Is It Worth It to Hire Car Accident Attorney in Winthrop Harbor, IL?
Each car accident is different. 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 are entitled to compensation from the person who caused you harm and their insurance company. To get the full compensation for your damages, you will often 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 important that you have a car accident attorney to fight for your if the following applies to your case:
- Your injuries are severe
- The insurance company is lowballing you
- The other driver is uninsured or underinsured
- You need help with the insurance and legal process
- The negligent driver or their insurance company is blaming you for your injuries
- You are dealing with complex legal issues, such as those involving multiple parties, hit and run accident or were hit by a commercial vehicle
Resources to Help With Your Winthrop Harbor, 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 have also taken it upon ourselves to provide free materials and resources to people injured in car accidents to to help them through their injury claims. Our team has published books on car accident and personal injury cases, created a Youtube channel and is always available to answer questions.
Other Resources
View More FAQs
Why Choose Burger Law For Your Winthrop Harbor, IL Car Accident Claim
When you are facing a legal issue, it is crucial to choose the right law firm to fight for you. Burger Law is a reputed and experienced law firm that has been protecting the rights of the injured for over 30 years. Here are some of the reasons why you should choose Burger Law for your claim.
Premier Attorneys That Get Results
Choosing the right personal injury lawyer for your claim is crucial. You want someone with a history of winning similar cases and who you know is not afraid to take the case to trial if they have to. In order to gauge the abilities of an injury 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 our peers include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable 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 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. Fewer than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.
Empathetic 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 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 achieve the best possible outcome, and we work faithfully to ensure they do. You need to focus on healing; allow us to fight the insurance company.
Personalized 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 keep in constant contact so you know the status of your claim.
Dedication to Excellence
At Burger Law, we are devoted to excellence in everything we do. We have high ethical standards for the way we handle cases and the way we communicate with our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Reviews and Victories
Any car accident attorney can say they will fight for you, 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 look at our client testimonials and case victories.
Discuss your case for free with an car accident attorney in Winthrop Harbor, IL now at (314) 500-HURT, or keep reading to find out more about seeking compensation in a car accident and how Burger Law can help.
How Do You Determine Liability in Car Accident in Winthrop Harbor, IL?
Assigning liability in a car crash 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 a responsibility to keep you safe. Under Illinois Law, all drivers owe all others on the road "due care."
- Breach of duty — That they failed in their responsibility. Did they drive with excessive speed or drive drunk?
- Cause in fact — That the accident directly led to your injury. For example, you were rear ended and that gave you a whiplash injury.
- Proximate cause — That their negligence caused the crash. Were you rear ended because a driver was following you too close, or because a mechanic 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 can be determined through numerous factors. In some cases, the other driver will admit that they are to blame, but too often negligent 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 evaluate the police report and other evidence to determine liability. While this is part of an adjuster's job, their real job is to pay out as little money as possible. That means they may say they do not have to compensate you, even if that is demonstrably false.
When that happens, you need to hire a car accident attorney to ensure you get the compensation you are owed. The attorney will acquire more evidence, 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 change their position.
If the insurance company refuses to be fair, your attorney may recommend 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 can recover 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.
Meaning, if you share more of the blame than the other party, you cannot make a recovery in Winthrop Harbor, IL.
Catastrophic Injuries in Winthrop Harbor, IL Car Accidents
Catastrophic injuries in car accidents have devastating consequences for your daily life and future, causing long-term physical, emotional and financial consequences. Some common examples of serious injuries in car accidents include:
- Traumatic brain injuries (TBI) — This can occur when the the brain shakes 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 lifelong dysfunction.
- Spinal cord injuries — These can occur when the spinal cord is damaged, resulting in loss of movement or sensation in the arms, legs or other parts of the body. In the worst case scenario, they can cause permanent paralysis.
- Broken bones — 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 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 be made whole again. Call us now to discuss your case at (314) 500-HURT.