Do I Need a Car Accident Attorney in West Chicago, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a jarring event that leaves your head spinning. Any time you are injured in a car accident caused by someone else, you deserve compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, 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 vital that you have a car accident attorney to fight for your if the following applies to your case:
- Your injuries are severe
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- 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 West Chicago, 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 materials 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, created a Youtube channel and we are always willing to answer questions.
Other Resources
View More FAQs
Why Choose Burger Law For Your West Chicago, IL Car Accident Claim
When you are injured through no fault of your own, it is crucial to choose the best law firm to represent you. Burger Law is a well-respected and experienced law firm that has been fiercely fighting for the injured for over three decades. Here are some of the reasons why you should choose Burger Law for your claim.
Award-Winning Attorneys That Deliver
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 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 many awards, honors and accolades Burger Law has received from the West Chicago, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to not more than 5 percent of all attorneys in the country
- 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 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.
Compassionate and Knowledgeable 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. With more than 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 achieve the best possible outcome, and we work tirelessly to ensure they do. You need to spend your time on healing; let us stand up to the insurance company.
Personalized 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 keep in constant contact so you know the status of your claim.
Dedication to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high ethical 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 among the most- and best-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 West Chicago, IL now at (314) 500-HURT, or read on below to discover more about pursuing compensation in a car accident and how Burger Law can help.
How Do You Determine Liability in Car Accident in West Chicago, IL?
Assigning fault in a car accident 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 Illinois Law, all drivers owe all others on the road "due care."
- Breach of duty — That they failed in their responsibility. Did they drive with excessive speed or drive drunk?
- Cause in fact — That the crash 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 mechanic was negligent and their brakes were not working.
- Damages — That you sustained losses because of your injuries. Do you have medical bills, lost wages and emotional distress you can make a claim for?
Fault is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the negligent driver will admit fault, but too often negligent people 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 determine fault. 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 deny that it was the other driver's fault, even if that is demonstrably untrue.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will obtain more evidence, 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 send this information to the insurance adjuster to get them to change their position.
If the insurance company remains firm, your claim might require a mediation, where a neutral third party tries to help both parties come to a fair settlement. If that fails, 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 will be compensated for the portion of the blame you do not share.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the blame for your accident, 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 West Chicago, IL.
Serious Injuries in West Chicago, IL Car Accidents
Serious injuries in car accidents have a significant impact on your life, leading to 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 head is violently shaken or struck, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or confusion, to significant, such as loss of consciousness or lifelong dysfunction.
- 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 permanent paralysis.
- 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 bleeding or other injuries 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 be made whole again. Call us today to discuss your case at (314) 500-HURT.