Do I Need a Car Accident Attorney in Westchester, 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. The fact remains that any time you are hurt in a car accident that was not your fault, you deserve financial compensation from the responsible person and their insurance company. To get the full compensation for your damages, you will often need 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 some factors require legal help. It is essential that you have a car accident attorney on your side if the following applies to your case:
- You sustained serious injuries in a car accident
- The insurance company's offer does not come close to fairly compensating 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
- There are other complications to your case, such as those involving multiple parties, hit and run accident or were hit by a government vehicle
Resources for Your Westchester, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply presenting your case and communicating with the insurance company; we believe it is also important 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 published books on all types of personal injury cases including car accidents, created a Youtube channel and is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Westchester, IL Car Accident Claim
When you are facing a legal issue, it is imperative to choose the best law firm to fight for 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 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 is not afraid to take the case to trial if they have to. 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 the Westchester, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to less 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 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. Less than 4 percent of all practicing lawyers are certified by an ABA 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 strive to build personal relationships with our clients. After having fought for more than 30 years, our attorneys are willing to take on the tough cases other law firms are not. We are devoted to helping our clients achieve the best possible outcome, and we work faithfully to ensure that their rights are protected. You need to focus on healing; trust in us to take on the insurance company.
Customized Approach
At Burger Law, we know that every client and every case is unique. That is why we personalize 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 expectations for ourselves and the insurance adjusters we stand up to. We pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Victories
A car accident attorney can say just about anything, but proving they are qualified is another matter entirely. We are one of the most- and best-reviewed law firms, with a 4.9 rating from almost 500 reviews. You can also check out our client testimonials and case victories.
Get a free consultation with an car accident attorney in Westchester, IL now at (314) 500-HURT, or read on below to discover more about car accident claims and what Burger Law can do for you.
How Do You Determine Liability in Car Accident in Westchester, 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 625 ILCS 5/11-1003.1, all drivers need to "exercise due care to avoid colliding" with pedestrians, bicyclist and other vehicles.
- Breach of duty — That they failed in their responsibility. Did they text while driving or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident caused your injury. For example, you were rear ended and got a concussion from hitting your head on the dashboard.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was distracted, or because a manufacturer 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 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 that they are to blame, but too often reckless actors try to avoid taking responsibility for their actions. After an accident, police officers will evaluate the accident scene and speak to both parties to help make their report. Then, insurance adjusters will review the police report and other evidence to assign fault. While adjusters are trained to do this, their real job is to pay out as little money as possible. That means they may say they do not have to compensate you, even if that is patently false.
In those cases, 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 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 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 can recover for the portion of the fault you do not share.
Meaning, if your damages total $100,000 but you share 30 percent of the blame for your accident, you will receive $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 half to blame for the accident, you cannot make a recovery in Westchester, IL.
Serious Injuries in Westchester, IL Car Accidents
Devastating injuries in car accidents have a significant impact on your life, causing 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 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 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 cause paraplegia or quadriplegia.
- Broken bones — 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 disfigurement.
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 today for a free consultation at (314) 500-HURT.