Illinois Car Accident Lawyer | Auto Collision Attorneys

When you or someone you love is seriously injured in a car accident that was not your fault, you need a competent car accident attorney that can secure the damages you deserve and hold the negligent driver or company responsible for the harm they have caused. Call now or contact us online to discuss your case with an Illinois car accident attorney for free.

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Our Illinois car accident attorney team is prepared to take on your car accident case and force the responsible party to take accountability for their actions. We have a proven record of success in hundreds of car accidents and other personal injury cases, representing some of the toughest car accident claims and recovering millions for our clients. Find out how we can help you and your family recover from your accident with a free, no-obligation consultation.

Our Illinois car accident attorneys have gotten great results in a variety of car accident claims, including:

Do I Need a Lawyer for My Illinois Car Accident Claim?

Each car accident is different, and every person’s reaction to the experience is unique. For many, a car accident is a jarring event that leaves your head spinning. Regardless of the specifics, when you are injured in a car accident that was not your fault, you deserve compensation from the responsible person and their insurance company. To get the full compensation for your damages, you may need a fearless 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 important that you have a car accident attorney on your side in the following situations:

You sustained serious injuries in a car accident
The insurance company is not offering a fair settlement
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 other driver disputes liability or fault in the accident
You are dealing with complex legal issues, such as those involving multiple parties, hit and run accidents or government vehicles

Resources to Help With Your Illinois Car Accident Claim

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 education and resources to people injured in car accidents to help them make the most of their injury claims. Our team has published books on car accident and personal injury cases and is always available to answer questions online.

Other Resources

Why Choose Us For Your Illinois Car Accident Claim

When you are facing a legal issue, it is important to choose the right law firm to represent you. Burger Law is a well-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 legal needs.

Compassionate and Experienced Attorneys

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 to handle even the most complex legal cases. We are committed to helping our clients achieve the best possible outcome, and we work tirelessly to ensure that their rights are protected. You need to focus on healing; let us take on the insurance company.

Personalized Approach

We know that every client and every case is unique. That is why we take a personalized approach to each case, tailoring our legal strategies to meet the specific needs of each case. Our attorneys take the time to get to know our clients, explain the legal process to them and keep in constant contact so you know the status of your claim.

Commitment to Excellence

We are committed 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 attorneys are knowledgeable and experienced, and they use their expertise to provide their clients with the highest standard of legal advocacy.

How is Fault Determined in an Illinois Car Accident?

Determining fault in a car accident 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 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 failed in their obligation. Did they run a red light or drive drunk?
Cause in fact — That the accident caused your injury. For example, you were rear ended and that gave you a whiplash injury.
Proximate cause — That the breach of duty caused the crash. Were you rear ended because a driver was distracted, or because a manufacturer was negligent and their brakes were not working.
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 can be determined through a number of factors. In some cases, the other driver will admit fault, but too often negligent people try to avoid taking responsibility for their actions. 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 assign blame. While adjusters are trained to do this, their primary goal is to save their insurance company money. That means they may deny that it was the other driver’s fault, 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 gather more evidence, take depositions of both drivers and eyewitnesses, and hire crash experts to interpret photographs and the damage to both vehicles to show how the accident occurred. Then they will send this information to the insurance adjuster to get them to change their position.

If the insurance company remains firm, 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 will be compensated 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 blame for your injury, 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.

That means that if you are over 50 percent to blame for the accident, or bear most of the fault, you will not be able to recover any compensation in Illinois. Your Illinois car accident attorney will know how to prove that you are not responsible for the harm someone else caused.

Serious Injuries in Illinois Car Accidents

Serious injuries in car accidents have a significant impact on your life, leading to 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 head is violently shaken or struck, causing damage to the brain. Symptoms can range from mild, such as a headache or confusion, to severe, such as loss of consciousness or permanent disability.
Spinal cord injuries — This 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 severe cases, it can cause permanent paralysis.
Broken bones — Fractures 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 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.

What is the Car Accident Claim Process in Illinois?

The car accident claim process can be long, and many of our Illinois clients do not know what to expect when making a claim. While the specifics of each injury and accident are different, the personal injury claims process usually stays pretty consistent:

Gathering evidence at the scene — The first step you need to take is to gather as much evidence as possible, including the names and contact information of the drivers involved, insurance information and the names and contact information of any witnesses. Take photos of the vehicles involved and the scene of the accident. If you or someone else was seriously injured, call 911. Otherwise, call a non-emergency line so the police can come and make their report.
Seeking medical attention — While this is obviously necessary to ensure you recover safely, it also has implications for how successful your claim will be. You cannot make a claim for an injury if there is no documentation of that injury. Save all medical expenses and records, and get every kind of treatment and go to every appointment your doctor recommends. The higher your medical bills, the more you will receive in compensation. If you do not go to the emergency room or urgent care, make an appointment with your doctor for a day or two after the accident.
Reporting the accident — If you did not call police to the scene, you should file a police report in the following days. Report the accident to both insurance companies – most require you to report it within 30 days.
Consulting with and hiring a car accident attorney — Any time you are injured in a car accident, you need to speak with an attorney quickly. If your injuries were minor and you did not lose much time from work, an attorney might not be able to add value to your claim. Higher damages almost always require an attorney to get fair compensation. A good lawyer will be honest with you about how they can help your claim and how much more money they can get you. As our attorneys work on a contingency-fee basis, meaning we take a percentage of your compensation as our fees and only get paid after we win, we have no reason to take on your claim unless we think we can add significant value to it.
Investigation and documentation — Your attorney will gather and evaluate the evidence needed to prove your car accident claim while you continue treatment. They will find out if there are multiple liable parties or if there is more insurance coverage available if your damages exceed the policy limits. During this phase, you should keep detailed records of how your injuries are affecting you. In addition to your medical bills, keep records of any over-the-counter medications or out-of-pocket expenses, and the lost wages you have incurred from time off work.
Settlement demand and negotiations — Once your attorney knows the value of your claim, they will send a settlement demand letter to the insurance company, detailing how their policyholder caused your injuries, and insisting on full compensation. The insurance company will likely respond with a lower offer, but your Illinois car accident attorney will continue to demand the full amount.
Filing a lawsuit — If a settlement cannot be reached with the insurance company, your attorney will file a lawsuit to seek compensation through the court system. A lawsuit begins the formal process of the claim going to trial. We want to put the insurance company on their heels and know that we mean business. Often, the threat of a lawsuit from reputable trial attorneys is enough to get the insurance adjuster to finally be fair.
Continued negotiations, mediation and pre-trial — Filing a lawsuit does not mean negotiations are off the table. We always prefer to get our clients their compensation as quickly as possible, so we will continue negotiating and may seek mediation in the hopes of avoiding a trial. During this phase, we will also carry out the pre-trial “discovery phase.” In discovery, both sides will gather testimony and more evidence, and request documentation from the other side as well as from third parties. You and the defendant will both take depositions and be questioned by both lawyers under oath. This is how each side develops their argument for trial.
The trial — The Bureau of Justice Statistics reported in 2005 that 96 percent of personal injury claims are settled out-of-court. Still, on the off chance you do go to trial, your car accident attorney will fight for your rights in front of a judge and jury. A trial has six steps:
1. Voir dire, or jury selection
2. Opening statements
3. Testimony and cross-examination
4. Closing arguments
5. Jury instruction
6. Jury deliberation and verdict
In a jury trial, the jury will follow the judge’s instructions to determine a) if the other party is liable for your injuries, and b) the total extent of your damages in a dollar amount.

The car accident claim process can be complex and time-consuming, but an experienced car accident attorney can help guide you through the process and ensure that you receive the full compensation you deserve. Whether we get you a settlement quickly or have to pursue intense litigation, when you hire a Illinois car accident attorney, you will get a full recovery. We will not stop fighting until you get it.

Mistakes to Avoid in Your Illinois Car Accident Claim

While lawyers can do a great deal to help your claim, you have to be careful not to hurt it. Making mistakes in a car accident claim can jeopardize your ability to get a full recovery. Here are some common mistakes to avoid in your car accident claim:

Failing to seek prompt medical attention — It is important to seek medical attention as soon as possible after a car accident, even if you do not feel like you are seriously injured. Some injuries may not become apparent until days or even weeks after the accident. If you wait too long to get medical treatment, the insurance company may say your injuries were caused by something else, or cannot be that bad if you waited so long. If you do not seek medical attention at all, you will not have documentation of your injuries and expenses, and likely will not be able to make a claim.
Failing to gather evidence at the scene — It is understandable to be nervous or shell-shocked after an accident, but try to keep a cool head and remember to document what you can. You will not be able to get certain evidence like pictures of the surrounding area and eyewitness contact info later on. You want as much evidence possible to help in your claim.
Giving recorded statements to the insurance company — Be cautious about giving recorded statements to the insurance company, as these statements can be used against you later. Instead, it is best to consult with an experienced car accident attorney before providing any statements to the insurance company. When you first report the accident, tell them what happened in a concise manner. After that, let your attorney handle communication with them, and only give a recorded statement after being prepped by your attorney.
Accepting a quick settlement offer — Insurance companies may offer you a quick settlement in order to resolve your claim quickly and cheaply. However, this settlement will likely be a lowball offer. The insurance adjuster may try to say they cannot or will not offer more – do not believe them until you speak to an attorney.
Failing to keep records — Keeping accurate records of all expenses related to your accident, including medical bills, lost wages and other damages, is crucial. This will help ensure that you receive full compensation for all of your damages. You can keep a journal detailing how your injuries affect you physically and emotionally to keep records of your non-economic damages.
Posting on social media — It is natural in today’s world to want to share life events with the online community, but do not post anything about your injuries or what you have been doing on social media. The insurance company will be looking at your accounts and take note of anything they can use against you. If you say your injuries make walking painful, but post pictures of you and your friends at a bowling alley, it may undermine your claim.
Not calling an experienced car accident attorney — An experienced car accident attorney can help you navigate the legal process, protect your rights and ensure that you receive the full compensation you deserve. Our consultations are free, so there is no risk in calling us to look over your claim. Speak to an experienced and knowledgeable Illinois car accident attorney now.

How Much Compensation Should I Expect in a Car Accident Settlement in Illinois?

The amount of compensation you can expect in a car accident claim will depend on several factors, including the severity of your injuries and how they have affected your life. Typically, compensation in a car accident claim can include:

Medical expenses — This can include costs for hospitalization, surgery, rehabilitation and ongoing medical treatment.
Lost wages — If you have been unable to work as a result of your injuries, you deserve compensation for lost income and benefits.
Out-of-pocket expenses — This can include compensation for transportation to and from medical appointments, or having to hire help to do household chores.
Non-economic damages — This is compensation for the physical and emotional distress you have experienced as a result of the accident, as well as permanent disability, scarring or loss of enjoyment of life.

It is important to note that each car accident is unique and the compensation you can receive will depend on the specific circumstances of your case. It will also depend on the skill and tenacity of your Illinois car accident attorney. We will demand you get 100 percent of the compensation you deserve.

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Speak to Car Accident Attorney in Chicago and Illinois Today

Car accidents can be a traumatic and confusing experience, but seeking the services of a car accident attorney can take the pressure off. We work hard to communicate with you and demand fair payment from the responsible party’s insurance company, giving you confidence that we are on the job and care about your case. We work relentlessly to get you all the compensation to which you are entitled and to make the responsible party pay for their negligence. The Illinois car accident attorneys of McCready Law are tough on insurance companies because you deserve the financial relief that will help make you and your family whole again.

If you or a family member have been injured or killed in a car accident caused by someone else, you deserve compensation. To get the complete damages you are owed, you need a skilled and dedicated car accident attorney fighting for you. Begin today by speaking to a real lawyer about your case for free in a complimentary, no-obligation consultation. Call us today or fill out our online contact form now.