest standard of legal advocacy. We have high moral standards for the way we pursue compensation and the way we treat our clients. We pursue every possible avenue to get you the compensation you deserve.
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 among the highest-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also check out our client testimonials and case results.
Get a free consultation with an car accident attorney in Troy, IL immediately at (314) 500-HURT, or keep reading to find out more about car accident claims and how Burger Law can help.
How is Fault Determined in Car Accident in Troy, IL?
Determining liability 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 drivers owe all others on the road "due care."
- Breach of duty — That they neglected their obligation. Did they text while driving 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 their negligence caused the crash. Were you rear ended because a driver was looking at their phone, 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 expenses, lost wages and emotional anguish you can make a claim for?
Fault can be determined through numerous factors. In some cases, the negligent driver will admit fault, but too often irresponsible people 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 analyze the police report and other evidence to determine blame. While this is part of an adjuster's job, their primary goal 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 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 all parties involved, and hire crash experts to interpret photographs and the damage to both vehicles to show how the accident occurred. Then they will compile a settlement demand letter to the insurance company.
If the insurance company remains firm, your attorney may seek mediation, where an unbiased attorney or judge 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, 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 a jury awards you $100,000 in damages, but finds that you share 30 percent of the fault for your injury, 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 share more of the blame than the other party, you will not be able to recover any compensation in Troy, IL.
Catastrophic Injuries in Troy, IL Car Accidents
Catastrophic 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 damage to the brain. Symptoms can range from mild, such as a headache or loss of balance, to grave, such as loss of consciousness or permanent disability.
- 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 the worst case scenario, they can lead 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 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 find justice, recognition and a financial recovery. Call us now for a free consultation at (314) 500-HURT.