Why Hire a Car Accident Attorney in Winnetka, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is a jarring 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 compensation from the responsible person and their insurance company. However, to receive the compensation you are rightfully owed, you will often require the help of 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, there are certain situations that call for legal representation. It is crucial that you have a car accident attorney on your side if the following applies to your case:
- Your injuries are significant
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- 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 being in a multi-vehicle accident, hit and run accident or were hit by a government vehicle
Resources for Your Winnetka, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm extends beyond arguing 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. Burger Law 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.
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Why Choose Burger Law For Your Winnetka, IL Car Accident Claim
When you are facing a legal issue, it is crucial to pick the right law firm to fight for you. Burger Law is highly respected and experienced law firm that has been fiercely fighting for the injured for more than three decades. Below are some of the reasons why you should choose Burger Law for your claim.
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 Winnetka, 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 their previous victories, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from other attorneys include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant achievement awarded to less than 5 percent of all attorneys in the United States
- 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 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 lawyers are certified by an American Bar Association accredited certification board.
Compassionate and Knowledgeable Attorneys
At Burger Law, we know the terrible financial, physical and mental burdens an injury can cause. That is why we strive to build personal relationships with our clients. After having fought for over 30 years, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are devoted to helping our clients achieve the best possible outcome, and we work faithfully to ensure they do. You need to spend your time on healing; let us fight the insurance company.
Personalized Approach
At Burger Law, we know that no two clients or cases are the same. 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.
Dedication to Excellence
At Burger Law, we are dedicated to providing the highest standard of legal advocacy. We have high moral 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 Ratings and Victories
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 check out our client testimonials and case victories.
Get a free consultation with an car accident attorney in Winnetka, IL immediately at (314) 500-HURT, or keep reading to find out more about pursuing compensation in a car accident and what Burger Law can do for you.
How is Fault Determined in Car Accident in Winnetka, IL?
Assigning fault in a car crash is the first step toward collecting damages. Liability comes down to proving the five elements of negligence:
- Duty of care — That the other driver had an obligation to keep you safe. Under Illinois Law, all drivers need to "exercise due care to avoid colliding" with others on the road.
- 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 crash 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 looking at their phone, or because a manufacturer was negligent and the other driver has faulty brakes.
- Damages — That you sustained losses because of the injuries. Do you have medical expenses, 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 fault, but too often irresponsible 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 review the police report and other evidence to determine fault. While adjusters are trained to do this, 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 patently false.
In those cases, 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 both drivers and eyewitnesses, and hire crash experts to evaluate how the accident likely occurred. Then they will send this information to the insurance adjuster to get them to be fair.
If the insurance company remains firm, your attorney may recommend mediation, where a neutral third party helps analyze the evidence and determine fault. If that fails, 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 can recover for the percentage of the accident that is not your fault.
Meaning, if your damages total $100,000 but 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 share more of the blame than the other party, you cannot make a recovery in Winnetka, IL.
Devastating Injuries in Winnetka, IL Car Accidents
Devastating injuries in car accidents have devastating consequences for your life, leading to 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 moves inside of the skull, causing bleeding and disrupting the brain's function. Symptoms can range from mild, such as a headache or fatigue, to significant, 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 sensation in the arms, legs or other parts of the body. In severe cases, they can lead permanent paralysis.
- 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 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 find justice, recognition and a financial recovery. Call us now for a free consultation at (314) 500-HURT.