Personal Injury Lawyer in Elgin, IL

Burger Law fights on behalf of those who get hurt due to negligent and reckless actions. When you or someone you love are seriously injured because of someone else’s negligent behavior, Burger Law’s personal injury lawyers in Glen Carbon, IL demand the recovery you are owed and fight for you every step of the way. Call Burger Law today at (573) 500-HURT or fill out our online form.

To calculate the value of your personal injury claim in Glen Carbon, or anywhere in Illinois, fill out our free personal injury calculator.

Those who hurt you are responsible for compensating you for all of your damages, but that does not mean they will do it willingly. Burger Law’s personal injury lawyer team fights back for the injured against whoever is standing in the way of justice. That includes anything from making claims against drunk drivers, holding negligent healthcare professionals, product manufacturers, store owners responsible, taking the fight to the government, to getting justice and financial security for Glen Carbon residents after a loved one passed too soon. If you have questions about your case, the damages you may be able to recover or other questions regarding personal injury claims, speak to one of our personal injury lawyers in Glen Carbon, IL today at (573) 500-HURT.

Why Choose Burger Law’s Elgin, IL Personal Injury Lawyers For Your Claim

It can be hard to know how to choose the right personal injury lawyer for you. You want someone with a history of winning similar cases and who you know will not back down from a fight. In order to gauge the abilities of an injury law firm, you need to look at the cases they have won, and what their clients and peers say about them:

Award-Winning Elgin, IL Personal Injury Lawyers

The numerous awards and recognition Burger Law has received from other law firms 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 U.S.
• 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.

Personal Injury Lawyer Elgin, IL – Recent Successes

Our Elgin, IL personal injury lawyers have a demonstrated history of getting great results. We fight all who harm our clients, and we fight for a full recovery every time. Our lawyers are devoted to providing our clients the highest standard of legal representation, and we take great pride in our hard-fought successes. Check out some of our recent victories for our personal injury clients below:

• $5 Million Settlement – Father Killed By Reckless Truck Driver
• $3 Million Judgment – Son Murdered by Pam Hupp
• $2.5 Million Settlement for Father’s Fatal Car Accident
• From $0 to $2 Million Car Accident Settlement
• $2 Million Settlement – Injured Woman Settles Highway Crash Lawsuit
• $1.435 Million Settlement For Deck Collapse That Injured Couple
• $1 Million Settlement to Family of Man with Sepsis Infection
• Medical Malpractice Case Settles for Over $1 Million
• $900,000 Medical Malpractice Settlement
• $765,000 Settlement After Fatal Collision
• $600,000 Tractor-Trailer Crash
• $600,000 Settlement – Widow in ATV Accident Settles with Property Owner
• Class Action $600,000 Settlement Against the State of Illinois
• $495,000 Uninsured Motorcycle Verdict
• $400,000 Settlement in Employment Discrimination Case
• $350,000 Settlement in Ladder Case

It is important to remember that every injury comes with its own set of circumstances, and the compensation you are owed is going to depend on the your specific accident. We calculate the full extent of your damages so that we get the maximum amount of compensation possible.

Burger Law Client Testimonials

Beyond the videos below, you can see our full list of client testimonials here.

What Is a Personal Injury Claim in Elgin, IL?

Under Illinois and U.S. law, you have a right to file a personal injury claim to get monetary reimbursement for the injuries someone else is responsible for, and to hold them accountable for breaking the rules. The compensation you receive is meant to make you whole. The idea is to put you in the same position you were in before sustained the damages caused by another’s negligence.

Sometimes, no outcome in your claim can truly “put back” all the things you lost in an injury. While you can be reimbursed for the financial losses you sustained, other damages are harder to quantify. If you lost a loved one, you are permanently disabled, are permanently scarred or will have to live the rest of your life in chronic pain, no legal process can change that. What compassionate and skilled personal injury lawyers like those at Burger Law can do is ensure your injuries are recognized, and to provide you with financial security as it relates to your injuries.

Do I Need a Personal Injury Lawyer in Elgin, IL?

That depends on the specifics of your case, but most of the time, yes, you will need a personal injury lawyer to recover the full value of your claim in Elgin, IL. The question to ask when considering whether or not you need a lawyer is, can they add value to my claim? If your medical expenses are low, you did not miss much time off work and the other party’s fault is clearly established, a lawyer might not be necessary. But, you will need an attorney in Elgin, IL if the following is true about your claim:

• There is a dispute over who is to blame, or the insurance company says the injuries are your fault
• The insurance company is denying they have to cover certain damages
• Your injuries are significant and require extensive care
• There more than one party at fault
• Your damages exceed an insurance company’s policy limits

Our initial conversations and investigations are free, and we will always be honest with you about whether or not it is in your best interest to hire our services. Our personal injury lawyers work on a contingency-fee basis, meaning you do not pay until we win your case, and there is no reason for us to take on your claim if we do not think we can get you substantially more money.

What Do You Need to Prove to Win a Personal Injury Claim in Elgin, IL?

While legal doctrine can be hard to navigate, whether or not you can seek compensation depends on the answer to one specific question: were you injured because someone else was negligent? From a legal standpoint, you need to prove the five elements of negligence:

1. Duty of care — You first need to demonstrate that the person you are making a claim against had an obligation to keep you safe. In some cases this is automatic, as Elgin, IL driver owe everyone else on the roads a duty of care, or store owners need their properties to be reasonable safe for anyone who legally enters. Other times, a special relationship must have been agreed to, such as the relationship between a doctor and patient or between a vendor and a buyer.
2. Breach of duty — Did someone fail in that obligation? Did a driver crash into you you because they were texting and driving? Did a doctor not order the appropriate tests? Did a product manufacturer fail to recall a product they knew was dangerous?
3. Causation — You must demonstrate how the breach of duty resulted in your injuries. For instance, you received a concussions after being thrown off your bicycle, or were burned by a defective product when it overheated.
4. Proximate cause — This determines who ultimately is to blame. If you were rear ended, it is usually because another driver was negligent. But if the tires were not safe, a manufacturer or mechanic may be the one who is ultimately liable.
5. Damages — Finally, you need to show that the incident resulted in economic harm. In personal injury cases, this is usually medical expenses and lost wages. If you hold onto your medical bills, this last part will be fairly easy to prove with the help of an attorney. After proving economic damages, we can pursue a financial recovery for the other ways your injuries have affected you.

If you have any doubts about whether or not you have a case, speak to a lawyer in Elgin, IL who has won a similar claim before. Call a personal injury lawyer now at (573) 500-HURT.

What Are Common Personal Injury Case in Elgin, IL?

Being a personal injury lawyer in Elgin, IL mandates that your lawyers and firm know how liability laws apply to a wide range of cases. Knowing the difference between a car accident case and a truck accident case seems simple, but there are many different laws and statutes that can arise in a truck accident case that play a large role in whether or not the case is successful. A lawyer that only specializes in a certain type of injury claim may not be the best choice to get you full compensation in a different claim. At Burger Law, we know how to secure justice for the injured no matter the circumstances. Cases we take on in Elgin and throughout Illinois include:

Auto Accidents

The Bureau of Justice Statistics estimates that there are about 400,000 personal injury claims in any given year. About 52 percent of those result from auto accidents, for instance:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian Accidents

Truck accidents can be especially catastrophic because trucks emit an incredible amount of force, and motorcyclists, bicyclists and pedestrians are all at increased risk of catastrophic injury or death due to their relatively limited protection. Under 625 ILCS 5/11-1003.1, anyone behind the wheel must “exercise due care” to avoid colliding with anybody or anything else on the Illinois roads. If a driver is negligent and you end up hurt, you can file a claim.

In some cases, a vehicle manufacturer, construction company or governmental entity may be fully or partially to blame for your injuries. Your Burger Law personal injury lawyer will conduct a full investigation into your accident to find out who and what exactly caused your injuries.

Premises Liability

Property owners and managers have a responsibility to ensure their property is not hazardous for people who are legally on it. If you are injured in a slip and fall because a property was unsafe, you may have a premises liability claim. 740 ILCS 130/, also referred to as the Illinois Premises Liability Act, stipulates that proprietors have a duty of care to entrants that is “of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” Basically, if something that is not obvious makes the property dangerous, the owner has a responsibility to either repair the condition or warn against it. Examples of a dangerous condition on a property include:

• Spills
• A recently mopped floor
• Broken concrete on a walkway
• Broken stairs
• Broken decks and balconies
• Potholes
• Sudden changes in surface level
• Ledges
• Poorly lit stairs and walking paths
• Black ice
• Wet concrete
• Debris such as litter, fallen leaves and branches, rocks, etc
• Rugs that are not flat
• Stray cords
• In-ground sprinklers or hardscape features hidden in the grass
• Absence of safety rails

Not all injuries on a property lead to a valid premises liability claim. If you were trespassing, did not pay attention to warning signs, for example a “wet floor sign,” or were running or acting dangerously, you likely do not have a slip and fall claim. Successful premises liability claims depend on the following:

• The owner or manager created the hazardous conditions; or
• The owner or manager knew about the danger and neglected to fix it; or
• The owner or manager tried to fix the condition and fixed it negligently; or
• The owner or manager should have known about the condition, either because it happens often, had been there for an extended length of time or due to other complaints

A property owner or insurance company in Elgin, IL may tell you they do not owe you anything because they should not have been reasonable expected to repair or warn against the accident or because you are to blame. That is not true, and do not accept any settlement offer until you have spoken to a personal injury lawyer.

Medical Malpractice

According to a 2016 study from John Hopkins University, medical errors are responsible for more than 250,000 deaths annually. While not all of those amount to malpractice, when it does, a physician needs to be held accountable for hurting you.

Your medical malpractice cases is based on what is known as the standard of care. The standard is how a prudent healthcare professional, in the same area and with the same training as the one you are suing, would treat whatever ailment you saw them for.

Under 735 ILCS 5/2-622, any medical malpractice suit must be accompanied by an affidavit from a health professional who:

• is knowledgeable in the relevant issues of the claim
• practices or teaches the same field as the doctor you are suing, or has practiced or taught in that field within the last six years
• is qualified to review the facts of your case, and determines your claim is “reasonable and meritorious”

It is vital that the health professional who writes the affidavit has the same training and practices in the same area as the health professional you are suing. A neurologist in Chicago has a different standard of care than a family doctor in Camden, Maine. Burger Law relies on a network of expert witnesses in Elgin and in other parts of Illinois who can corroborate your claim.

Common examples of medical malpractice in Elgin, IL include:

• Nursing home negligence
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Leaving objects in after surgery
• Hospital communication errors
• Lack of consent
• Not ordering tests that a prudent doctor would
• Blowing off a patient’s complaints
• Not seeking a second opinion or recommending a different treatment plan when theirs is not working
• Prescribing the wrong medication or the wrong dosage

Dog Bites

Every day, almost 1,000 people seek emergency care for dog bites, and every year about 12,480 people are hospitalized. According to a Chicago Tribune article, Illinois is the second-highest dog bite state in the country.

510 ILCS 5/, the Illinois Animal Control Act, states that a dog owner is strictly liable for your damages if it bit you, assuming you did not provoke it and were not trespassing. “Strict liability” means that the owner is liable as a matter of law and you do not have to prove negligence. This means, the owner cannot get out of paying you by saying they did not know the dog was aggressive, or that it was not their fault the animal got free.

While some dog bites lead to only superficial wounds, others result in reconstructive surgeries or lifelong disfigurement. In any case, you likely need an experienced and skilled Elgin, IL personal injury lawyer to ensure you get the best possible financial recovery you are owed.

Product Liability

Like dog owners, the designers, manufacturers, distributors and vendors of a product are strictly liable for the damages stemming from a defective product. There are typically three theories a personal injury lawyer will use to make a product liability claim in Elgin, IL:

1. Design defect — This is a defect that was present when the product was initially designed. This could include tables or furniture that naturally tip over, or an electrical appliance that melts when turned on high.
2. Manufacturing defect — This type of defect usually occurs to only one or several individual products, instead of an entire line of products. Examples include rat droppings getting caught in packaging, or a seatbelt with a loose screw that comes undone during impact.
3. Failure to warn — This refers to labeling that does not mention certain risks when the product is put to foreseeable use. For example, an electric shaver not mentioning that shock can occur if used in the shower.

In order to make a product liability claim, you must show that the product was “unreasonably dangerous” when used in a foreseeable manner, that it was the proximate cause of injuries and that you had not substantially modified the product.

Burger Law’s personal injury lawyers will take on any case in which someone was injured due to another’s negligence. One of the great parts of choosing a Burger Law Elgin, IL personal injury lawyer is that our team takes on all types of personal injury claims, and this actually gives our lawyers exceptional experience that they can use to benefit all their clients. We understand that case types often overlap, and having experience with each type of claim gives our team the perfect understanding of how to fight for our clients’ rights and recoveries.

How Does the Personal Injury Claims Process Work in Elgin, IL?

The journey to getting maximum compensation for your injuries starts the day you are injured. While some cases only take a few months, others can take several years before a jury finally renders a decision. In total, the path to getting compensation consists of:

• Getting Medical Care — Seek medical treatment immediately after an injury, and keep attending all treatments that your physician recommends. If you delay, it could bring complications to your claim, and not attending all your sessions will reduce both your economic and noneconomic damages. Our personal injury lawyers know experienced Elgin, IL health professionals who can help you in your recovery.
• Discussing Your Case With an Attorney — Even if you do not know if you need an attorney, you need to consult with one as soon as possible so they can become familiar with your case. A good attorney will be straightforward with you about whether or not their services are needed.
• Investigation and Documentation — Once you have hired an attorney, your personal injury lawyer will conduct a full investigation into the circumstances surrounding your injuries, ascertain every liable party and gather the evidence they need to get you maximum compensation. You should also keep a record of every dollar you have spent because of your injuries, and how keeping a journal detailing how your injuries have affected your life.
• Settlement Demand and Negotiations — Once we know how much your claim is worth, we will send a settlement demand package to those who are liable for compensating you. In the package we will include how we calculated your damages, and demand a financial recovery for all the ways your injuries have affected you. Usually, the insurance company will counter our offer with a lower number, and there will be several back-and-forths until they decide to be truly fair.
• Filing a Lawsuit — If negotiations do not result in fair compensation, we will proceed to litigating the case and setting up a trial. During this time, we will continue negotiating in an effort to avoid a trial.
• Mediation — If a settlement agreement still has not been reached, your personal injury lawyer and the liable party will likely pursue mediation. In mediation, a neutral third party hears arguments from both sides and tries to get everyone to reach an agreement.
• Pre-Trial — If mediation still does not result in a fair settlement, we will go into the pre-trial “discovery” phase. In this phase, we will speak to eyewitnesses and expert witnesses, acquire more evidence and share with and request documentation with the other side.
• Trial — It is rare that a personal injury claim makes it all the way to trial. Indeed, we often finally get a fair settlement offer just before trial begins. However, if the insurance company refuses to do the right thing, we will fight for your compensation in court. Trial consists of:
  • Jury selection
  • Opening statements
  • Testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Most people who speak with our Elgin, IL personal injury lawyers have never been through the personal injury claims process before, and are unsure of what lies ahead. Burger Law will be by your side every step of the way, be there to answer all of your questions and oversee all the legal aspects of your case so you can focus on your physical recovery.

How Much Is My Personal Injury Claim in Elgin, IL Worth?

In general, there are two types of compensation available in a personal injury claim: economic damages and non-economic damages:

• Economic damages compensate you for your financial losses related to your injuries, including:
  • Lost wages
  • Lost earning capacity if your injuries do not allow you to earn a living as you used to
  • Medical costs, past and future
  • Out-of-pocket expenses
• Non-economic damages compensate you for the less tangible aspects of your injuries, including:
  • Pain and suffering
  • Stress and anxiety
  • Loss of ability to enjoy life
  • Scarring and disfigurement
  • Inconvenience
  • Physical impairment
  • Loss of consortium

Though rare, you may also be eligible for punitive damages if the negligent party’s conduct was purposefully harmful or incredibly reckless. Examples can include a drunk driver, or a doctor who performs surgery after drinking. While punitive damages do not apply to most personal injury claims, your Burger Law personal injury lawyer will pursue every legal avenue possible to maximize your compensation.

What Is the Statute of Limitations for Personal Injury Claims in Elgin, IL?

In Illinois, the statute of limitations is relatively short at two years for most personal injury claims, under 735 ILCS 5/. That means the clock starts ticking when your accident occurs, and expires after two years. However, there are three notable exceptions:

1. If you were under 18 at the time of injury, you have until your 20th birthday.
2. If you were under a “legal disability” when the injury occurred, you have two years from the date the disability was “removed.”
3. In medical malpractice cases, you have two years from the date you discovered the injury or could reasonably have been expected to discover the injury. No medical malpractice claim can be made more than four years after the injury occurred, unless you were under 18. Then you would have until four years after your 18th birthday.

While two years may seem like a long time, your attorney will want as much time as possible to build your case. Do not hesitate to contact an attorney. Call a personal injury lawyer today at (573) 500-HURT.

Other cases we take on in Elgin, IL include:

• Survival Action Lawyer in Illinois
• Truck Crash Lawyers in Illinois
• Wrongful Death Lawyers in Illinois
• Semi-Truck Accident Lawyer in Illinois
• Car Accident Attorney in Illinois

HIRE BURGER LAW

Speak to Personal Injury Lawyer in Elgin, IL Now

Burger Law’s Elgin, IL personal injury lawyers fiercely believe in zealous representation. That means we get started on your case the moment you hire us, investigate your case thoroughly, fight back against insurance companies on your behalf and do not let down until you get the full recovery you are owed. We offer the highest level of legal advocacy; all of our advice will be based on the facts of the case and our experience, but we always leave the ultimate decisions on your claim to you and your Elgin, IL family. You do not have to pay for someone else’s careless actions. To start on your road to true recovery, call a Burger Law Elgin, IL personal injury lawyer now at (573) 500-HURT or contact us online for a free consultation.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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