Personal Injury Lawyer in Decatur, IL

Burger Law defends the rights of those who are injured due to the negligence of another. When you are seriously injured in an accident or incident caused by another person’s actions, Burger Law’s personal injury lawyers in Decatur, 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 contact us online.

To calculate the value of your personal injury claim in Decatur, or anywhere in Illinois, complete our complimentary personal injury calculator.

Those who injured 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 our clients against anyone who is trying to keep them from the compensation they are owed. We handle a litany of cases, including making claims against large trucking companies, holding negligent physicians, product manufacturers, dog owners responsible, taking the fight to the government, to securing justice and financial security for Decatur residents after the wrongful death of a loved one. If you want to know if you have a claim, what compensation you are owed or anything else about the personal injury claims process, call our personal injury lawyers in Decatur, IL now at (779) 800-HURT.

Why Choose Burger Law’s Decatur, 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 take into account the cases they have won, and what their clients and peers say about them:

Acclaimed Decatur, IL Personal Injury Lawyers

The many awards and accolades 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 country
• Million and Multi-Million Dollar Advocate Honor — Members of the Million and Multi-Million Dollar Advocates Forum, an honor only given to 1 percent of attorneys in the United States.
• Top 100 Trial Lawyers Honor — Selected to the Top 100 Trial Lawyers by The National Trial Lawyers, an invitation-only award that is made up of the most qualified attorneys in each state.
• Board Certified By the National Board of Trial Advocacy — Board certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the National Board of Trial Advocacy. Less than 4 percent of all practicing lawyers are certified by an American Bar Association accredited certification board.

Personal Injury Lawyer Decatur, IL – Cases We Have Won

Our Decatur, IL personal injury lawyers fight for the full rights and recoveries of our clients. We take on all who have hurt our clients, and we fight for a full recovery every time. Our firm is committed to providing our clients the highest standard of legal advocacy, and we have great pride in our well-deserved successes. Read about our case results 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 every injury comes with its own set of circumstances, and what you may be eligible to recover is going to be based entirely upon the your specific injuries. We fight for you so that we get the maximum amount of compensation possible.

Burger Law Client Success Stories

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

What Is a Personal Injury Claim in Decatur, IL?

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

Sometimes, no attorney, settlement or verdict is can truly return you to how things were before the injury. While you can be reimbursed for medical expenses, time spent off work recovering and other financial losses, other damages cannot truly be expressed through dollar signs. If a family member died, you lost a limb, are disfigured or will have to live the rest of your life in chronic pain, no one can truly make that go away. What empathetic and experienced personal injury lawyers like those at Burger Law are able to do is secure you fair compensation in order to provide a sense of justice and recognition, and to provide you with financial security as it relates to your accident.

Is it Worth Hiring Personal Injury Lawyer in Decatur, IL?

While some cases can be successfully navigated without a lawyer, most of the time you will need one to ensure no money is left on the table in Decatur, IL. The important question is, can they increase my compensation? If your injuries were minor, you have minimal lost wages and the insurance adjuster is being reasonable, you may not need an attorney. But, you should hire a lawyer in Decatur, IL under the following circumstances:

• There is disagreement about who is at fault, or you are being blamed for your injuries
• The initial settlement offer is well below the cost of your damages
• Your injuries are serious and require extensive 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 are always straightforward about whether or not it is worth it for you to hire our services. Our personal injury lawyers take on cases based on a contingency-fee, meaning you only pay after you have received the full compensation you are owed, and we have no reason to take on your claim if we do not think we can significantly increase your final payout.

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

While state statutes can be complex, whether or not you can seek compensation depends on the answer to one particular question: did someone else’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 a responsibility to care for your safety. In some cases this is automatic, as motorists all owe everyone on the Decatur, IL roads a duty of care, or dog owners owe it to others to keep their dog from biting anyone. Other times, a special relationship must have been agreed to, for instance a doctor-patient relationship or a vendor-patron relationship.
2. Breach of duty — Did the liable party fail in that duty? Did a driver hit you because they were not following the rules of the road? Did a doctor prescribe the wrong dosage? Did a trucking company force their employee to drive longer than regulations allow?
3. Cause-in-fact — You must show how the accident resulted in your injuries. For instance, you received road rash after being thrown off your motorcycle, or were burned by a defective product when it overheated.
4. Proximate cause — This determines who ultimately is at fault. If you were rear ended, it is usually because another driver broke the rules of the road. But if the tires were defective, a manufacturer or mechanic may be the one who is ultimately liable.
5. Damages — Lastly, you need to demonstrate that the incident resulted in financial losses. In most cases damages are medical expenses and lost wages. If you hold onto your medical bills, an attorney will be able to establish your financial losses with an insurance company. After proving economic damages, we can seek compensation for pain and suffering damages.

If you have any doubts about whether or not you have a case, speak to a lawyer in Decatur, IL who has won a similar claim before. Get in touch with a personal injury lawyer today at (779) 800-HURT.

Types of Claims Our Decatur, IL Personal Injury Lawyers Win

Being a personal injury lawyer in Decatur, IL mandates 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 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 hold the liable party accountable no matter the circumstances. We have won millions for our Decatur, IL clients in the following types of cases:

Auto Accidents

The Bureau of Justice Statistics estimates that there are about 400,000 personal injury claims in any given year. Just over half of those are auto accident claims, including:

• 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 heightened risk of being severely injured due to their relatively limited protection. Under 625 ILCS 5/11-1003.1, anyone behind the wheel must “exercise due care” to keep everyone else on the road safe. 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 be fully or partially to blame for your injuries. Your Burger Law personal injury lawyer will conduct a complete investigation into your accident to find every liable party and hold them accountable.

Premises Liability

Property owners and managers have an obligation to take reasonable measures to make sure their property does not carry any risks for people who are legally on it. 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 referred to as the Illinois Premises Liability Act, stipulates that property owners 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.” Essentially, if there is a dangerous condition that is not obvious, the owner has a responsibility to either fix the hazard or warn against it. Examples of hazardous conditions are:

• Spills
• A recently mopped floor
• Broken concrete on a walkway
• Broken stairs
• Broken decks and balconies
• Potholes
• Overly steep inclines
• Ledges
• Poorly lit stairs and walking paths
• Black ice
• Wet concrete
• Debris such as litter, fallen leaves and branches, rocks, etc
• Uneven rugs
• Stray cords
• In-ground sprinklers or hardscape features hidden in the grass
• Absence of safety rails

You do not automatically have a claim just because a property had a dangerous condition. If you were trespassing, did not pay attention to warning signs, such as a “wet floor sign,” or were running or not acting in a safe manner, it might be hard to get compensation. The following must be true in order to make a claim:

• The owner or manager created the hazardous conditions; or
• The owner or manager knew about the condition and neglected to fix it; or
• The owner or manager tried to fix the risk and repaired 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 Decatur, IL may try to convince you that they do not owe you anything because they should not have been reasonable expected to repair or warn against the accident or because the accident was your fault. Do not believe them, and always speak with a personal injury lawyer before accepting any settlement.

Medical Malpractice

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

Your medical malpractice cases is based on what is called the standard of care. The standard is how a reasonable healthcare professional, in a specific field and specific location, would treat whatever ailment you saw them for.

Under 735 ILCS 5/2-622, any medical malpractice claim 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 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 corroborating your claim is in the same practice area and geographic region as the health professional you are suing. An anesthesiologist in Chicago is held to a different standard of care than a pediatrician in Decorah, Iowa. Burger Law relies on a network of expert witnesses in Decatur and throughout Illinois who can corroborate that your doctor violated the standard of care.

Common examples of medical malpractice in Decatur, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Forgetting to remove objects after surgery
• Hospital communication errors
• Failure to secure consent
• Not ordering tests that a prudent doctor would
• Blowing off a patient’s complaints
• Not changing course when their treatment plan is not working
• Prescribing the wrong medication or the wrong dosage

Dog Bites

Each day, almost 1,000 people seek emergency medical treatment for dog bites, and every year dog bites lead to about 12,600 hospitalizations. 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, mandates that the owner of a dog is strictly liable for your the injuries their dog causes, as long as there was no provocation and you were legally allowed to be where you were. “Strict liability” means that the owner is liable as a matter of law and you do not have to prove negligence. This means that the owner owes you a recovery regardless of how they acted.

While some dog bites are minor, others can lead to expensive surgeries or lifelong disfigurement. In any case, you likely need an experienced and skilled Decatur, IL personal injury lawyer to secure you the full 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 Decatur, IL:

1. Design defect — This is a defect that occurs even if the product is manufactured correctly. 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 packaging, or a seatbelt with a loose screw that comes undone during impact.
3. Failure to warn — This refers to a product that did not carry sufficient warnings when it was put to foreseeable use. For example, a medication that does not include certain side-effects in the labeling.

In order to make a product liability claim, 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 someone was injured due to another’s negligence. One of the benefits of choosing a Burger Law Decatur, 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.

What Is the Personal Injury Claims Process in Decatur, IL?

The journey to getting a financial settlement or verdict for your injuries begins the second you are injured. While some cases only take a few months, others go completely through to a jury trial. In total, the personal injury claims process includes:

• Getting Medical Treatment — Get medical care as soon as possible after an injury, and follow your doctor’s treatment plans to a “T.” If you delay, it could bring complications to your claim, and not attending all your appointments will reduce your final payout. Our personal injury lawyers know trustworthy Decatur, 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, you need to know what your options are as soon as possible. A good attorney will be straightforward with you about the value of your claim and how they can help.
• Investigation and Documentation — Once you have hired an attorney, your personal injury lawyer will carry out a full investigation into the circumstances surrounding your injuries, determine who we need to hold accountable and gather the evidence needed for maximum compensation. You can help by keeping detailed records of your expenses related to your injuries, and how they affect your day-to-day 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 how we calculated 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 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, both parties continue negotiating.
• Mediation — Mediation is often the last chance for an agreement before trial. In mediation, an unbiased third party will try to get each party to accept the merits of the other side’s arguments.
• Pre-Trial — If mediation fails, the “discovery” phase begins. In this phase, we take depositions of eyewitnesses and expert witnesses, gather more evidence and both parties will share with the other what they plan to bring up at trial.
• Trial — It is rare that a personal injury claim makes it all the way to trial. Indeed, 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, the case will go 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 Decatur, IL personal injury lawyers have never had to deal with seeking compensation for an injury before, and do not know what to expect. Burger Law will be your advocate from our initial consultation to full compensation, be there to answer all of your questions and oversee all documentation, negotiation and litigation so you can focus on your physical recovery.

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

Typically, there are two types of damages you can seek in a personal injury claim: economic damages and non-economic damages:

• Economic damages compensate you for your financial losses resulting from your injuries, including:
  • Lost wages
  • Lost earning potential 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 the less tangible aspects of your injuries, such as:
  • 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 at-fault harmed you on purpose or they were grossly negligent. 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 We can to get you the best possible financial recovery.

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

In Illinois, the statute of limitations is relatively short at two years for most personal injury claims, under 735 ILCS 5/. That means you must file a claim within two years of when the injury occurred. However, there are three noteworthy 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 your 22nd birthday.

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

Other types of claims we win in Decatur, 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

Speak to Personal Injury Lawyer in Decatur, IL Now

Burger Law’s Decatur, IL personal injury lawyers hold ourselves to the standard of zealous representation. That means we get started on your case immediately, investigate your case thoroughly, stand up to insurance companies on your behalf and do not give up until you are awarded the maximum compensation you are owed. We offer the highest standard of legal representation; 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 Decatur, 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 Decatur, IL personal injury lawyer now at (779) 800-HURT or contact us online for a free consultation.