Do I Need a Car Accident Attorney in Wood Dale, IL?
There are countless factors involved in car accidents that make each case different. For many, a car accident is an upsetting event that leaves your head spinning. Regardless of the specifics, when you are hurt in a car accident caused by someone else, you are entitled to compensation from the responsible person and their insurance company. To get the full compensation for your damages, you may require the help of 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 situations that call for legal representation. It is vital that you have a car accident attorney to fight for your in the following situations:
- You sustained serious injuries in a car accident
- The insurance company's offer does not come close to fairly compensating 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 saying you are at fault
- You are dealing with complex legal issues, such as being in a multi-car accident, hit and run accident or were hit by a commercial vehicle
Resources for Your Wood Dale, 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 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, created a Youtube channel and is always available to answer questions.
Other Resources
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Why Choose Burger Law For Your Wood Dale, IL Car Accident Claim
When you are injured through no fault of your own, it is important to pick the best law firm to represent you. Burger Law is a well-respected and experienced law firm that has been defending the rights of the injured for over three decades. Below are some of the reasons why you should choose Burger Law for your case.
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 Wood Dale, 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 the cases they have won, and their reputation among their clients and peers. The numerous awards, honors and accolades Burger Law has received from the Wood Dale, IL legal community include:
- Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy 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 lawyers are certified by an American Bar Association accredited certification board.
Empathetic and Experienced 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. After having fought for more than three decades, our attorneys are willing to take on the tough cases other law firms are not. 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; 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 customize 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 committed to offering the highest standard of legal advocacy. We have high moral standards for the way we pursue compensation and the way we communicate with our clients. We leave no stone unturned when we investigate cases and search for insurance coverage.
Our Ratings 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 check out our client testimonials and case victories.
Get a free consultation with an car accident attorney in Wood Dale, IL immediately at (314) 500-HURT, or keep reading to find out more about car accident claims and what Burger Law can do for you.
How is Fault Determined in Car Accident in Wood Dale, IL?
Assigning liability in a car wreck 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 a responsibility to keep you from unreasonable harm. Under 625 ILCS 5/11-1003.1, all motorists owe all others on the road "due care."
- Breach of duty — That they neglected their obligation. Did they drive with excessive speed or drive drunk?
- Cause in fact — That the accident directly led to 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 speeding, or because a manufacturer was negligent and their brakes were not working.
- Damages — That you sustained harm because of the 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 fault, but too often reckless drivers deny they did anything wrong. After an accident, police officers will write a report explaining what they believe happened. Then, insurance adjusters will evaluate the police report and other evidence to assign liability. While adjusters are trained to do this, their primary goal is to save their insurance company money. That means they may say they do not have to compensate you, even if that is patently untrue.
When that happens, you need to hire a car accident attorney to ensure that you are treated fairly. The attorney will obtain more evidence, take depositions of all parties involved, and hire crash experts to determine how the accident likely occurred. Then they will compile a settlement demand package to the insurance adjuster.
If the insurance company refuses to be fair, your claim might require a mediation, where a neutral third party helps analyze the evidence and determine fault. 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 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 fault for your injury, you can recover $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 Wood Dale, IL.
Catastrophic Injuries in Wood Dale, IL Car Accidents
Serious injuries in car accidents have a significant impact on your life, causing 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 head is violently shaken or struck, causing damage to the brain. Symptoms can range from mild, such as a headache or temporarily blurry vision, to grave, such as loss of consciousness or lifelong 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 the worst case scenario, they can lead 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 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 upend your life. 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.