Is It Worth It to Hire Car Accident Attorney in Woodstock, IL?
Each car accident is different. For many, a car accident is a jarring 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. However, to receive the compensation you are rightfully owed, you may 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 factors 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'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 other 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 government vehicle
Resources to Help With Your Woodstock, IL Car Accident Claim
At Burger Law, we believe that our role as your personal injury law firm is more than simply presenting your case and communicating 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 make the most of their injury claims. Our team has written 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 Woodstock, IL Car Accident Claim
When you are facing a legal issue, it is crucial to pick the best law firm to represent you. Burger Law is highly 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 case.
Award-Winning Attorneys That Deliver
It can be hard to know how to choose the best personal injury lawyer for you. You want someone who has won your type of case before and who you know will not back down from a fight. In order to have a good understanding of the abilities of a law firm, you need to look at their previous victories, and their reputation among their clients and peers. The many awards, honors and accolades Burger Law has received from the Woodstock, 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 attorneys in the country
- 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. Fewer than 4 percent of all practicing attorneys are certified by an ABA accredited certification board.
Empathetic and Experienced Attorneys
At Burger Law, we know the terrible financial, physical and mental burdens an injury can create. That is why we strive to build personal relationships with our clients. With more than 30 years of experience, our attorneys have the knowledge and expertise to handle even the most complex legal cases. We are dedicated to helping our clients achieve the best possible outcome, and we work relentlessly to ensure that their rights are protected. You need to spend your energy on healing; trust in us to take on the insurance company.
Customized Approach
At Burger Law, we know that no two clients or cases are the same. That is why we take a personalized approach to each case. 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 dedicated to excellence in everything we do. We have high moral expectations for ourselves and the insurance adjusters we stand up to. 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 one of the highest-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 Woodstock, 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 Do You Determine Liability in Car Accident in Woodstock, IL?
Determining fault in a car wreck 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 625 ILCS 5/11-1003.1, all drivers owe all others on the road "due care."
- Breach of duty — That they neglected their responsibility. Did they drive with excessive speed or drive under the influence of alcohol or drugs?
- Cause in fact — That the accident caused your injury. For example, you were t-boned and broke your arm.
- Proximate cause — That their negligence caused the crash. Were you rear ended because a driver was distracted, or because a mechanic was negligent and their brakes were not working.
- 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?
Liability is determined by a police officer, insurance adjuster, attorney, mediator or jury. In some cases, the negligent driver will admit fault, but too often negligent 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 analyze the police report and other evidence to assign liability. While adjusters are trained to do this, their primary goal is to make sure their company's profits stay high by denying and minimizing claims. That means they may say they do not owe you a recovery, 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 investigate the case further, take depositions of all parties involved, 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 claim might require a mediation, where a neutral third party tries to help both parties come to a fair settlement. 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 bare.
Meaning, if your damages total $100,000 but you share 30 percent of the fault 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.
Meaning, if you are more than 50 percent to blame for the accident, you cannot make a recovery in Woodstock, IL.
Serious Injuries in Woodstock, IL Car Accidents
Serious injuries in car accidents have a significant impact on your life, causing long-term physical, mental and economic consequences. Some common examples of serious injuries in car accidents include:
- 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 severe, 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 severe cases, they can lead paraplegia or quadriplegia.
- 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 damage to the internal organs, such as the heart, lungs, liver and others, and require prompt 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 scarring.
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 immediately for a free consultation at (314) 500-HURT.