Personal Injury Lawyer in Naperville, IL

Burger Law defends the rights of those who are injured because someone else broke the rules. If you has been injured all because someone else behaved recklessly or irresponsibly, Burger Law’s personal injury lawyers in Naperville, IL demand the recovery you are owed and fight for you every step of the way. Reach out to Burger Law now at (779) 800-HURT or fill out our online form.

To calculate how much compensation you may be owed in Naperville, or anywhere in Illinois, use our free personal injury calculator.

Those who harmed you are responsible for compensating you for all of your damages, but they will not do it willingly. Burger Law’s personal injury lawyer team fights back for the injured against anyone who is trying to keep them from the money they are owed. That includes anything from suing drunk drivers, holding negligent doctors, product manufacturers, store owners accountable, taking the fight to City Hall, to getting justice and financial security for a family after the wrongful death of a family member. If you want to understand if you have a claim, the damages you may be able to recover or anything else about the personal injury claims process, speak to one of our personal injury lawyers in Naperville, IL immediately at (779) 800-HURT.

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

Choosing the right personal injury lawyer for your claim is crucial. You want someone who has won your type of case before and who is not afraid to take your case all the way to trial if they have to. In order to gauge the abilities of an injury law firm, you need to look at their previous successes, and what their clients and peers say about them:

Award-Winning Naperville, IL Personal Injury Lawyers

The numerous awards and recognition Burger Law has received from other lawyers include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to less 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 honor that is comprised 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 ABA accredited certification board.

Personal Injury Lawyer Naperville, IL – Cases We Have Won

Our Naperville, IL personal injury lawyers fight for the full rights and recoveries of our clients. We fight all who harm our clients, and we insist on nothing but maximum compensation. Our lawyers are dedicated to giving our clients the highest standard of legal representation, and we take tremendous pride in our hard-fought successes. Read about our recent victories in personal injury claims 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 worth mentioning that every case is unique, and the financial recovery you receive is going to be based entirely upon the your specific accident. We calculate the full extent of your damages so that there is no money left on the table.

Burger Law Client Testimonials

Beyond the videos below, you can watch more client testimonials here.

What Is a Personal Injury Claim in Naperville, IL?

Under Illinois and U.S. law, you have a right to file a personal injury claim to get monetary reimbursement for the damage done by another person’s negligence, and to achieve justice. The recovery you receive is meant to make you whole. The goal is convert all the ways an injury affected you into a dollar amount.

Sometimes, no outcome in your claim can truly return you to how things were before the injury. While you can be reimbursed for medical expenses, lost wages and other financial losses, other damages are harder to quantify. If a family member died, 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 experienced personal injury lawyers like those at Burger Law can do is ensure your injuries are recognized, and to give you relief from the financial losses resulting from your accident.

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

That depends on the specifics of your case, but most of the time, yes, you will need a personal injury lawyer to ensure no money is left on the table in Naperville, IL. The important question is, can they increase my compensation? If your injuries were not significant, you have minimal lost wages and the other party’s fault is clearly established, you may not need an attorney. But, you will need a lawyer in Naperville, IL if the following is true about your claim:

• There is a dispute about liability, 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 are multiple parties that is liable for your injuries
• Your damages exceed an insurance company’s policy limits

We offer consultations for free, and we are always honest about how much we can help your claim. Our personal injury lawyers work on a contingency-fee basis, meaning you do not pay until we win your case, and we have no reason to accept you as a client if we do not think we can get you substantially more money.

Do I Have a Personal Injury Claim in Naperville, IL?

While civil law can be confusing, whether or not you have a claim depends on the answer to one specific question: did another person’s negligence cause you injuries? From a legal standpoint, you have to prove the five elements of negligence:

1. Duty of care — You first need to show that the person you are making a claim against owed it to you to value your safety. Sometimes, a duty of care is assumed, as Naperville, IL driver owe everyone else on the roads a duty of care, or dog owners owe it to others to keep their dog from biting anyone. In other cases, a unique relationship must have been agreed to, for example the relationship between a doctor and patient or between a vendor and a buyer.
2. Breach of duty — Did the liable party fail in that obligation? Did a driver crash into you you because they were drunk? Did a doctor misdiagnose a condition? Did a trucking company force their employee to drive longer than regulations allow?
3. Causation — You must prove how the breach of duty caused your injuries. For example, you received a concussions after being thrown off your bicycle, or had bad side effects from a prescription drug.
4. Proximate cause — This determines who ultimately is to blame. If you were injured in an auto accident, it is usually because another driver was not driving properly. But if the tires were defective, someone in the vehicle’s chain of distribution may be ultimately liable.
5. Damages — Finally, you must demonstrate that you sustained some form of financial loss as a direct result of your injuries. In personal injury cases, this is usually medical bills and lost wages. If you hold onto your medical bills, an attorney will be able to establish your financial losses with an insurance company. Once we establish financial losses, we can also pursue compensation for less tangible losses.

The only way to know for certain if you have an injury claim is to consult with an attorney who has handled your type of claim in Naperville, IL before. Call a personal injury lawyer now at (779) 800-HURT.

What Are Common Personal Injury Case in Naperville, IL?

Being a personal injury lawyer in Naperville, IL requires that you know how negligence laws apply to a wide range of cases. Knowing the difference between the laws and defendants applicable to different types of claims is paramount. A lawyer who only knows how to deal with car insurance companies may not have the experience to take on other cases. At Burger Law, we know how to hold the liable party accountable whenever negligence results in an injury. Cases we specialize in in Naperville and throughout Illinois include:

Auto Accidents

The Bureau of Justice Statistics estimates that there are 300,000 to 500,000 personal injury claims annually. Just over half of those are auto accident claims, such as:

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

Truck accidents can be especially catastrophic because of the amount of force they carry in an accident, and motorcyclists, bicyclists and pedestrians are all at increased risk of being severely injured due to their relatively limited protection. Under 625 ILCS 5/11-1003.1, all motorist must “exercise due care” to avoid colliding with anybody or anything else on the Illinois roads. If a driver is negligent, causes an accident and injures you, you can file a claim.

In some cases, a vehicle manufacturer, construction company or governmental entity may have at least contributed to your injuries. Your Burger Law personal injury lawyer will perform a comprehensive investigation into your accident to find every liable party and hold them accountable.

Premises Liability

Proprietors have a duty to ensure their premises is safe for people who are legally on it. If you sustain damages in a slip and fall because a property was unreasonably dangerous, you deserve compensation. 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.” Generally, if something that is not obvious makes the property dangerous, the owner has a responsibility to either repair the condition, post signage or rope it off. 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
• Poor lighting
• Black ice
• Wet concrete
• Debris such as litter, fallen leaves and branches, rocks, etc
• Uneven rugs
• Electrical cords
• In-ground sprinklers or hardscape features hidden in the grass
• Broken safety rails

Not all injuries on a property result in a premises liability claim. If you were trespassing, ignored warning signs, for example a “wet floor sign,” or were running or acting dangerously, it might be hard to get compensation. Successful premises liability claims depend on the following:

• The owner or manager created the dangerous conditions; or
• The owner or manager knew about the danger and failed to repair it; or
• The owner or manager tried to fix the hazard 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 adjuster in Naperville, IL may tell you they are not liable for your slip and fall injuries because they should not have been reasonable expected to repair or warn against the accident or because the accident was your fault. That is not true, and always speak with a personal injury lawyer before accepting any settlement.

Medical Malpractice

Based on research from John Hopkins University, medical errors are responsible for over a quarter of a million deaths each year. While not every error amount to malpractice, when it does, a healthcare professional needs to pay for breaking your trust.

Proving a medical malpractice claim is based on what is referred to as the standard of care. The standard refers to how a reasonable healthcare professional, in the same area and with the same training as the one you are making a claim against, would treat a specific condition.

Under 735 ILCS 5/2-622, any medical malpractice lawsuit 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 negligent doctor, 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 imperative that the health professional corroborating your allegations has the same training and practices in the same area as the health professional you are suing. An anesthesiologist in Chicago has a different standard of care than a pediatrician in Camden, Maine. Burger Law has a network of expert witnesses in Naperville and all over Illinois who can corroborate your claim.

Common examples of medical malpractice in Naperville, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Forgetting to remove objects during surgery
• Hospital communication errors
• Failure to secure consent
• Not ordering tests that a prudent doctor would
• Ignoring a patient’s complaints
• Not seeking a second opinion or recommending a different treatment plan when theirs is not working
• Prescription errors

Dog Bites

Each day, almost 1,000 people seek emergency care for dog bites, and every year about 12,600 people are hospitalized. According to a Chicago Tribune article, Illinois insurance companies pay out the second-most money for dog bites than any state in the country.

510 ILCS 5/, the Illinois Animal Control Act, stipulates that the owner of a dog is strictly liable for your the injuries their dog causes, 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 scarring. Regardless of the seriousness of your injuries, trust in a Burger Law Naperville, IL personal injury lawyer to secure you the best possible financial recovery you are owed.

Product Liability

Strict liability also applies to anyone involved in the chain of distribution of a defective product. There are typically three theories a personal injury lawyer will use to make a product liability claim in Naperville, 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 a power tool whose safety guards do not offer sufficient protection.
2. Manufacturing defect — This type of defect affects several individual products instead of an entire line of products. Examples include a bug getting caught in a soda can, or improperly attached electrical outlets.
3. Insufficient instructions — This refers to instructions 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 recover compensation, you must demonstrate that the product carried inherent risks when it was used in a way a manufacturer could anticipate, that it caused your injuries and that the product had not been “substantially” changed from its state at the initial sale.

Burger Law’s personal injury lawyers will take on any case in which a rule breaker injured someone else. One of the benefits of choosing a Burger Law Naperville, IL personal injury lawyer is that we are not limited to any one type of claim, and have won your type of claim before. 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 Naperville, IL?

The path to securing maximum compensation for your injuries begins the second 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 Treatment — Seek medical treatment as soon as possible after an injury, and keep attending all treatments that your physician recommends. The insurance company will be harder to deal with if you wait, and not getting the full treatment will reduce how much compensation you receive. Our personal injury lawyers know trustworthy Naperville, IL doctors, chiropractors and physical therapists who can ensure you recover physically as best as possible.
• 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 lawyer will be honest with you about whether or not their services are needed.
• Investigation and Documentation — Once you have legal representation, your personal injury lawyer will carry out a complete investigation into the circumstances surrounding your injuries, ascertain who we need to hold accountable and acquire the evidence they need to get you maximum compensation. You can help by keeping detailed records of your expenses related to your injuries, and how keeping a journal detailing how your injuries have affected your life.
• Settlement Demand and Negotiations — Once we have determined the full extent of your damages, we will send a settlement demand package to the liable party’s insurance company. 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. Most of the time, they will respond with a lower offer, and we keep negotiating until they agree to pay for 100 percent of your damages.
• Filing a Lawsuit — If the insurance company will not be fair in negotiations, we will file a lawsuit in court, which begins the formal process of your claim going to trial. While the case is being litigated, 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 listens to arguments from both sides and tries to get everyone to reach an agreement.
• Pre-Trial — If mediation fails, the “discovery” phase begins. In discovery, we will speak to eyewitnesses and expert witnesses, acquire more evidence and both parties will share with the other what they plan to use as evidence in trial.
• Trial — Only six percent of personal injury claims go to trial. In fact, many times we have gotten the settlement we were seeking just before trial begins. However, if the insurance company refuses to do the right thing, we will defend your rights in court. Trial consists of:
  • Voir dire
  • Opening statements
  • Testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Most of our Naperville, IL clients have never been through the personal injury claims process before, and do not know what to expect. Burger Law will be your advocate every step of the way, be there to answer all of your questions and manage all documentation, negotiation and litigation so you can focus on your physical recovery.

What Compensation Can I Recover In My Naperville, IL Personal Injury Claim?

In general, your compensation will fall into two categories: economic damages and non-economic damages:

• Economic damages compensate you for your financial losses related to your injuries, for instance:
  • Lost wages
  • Lost earning potential 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 at-fault harmed you on purpose or they were incredibly reckless. Examples can include a drunk driver, or a doctor who performs surgery after drinking. While punitive damages are rarely awarded, your Burger Law personal injury lawyer will pursue every legal avenue We can to get you the best possible financial recovery.

How Long Do I Have to File a Personal Injury Claim in Naperville, IL?

In Illinois, the statute of limitations is shorter than most states at just two years, under 735 ILCS 5/. That means you must file a claim within two years of when the injury occurred. However, there are three notable exceptions:

1. If you were a minor at the time of injury, you have two years to file a claim after your 18th 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 a minor at the time. Then you would have until four years after your 18th birthday.

While two years may seem like a long time, thoroughly investigating an injury and developing a legal strategy takes time. Do not delay in speaking to an attorney. Call a personal injury lawyer today at (779) 800-HURT.

Other types of claims we handle in Naperville, IL include:

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

Speak to Personal Injury Lawyer in Naperville, IL Now

Burger Law’s Naperville, 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 give up until you are awarded the full compensation you deserve. 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 Naperville, 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 Naperville, IL personal injury lawyer now at (779) 800-HURT or contact us online for a free consultation.