Personal Injury Lawyer in O’Fallon, IL

Burger Law defends the rights of those who are injured because of negligent and reckless actions. If you or someone you love are seriously injured all because someone else behaved recklessly or irresponsibly, Burger Law’s personal injury lawyers in O’Fallon, IL demand the recovery you are owed and fight for you every step of the way. Reach out to Burger Law today at (618) 500-HURT or contact us online.

If you want to know how much compensation you may be owed in O’Fallon, or anywhere in Illinois, complete our free personal injury calculator.

The negligent parties that injured you are financially and legally responsible for taking care of your injuries and paying you 100 percent of what you are owed, but that does not mean they will do it willingly. Burger Law’s personal injury lawyer team fights hard for the injured against whoever is standing in the way of justice. That includes anything from making claims against drunk drivers, holding negligent doctors, product manufacturers, animal owners accountable, suing the government, to getting justice and financial security for a family after the wrongful death of a loved one. If you have questions about your case, the damages you may be able to recover or other questions regarding Illinois personal injury claims, speak to one of our personal injury lawyers in O’Fallon, IL today at (618) 500-HURT.

Why Burger Law Is The O’Fallon, IL Personal Injury Law Firm For You

Choosing the right personal injury lawyer for you is of utmost importance. 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 have a good understanding of the abilities of a law firm, you need to look at the cases they have won, and their reputation among their clients and peers:

Nationally Recognized O’Fallon, 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 not more than 5 percent of all attorneys 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 honor 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 lawyers are certified by an ABA accredited certification board.

Cases Our O’Fallon Personal Injury Lawyers Have Won

Our O’Fallon, IL personal injury lawyers have a demonstrated history of getting great results. We fight all who have hurt our clients, and we insist on absolute justice and compensation. Our lawyers are dedicated to providing our clients amazing legal representation, and we take tremendous pride in our well-deserved victories. Check out some of 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 important to remember that no two cases are the same, and what you may be eligible to recover is going to depend on the your specific accident. We fight for you so that there is no money left on the table.

You are also an individual person with unique needs, which means that the kind of lawyer that works for you may not be the right fit for someone else. Our philosophy is that carefully selecting the right attorney to represent you upfront can hugely benefit all parties. To help you make that decision, our attorneys make themselves available to talk and answer legal questions for free. Get started by contacting us online now or check out some of these free resources created by our Illinois personal injury lawyers:

• List of Illinois facts, laws and resources
• Free ebooks written by Gary Burger on the ins and outs of various types of personal injury cases and real client success stories
• 500+ informative videos on our YouTube channel @BurgerLaw
• A blog regularly updated with new posts on important legal concepts related to Illinois personal injury law and news

Burger Law Client Success Stories

In addition to the videos below, you can check out more client testimonials here.

What Is a Personal Injury Claim in O’Fallon, IL?

Under Illinois and U.S. law, you have a right to file a personal injury claim to get a financial recovery for the wrong done by another person’s negligence, and to achieve justice. The objective of insurance settlements and civil litigation is to make one whole. The goal is convert all the ways an injury affected you into a dollar amount.

In some cases, no lawyer, settlement or verdict is can truly return you to how things were before the 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 receive medical care for the rest of your life, no one can truly make that go away. What empathetic 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.

Is it Worth Hiring Personal Injury Lawyer in O’Fallon, 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 O’Fallon, IL. The question to ask when thinking about whether or not to hire a lawyer is, can they increase my compensation? If your injuries were minor, 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 should hire an attorney in O’Fallon, IL under the following circumstances:

• There is a dispute about liability, or the insurance company says the accident are your fault
• The initial settlement offer is well below the cost of your damages
• Your injuries are significant and require ongoing medical treatment
• There more than one party that is liable for your injuries
• Your damages are more than the liable policyholder’s policy limits

Our initial conversations and investigations are free, and we will always be honest with you about how much value we can add your claim. Our personal injury lawyers work on a contingency-fee basis, meaning you only pay after you have received the full compensation you are owed, and we have no reason to accept you as a client if we do not think we can significantly increase the value of your claim.

What Do You Need to Prove to Win a Personal Injury Claim in O’Fallon, IL?

While state statutes can be complex, whether or not you have a claim generally depends on one particular question: did another person’s negligence cause you injuries? From a legal standpoint, you must 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 motorists all owe everyone on the O’Fallon, IL roads a duty of care, or store owners need their properties to be reasonable safe for anyone who legally enters. Other times, a particular relationship must have been agreed to, for instance the relationship between a doctor and patient or between a vendor and a buyer.
2. Breach of duty — Did the other party neglect that obligation? Did a driver hit you because they were not following the rules of the road? Did a physician fail to diagnose a condition? Did a dog owner let their dog roam unleashed?
3. Cause-in-fact — You must show how the breach of duty caused your injuries. For instance, you broke your arm when your car was t-boned, or had bad side effects from a prescription drug.
4. Proximate cause — This determines who needs to be held accountable. If you were injured in an auto accident, it is usually because another driver was not driving properly. But if the brakes were defective, someone in the vehicle’s chain of distribution may be ultimately liable.
5. Damages — Finally, you have to 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 wages you could not earn while you were not able to work. With access to your medical records, an attorney will be able to establish your financial losses with an insurance company. Once we establish financial losses, we can also seek a financial recovery for pain and suffering damages.

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 O’Fallon, IL before. Call a personal injury lawyer now at (618) 500-HURT.

Types of Cases Our O’Fallon, IL Personal Injury Lawyers Win

Practicing injury law in O’Fallon, IL requires that your lawyers and firm have a vast knowledge of the different types of cases that people deal with. Knowing the difference between how the law applies to auto accidents, medical malpractice and slip and falls is essential. A lawyer who only knows how to deal with car insurance companies may not be the best choice to get you full compensation in a different claim. At Burger Law, we know how to hold the liable party accountable in any type of claim. We have won millions for our Illinois clients in the following types of cases:

Auto Accidents

The Bureau of Justice Statistics estimates that there are about 400,000 personal injury claims annually. Just over half of those result from auto accidents, such as:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents

Truck accidents can be especially catastrophic because trucks emit an incredible amount of force, and motorcyclists, bicyclists and pedestrians are all at heightened 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 keep everyone else on the road safe. If someone breaks the rules of the road and you end up hurt, you have an auto accident claim against them.

Sometimes, a vehicle manufacturer, construction company or governmental entity may be at fault. Your Burger Law personal injury lawyer will perform a comprehensive investigation into your claim to find out who and what exactly caused your injuries.

Premises Liability

Property owners and managers have a duty to take reasonable measures to make sure their property does not carry any risks for people who are not trespassing. If you are injured in a slip and fall because a property was unreasonably dangerous, you may have a premises liability claim. 740 ILCS 130/, also known as the Illinois Premises Liability Act, mandates that property owners owe a duty of care to people who legally enter their property that is “of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” Generally, if there is a hazardous condition that is not obvious, the owner needs to either fix 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
• Overly steep inclines
• 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 lead to a valid premises liability claim. If you were in a part of a property you were not allowed to be, did not pay attention to warning signs, for example a “wet floor sign,” or were running or not behaving in a safe manner, it might be hard to get compensation. Successful premises liability claims depend on the following:

• The owner or manager created the hazardous conditions; or
• The owner or manager was aware of the condition and neglected to repair it; or
• The owner or manager tried to fix the danger 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 store or insurance adjuster in O’Fallon, IL may tell you they are not liable for your slip and fall injuries because they had no idea about the condition or because you are to blame. Do not believe them, and do not accept any settlement offer until you have spoken to a personal injury lawyer.

Medical Malpractice

Based on data from John Hopkins University, medical errors are responsible for over 250,000 deaths annually. While not all of those constitutes negligence, when it does, you can make a medical malpractice claim.

Proving a medical malpractice claim will come down to 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 making a claim against, would treat whatever ailment you saw them for.

Under 735 ILCS 5/2-622, any medical malpractice lawsuit needs to be filed along with 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 essential that the physician who writes the affidavit is in the same practice area and geographic region as the health professional you are making a claim against. An anesthesiologist in Chicago is held to a different standard of care than a general practitioner in Kadoka, South Dakota. Burger Law has a network of expert witnesses in O’Fallon and in other parts of Illinois who can help verify that your medical malpractice suit is valid.

Common instances of medical malpractice in O’Fallon, IL include:

• Nursing home negligence
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Forgetting to remove objects during surgery
• Hospital communication errors
• Failure to secure consent
• Failing to order tests that a prudent doctor would
• Blowing off a patient’s complaints
• Not changing course when their treatment plan is not working
• Prescription errors

Dog Bites

Every day, almost 1,000 people require emergency care for dog bites, and annually about 12,600 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 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 are minor, others result in reconstructive surgeries or permanent disfigurement. Regardless of the severity of your injuries, you likely need an experienced and skilled O’Fallon, IL personal injury lawyer to ensure you get the best possible compensation you are owed.

Product Liability

Strict liability also applies to anyone involved in the chain of distribution of a defective product. There are three types of product liability claims in O’Fallon, IL:

1. Design defect — This is a defect that occurs even if the product is manufactured correctly. This could include an SUV that is prone to rollover accidents, 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 every product with the same design. Examples include a bug getting caught in a soda can, or improperly attached electrical outlets.
3. Insufficient instructions — This refers to a product that did not carry sufficient warnings when it was put to foreseeable use. For example, an electric shaver not mentioning that shock can occur if used in the shower.

In order to have a successful claim, you must demonstrate that the product was “unreasonably dangerous” when it was used in a way a manufacturer could anticipate, that it caused your injuries and that you had not substantially altered 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 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 O’Fallon, IL?

The journey to securing maximum compensation for your injuries begins the day you are injured. While some accidents and injuries settle fairly early, others go completely through to a jury trial. Generally, the personal injury claims process includes:

• Getting Medical Treatment — Get medical care as soon as possible after an injury, and keep attending all treatments that your physician recommends. Waiting too long could bring complications to your claim, and not getting the full treatment will lower both your economic and noneconomic damages. Our personal injury lawyers work with several reliable O’Fallon, IL doctors, chiropractors and physical therapists who can help you in your recovery.
• Speaking With an Attorney — Even if you do not know if you need an attorney, it is best to know what your options are as soon as possible. A good lawyer will be honest with you about whether or not their services are needed.
• Investigation and Documentation — Once you have retained a lawyer’s services, your personal injury lawyer will perform a full investigation into the circumstances surrounding your injuries, ascertain every liable party and obtain the evidence required for full 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 know how much your claim is worth, we will send a settlement demand package to the liable party’s insurance company. In the package we will include full documentation of all of your damages, and demand a financial recovery for all the ways your injuries have affected you. Usually, they will respond with a lower offer, 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 file a lawsuit in court, which begins the formal process of your claim going to trial. During this time, both parties continue negotiating.
• Mediation — Mediation is often the last chance for a settlement before trial. In mediation, an objective third party listens to 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, the “discovery” phase begins. In this phase, we will speak to eyewitnesses and expert witnesses, gather 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. Indeed, many times we have gotten a fair settlement offer in the weeks immediately before trial. However, if the insurance company refuses to do the right thing, we will defend your rights in front of a judge and jury. 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 O’Fallon, IL 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 from our initial consultation to full compensation, keep you up to date on the status of your claim and oversee all documentation, negotiation and litigation so you can focus on your physical recovery.

How Much Is My Personal Injury Claim in O’Fallon, IL Worth?

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

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

Though rare, we may also be able to pursue punitive damages if the liable harmed you intentionally 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 available to get you the best possible financial recovery.

What Is the Time Limit for Personal Injury Claims in Illinois?

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 when the injury occurred, 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 should have discovered 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, 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 (618) 500-HURT.

Some of the types of cases we handle in O’Fallon include:

• Personal injury
• Car accident
• Truck accidents
• Motorcycle accidents
• Wrongful death

Speak to Personal Injury Lawyer in O’Fallon, IL Now

Burger Law’s O’Fallon, IL personal injury lawyers hold ourselves to the standard of zealous representation. That means we start working for your recovery the moment you hire us, investigate your case thoroughly, stand up to insurance companies on your behalf and do not give up until you get the maximum compensation you are owed. We offer the highest standard of legal representation; all of our advice will be sincere and in your best interest, but we always leave the ultimate decisions on your claim to you and your O’Fallon, 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 O’Fallon, IL personal injury lawyer now at (618) 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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