Is It Worth It to Hire Car Accident Attorney in Winnebago County, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is an upsetting event that causes no small amount of residual stress. Any time you are injured 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 may 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 there are certain factors that call for legal representation. It is vital 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 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 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 commercial vehicle
Resources to Help With Your Winnebago County, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm 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 through their injury claims. Our team has written books on car accident and personal injury cases, is active on our Youtube channel and is always available to answer questions.
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Why Choose Burger Law For Your Winnebago County, IL Car Accident Claim
When you are facing a legal issue, it is crucial to choose the right law firm to represent you. Burger Law is a reputed 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
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 Winnebago County, IL legal community and knows how to get results. In order to gauge the abilities of an injury law firm, you need to look at the cases they have won, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable 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 honor 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 attorneys are certified by an ABA accredited certification board.
Understanding and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and emotional hardships an injury can create. 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 are willing to take on the tough cases other law firms are not. We are committed to helping our clients recovery both physically and financially, and we work tirelessly to ensure they do. You need to spend your time on healing; allow us to stand up to the insurance company.
Customized 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 keep in constant contact so you know the status of your claim.
Commitment to Excellence
At Burger Law, we are devoted to providing the highest standard of legal advocacy. We have high ethical standards for the way we pursue compensation and the way we treat our clients. 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 over 480 reviews. You can also look at our client testimonials and case results.
Discuss your case for free with an car accident attorney in Winnebago County, IL now at (314) 500-HURT, or read on below to find out more about pursuing compensation in a car accident and how Burger Law can help.
How Do You Determine Fault in Car Accident in Winnebago County, IL?
Determining liability in a car accident is the first step toward collecting damages. 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 motorists 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 drive reckless or drive under the influence of alcohol or drugs?
- Cause in fact — That the wreck caused your injury. For example, you were rear ended and that gave you a whiplash injury.
- Proximate cause — That their failure caused the crash. Were you rear ended because a driver was speeding, or because a mechanic 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 pain and suffering you can make a claim for?
Fault is determined by a police officer, insurance adjuster, attorney, mediator or jury. Sometimes, the other driver will admit that they are to blame, but too often negligent drivers 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 review the police report and other evidence to determine fault. While adjusters are trained to do this, their primary goal 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 patently false.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will investigate the case further, take depositions of all parties involved, and hire crash experts to evaluate how the accident likely occurred. Then they will compile a settlement demand package to the insurance adjuster.
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 they will not be fair in negotiations, your car accident attorney can file a lawsuit in civil court and take your claim to trial.
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 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 fault for your accident, you will receive $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 Winnebago County, IL.
Serious Injuries in Winnebago County, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your life, leading to long-term physical, emotional and economic 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 damage to the brain. Symptoms can range from mild, such as a headache or loss of balance, to severe, such as loss of consciousness or permanent cognitive impairment.
- 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 the worst case scenario, they can cause paraplegia or quadriplegia.
- Fractures — 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 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 scarring.
At Burger Law, we know how serious injuries can completely turn your life upside down. But, with the help of Burger Law, you can find justice, recognition and a financial recovery. Call us now for a free consultation at (314) 500-HURT.