Why Hire a Car Accident Attorney in Warrenville, IL?
Each car accident is different. For many, a car accident is a jarring event that introduces sudden stress. Any time you are hurt in a car accident caused by someone else, you are entitled to compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you may need 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, some factors require legal help. It is essential that you have a car accident attorney on your side in the following situations:
- Your injuries are severe
- 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
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a commercial vehicle
Resources for Your Warrenville, 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 offer 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 is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Warrenville, IL Car Accident Claim
When you are injured through no fault of your own, it is imperative to pick the best law firm to represent you. Burger Law is a well-respected and experienced law firm that has been protecting the rights of the injured for more than three decades. Below are some of the reasons why you should choose Burger Law for your case.
Award-Winning Attorneys That Get Results
To ensure you get full compensation, you need to put your case in the capable hands of a car accident attorney who has earned the respect of the Warrenville, IL legal community and knows how to get results. In order to have a good understanding of the abilities of a law firm, you need to take into account the cases they have won, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy 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 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. Less than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.
Understanding and Experienced Attorneys
At Burger Law, we know that being injured through another's negligence is stressful and overwhelming. That is why we have a client-centered approach. After having fought for over three decades, our attorneys are willing to take on the tough cases other law firms are not. We are committed to helping our clients recovery both physically and financially, and we work faithfully to ensure they do. You need to spend your energy on healing; let us fight the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. 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 dedicated to excellence in everything we do. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. We pursue every legal avenue to get you the compensation you deserve.
Our Ratings and Victories
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 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 Warrenville, IL today at (314) 500-HURT, or keep reading to find out more about car accident claims and how Burger Law can help.
How Do You Determine Liability in Car Accident in Warrenville, IL?
Assigning liability in a car crash 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 a responsibility to keep you safe. Under Illinois Law, all motorists need to "exercise due care to avoid colliding" with others on the road.
- Breach of duty — That they failed in their responsibility. Did they drive with excessive speed or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck directly led to 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 manufacturer 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 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 deny they did anything wrong. 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 this is part of an adjuster's job, 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 untrue.
In those cases, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will launch a full investigation into the accident, 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 recommend 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 file a lawsuit in civil court 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 fault 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.
Meaning, if you are over 50 percent to blame for the accident, you will not be able to recover any compensation in Warrenville, IL.
Serious Injuries in Warrenville, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for 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 twists inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or confusion, to severe, 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 mobility or sensation in the arms, legs or other parts of the body. In severe cases, they can lead permanent paralysis.
- Fractures — 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 prompt 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 scarring.
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 immediately to discuss your case at (314) 500-HURT.