Is It Worth It to Hire Car Accident Attorney in Wheeling, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a shocking event that introduces sudden pressure. Regardless of the specifics, when you are hurt in a car accident caused by someone else, you are entitled to 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 pursue your claim.
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 necessitate legal help. It is crucial that you have a car accident attorney to fight on your behalf if the following applies to your case:
- You sustained serious injuries in a car accident
- The insurance company is lowballing 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
- You are dealing with complex legal issues, such as being in a multi-vehicle accident, hit and run accident or were injured by a government vehicle
Resources for Your Wheeling, 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 negotiating 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, 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 Wheeling, IL Car Accident Claim
When you are facing a legal issue, it is essential to pick the right law firm to fight for 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.
Recognized Leaders in Car Accident Claims
It can be hard to know how to choose the best personal injury lawyer for you. 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 have a good understanding of the abilities of a law firm, you need to look at 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 notable achievement awarded to not more 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 made up 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 attorneys are certified by an ABA accredited certification board.
Understanding and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can cause. That is why our attorneys are compassionate and dedicated to helping our clients be made whole again. After having fought for over three decades, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated 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 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 always keep you up-to-date on the status of your claim.
Commitment to Excellence
At Burger Law, we are committed to excellence in everything we do. We have high ethical standards for the way we pursue compensation and the way we communicate with our clients. We pursue every legal avenue to get you the compensation you deserve.
Our Reviews and Results
Any car accident attorney can say they know how to handle your case, 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.
Get a free consultation with an car accident attorney in Wheeling, IL immediately at (314) 500-HURT, or read on below to find out more about seeking compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Wheeling, IL?
Assigning liability in a car wreck 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 625 ILCS 5/11-1003.1, all drivers owe all others on the road "due care."
- Breach of duty — That they failed in their obligation. Did they run a red light or drive drunk?
- Cause in fact — That the accident caused 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 speeding, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of your injuries. Do you have medical bills, lost wages and emotional anguish you can make a claim for?
Liability can be determined through numerous factors. Sometimes, the negligent driver will admit fault, but too often reckless 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 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 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 obtain more evidence, take depositions of both drivers and eyewitnesses, and hire crash experts to evaluate how the accident likely occurred. Then they will compile a settlement demand package to the insurance company.
If the insurance company remains firm, your claim might require a mediation, where an unbiased attorney or judge tries to help both parties find common ground. If that fails, 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 share.
Meaning, if a jury awards you $100,000 in damages, but finds that you share 30 percent of the fault 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 share more of the blame than the other party, you cannot make a recovery in Wheeling, IL.
Serious Injuries in Wheeling, 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 damage to the brain. Symptoms can range from mild, such as a headache or confusion, 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 mobility or feeling in the arms, legs or other parts of the body. In severe cases, they can cause permanent paralysis.
- Broken bones — Broken bones 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 change your life in an instant. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us now to discuss your case at (314) 500-HURT.