Why Hire a Car Accident Attorney in Wilmette, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a shocking event that leaves your head spinning. Regardless of the specifics, when you are injured in a car accident that was not your fault, you are entitled to compensation from the person who caused you harm 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.
Sometimes you can resolve a minor car accident in a way that is favorable for all parties without involving car accident attorneys. However there are certain factors that call for legal representation. It is vital that you have a car accident attorney to fight on your behalf if the following applies to your case:
- Your injuries are significant
- 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 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 injured by a government vehicle
Resources to Help With Your Wilmette, IL Car Accident Claim
Our philosophy at Burger Law is that, as your personal injury law firm, our responsibility is more than simply arguing your case and communicating with the insurance company; we believe it is also important to provide 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
View More FAQs
Why Choose Burger Law For Your Wilmette, IL Car Accident Claim
When you are injured in a car accident, it is essential to pick the right 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 30 years. Here 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 Wilmette, IL legal community and knows how to get results. 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 Wilmette, 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 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 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.
Understanding and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental hardships an injury can create. That is why we strive to build personal relationships with our clients. With over 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 recovery both physically and financially, and we work faithfully to ensure that their rights are protected. You need to spend your time on healing; allow us to take on the insurance company.
Personalized Approach
At Burger Law, we know that every client and every case is unique. That is why we tailor 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 devoted to excellence in everything we do. We have high moral 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 one of the most- and best-reviewed law firms, with a 4.9 rating from over 480 reviews. You can also look at our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Wilmette, IL today at (314) 500-HURT, or read on below to discover more about seeking compensation in a car accident and how Burger Law can help.
How is Fault Determined in Car Accident in Wilmette, IL?
Determining liability in a car crash 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 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 obligation. Did they run a red light or drive under the influence of alcohol or drugs?
- Cause in fact — That the crash caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their failure 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 harm because of your injuries. Do you have medical expenses, lost wages and emotional anguish 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 irresponsible actors deny they did anything wrong. After an accident, police officers will write a report explaining who they link is liable. Then, insurance adjusters will review the police report and other evidence to assign blame. While adjusters are trained to do this, their primary goal is to pay out as little money as possible. That means they may deny that it was the other driver's fault, even if that is patently untrue.
In those cases, you need to hire a car accident attorney to ensure that you are treated fairly. 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 adjuster.
If the insurance company remains firm, your attorney may seek mediation, where an unbiased attorney or judge tries to help both parties find common ground. If that fails, 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 will be compensated 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 blame for your injury, 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.
That means that if you are more than half to blame for the accident, you cannot make a recovery in Wilmette, IL.
Catastrophic Injuries in Wilmette, IL Car Accidents
Catastrophic injuries in car accidents have a significant impact on your daily life and future, causing long-term physical, emotional and financial consequences. Some injuries we have helped people get compensation for are:
- 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 significant, such as loss of consciousness or permanent dysfunction.
- 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 the worst case scenario, they can cause permanent paralysis.
- Fractures — 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 bleeding or other injuries 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 turn your life upside down. But, with the help of Burger Law, you can be made whole again. Call us now for a free consultation at (314) 500-HURT.