Is It Worth It to Hire Car Accident Attorney in Westmont, IL?
Everyone who has been injured in a car accident has a unique experience. For many, a car accident is a shocking event that causes no small amount of residual stress. The fact remains that any time you are hurt in a car accident caused by someone else, you deserve financial 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 necessitate legal help. It is important that you have a car accident attorney to fight for your in the following situations:
- Your injuries are severe
- The insurance company is not offering a fair settlement
- The other driver is uninsured or underinsured
- You are unsure of the legal procedures and rights following a car accident
- The negligent driver or their insurance company is saying you are at fault
- 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 to Help With Your Westmont, 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 provide free education and resources to people injured in car accidents to to help them through their injury claims. Our team has written books on all types of personal injury cases including car accidents, created a Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Westmont, IL Car Accident Claim
When you are facing a legal issue, it is essential to choose the best law firm to represent you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for over 30 years. Below are some of the reasons why you should choose Burger Law for your legal needs.
Acclaimed Attorneys Know How to Win
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 Westmont, 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 numerous awards, honors and accolades Burger Law has received from other attorneys 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 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 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. 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 our attorneys are compassionate and dedicated to helping our clients be made whole again. With over three decades of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are committed to helping our clients achieve the best possible outcome, and we work faithfully to ensure they do. You need to focus on healing; allow 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 treat each claim individually. Our attorneys explain the legal process to you and always keep you up-to-date on how your case is going.
Commitment to Excellence
At Burger Law, we are devoted to excellence in everything we do. We have high ethical expectations for ourselves and the insurance adjusters we stand up to. 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 victories.
Discuss your case for free with an car accident attorney in Westmont, IL now at (314) 500-HURT, or keep reading to find out more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Westmont, IL?
Assigning liability in a car wreck 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 an obligation to keep you safe. Under Illinois Law, all drivers owe all others on the road "due care."
- Breach of duty — That they neglected their obligation. Did they run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident directly led to 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 speeding, 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?
Liability is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the other driver will admit that they are to blame, but too often reckless 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 blame. While this is part of an adjuster's job, their real job is to save their insurance company money. That means they may say they do not owe you a recovery, even if that is demonstrably false.
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 complete investigation into the accident, take depositions of all parties involved, and hire crash experts to determine how the accident likely 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 attorney may seek 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 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 your damages total $100,000 but you share 30 percent of the fault for your injury, 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 share more of the blame than the other party, you cannot make a recovery in Westmont, IL.
Devastating Injuries in Westmont, IL Car Accidents
Catastrophic injuries in car accidents have a significant impact on your life, causing long-term physical, mental and financial 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 loss of balance, to severe, such as loss of consciousness or lifelong 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 severe cases, they can lead 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 damage to the internal organs, such as the heart, lungs, liver and others, and require prompt medical attention in order not to be deadly.
- 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.