Personal Injury Lawyer in Elburn, IL

Burger Law fights on behalf of those who are injured due to negligent and reckless
actions. When you or a family member has been injured all because someone else behaved recklessly or irresponsibly,
Burger Law’s personal injury lawyers in Elburn, 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.

If you want to know the value of your personal injury claim in Elburn, or anywhere in Illinois, check out our free personal injury calculator.

Those who injured you are financially and legally responsible for taking care of your injuries and paying
you all 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 our clients against anyone who is trying to keep them from the recovery they deserve. We
handle a variety of cases, including making claims against large trucking companies, holding negligent healthcare
professionals, product manufacturers, pet owners responsible, taking the fight to the government, to securing justice
and financial security for a family after a loved one passed too soon. 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 Elburn, IL immediately at (779) 800-HURT.

Why Burger Law Is The Elburn, IL Personal Injury Law Firm For You

Choosing the right personal injury lawyer for your case is essential. 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 take into account their previous successes, and their reputation among their clients and other attorneys:

Award-Winning Elburn, IL Personal Injury Lawyers

The many awards and recognition Burger Law has received
from other attorneys include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a significant
  achievement awarded to not more than 5 percent of all lawyers in the United States
• 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 comprised of the most qualified lawyers 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
  attorneys are certified by an ABA accredited certification board.

Personal Injury Lawyer Elburn, IL – Cases We Have Won

Our Elburn, IL personal injury lawyers fight for the full rights and recoveries of our clients. We fight all who harm
our clients, and we fight for a full recovery every time. Our firm is committed to giving our clients amazing legal
representation, and we take tremendous pride in our hard-fought successes. Read about 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 case is unique, and what you may be eligible to recover is going to be based
entirely upon the circumstances of your claim. We fight for you so that there is no money left on the table.

Burger Law Client Success Stories

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

Definition of a Personal Injury Claim in Elburn, IL

Under Illinois and U.S. law, you have a right to file a personal injury claim to get monetary reimbursement for the
injuries another person caused, and to achieve justice. The objective of insurance settlements and civil litigation is
to make you whole. The goal is to put you in the same position you were in
before sustained the damages caused by another’s negligence.

In some cases, no lawyer or financial award can fully “put back” all the things you lost in an injury. While you can be
reimbursed for medical expenses, lost wages and other financial losses, 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 treatment for
the rest of your life, no amount of money can make that go away. What empathetic and experienced personal injury lawyers
like those at Burger Law can do is ensure your injuries are recognized, and to give you financial security as it relates
to your injuries.

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

While some cases can be successfully navigated without a lawyer, most of the time you will need one to recover the full
value of your claim in Elburn, IL. The question to ask when considering whether or not you need a lawyer is, can they
increase my compensation? If your injuries were minor, you have minimal lost wages and the other party’s fault
is clearly established, a lawyer might not be necessary. But, you should hire legal representation in Elburn, IL under
the following circumstances:

• There is disagreement over liability, or the insurance company says the injuries are your fault
• The initial settlement offer is well below what you are owed
• Your injuries are significant and require extensive care
• There are multiple parties that is liable for your damages
• Your damages exceed an insurance company’s policy
  limits

We offer consultations for 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 Elburn, IL?

While legal doctrine 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? If so, legally speaking 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. Sometimes, a duty
   of care is assumed, as motorists all owe everyone on the Elburn, IL roads a duty of care, or store owners need
   their properties to be reasonable safe for anyone who legally enters. Other times, a unique relationship must be
   established, such as the relationship between a doctor and patient or between a vendor and a buyer.
2. Breach of duty — Did someone neglect that
   responsibility? Did a driver hit you while they were looking at their phone? Did a physician not order the
   appropriate tests? Did a trucking company force their employee to drive longer than regulations allow?
3. Cause-in-fact — You must demonstrate how the
   accident resulted in your injuries. For instance, you received a concussions after being thrown off your
   motorcycle, or were burned by a defective product when it overheated.
4. Proximate cause — This determines who needs to be held accountable. If you were hit by a vehicle, the
   liable party is usually the driver that hit you. But if the tires were defective, a manufacturer or mechanic may
   be the one who is ultimately liable.
5. Damages — Finally, you must demonstrate that the incident resulted in economic harm. In personal injury
   cases, this is usually medical expenses and lost wages. With access to your medical records, damages are easy to
   prove with the help of an attorney. Once we establish financial losses, we can also 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 Elburn, IL who has won a similar claim
before. Call a personal injury lawyer today at (779) 800-HURT.

Types of Claims Our Elburn, IL Personal Injury Lawyers Handle

Practicing injury law in Elburn, IL requires that you have a vast knowledge of the different types of cases that people
deal with. Knowing the difference between a car accident case and a truck accident case seems simple, but there are many
different regulations and statutes concerning truck accidents 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 get great results whenever negligence results in an
injury. Cases we take on in Elburn and throughout Illinois include:

Auto Accidents

The Bureau of Justice Statistics estimates that there are about 400,000 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 cause serious injuries because of the amount of force they carry in an accident, and motorcyclists,
bicyclists and pedestrians are all at increased risk of catastrophic injury or death as they do not have the same
protection closed-vehicle occupants have. 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, causes an accident and
injures you, you can file a claim.

Sometimes, a vehicle manufacturer, construction company or governmental entity may have at least contributed to your
injuries. Your Burger Law personal injury lawyer will conduct a comprehensive investigation into your accident to find
out who and what exactly caused your injuries.

Premises Liability

Property owners and managers have a responsibility to take reasonable measures to make sure their property does not
carry any risks for people who are not trespassing. If you sustain damages 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,
mandates that proprietors owe 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 there is a dangerous condition that is not
obvious, the owner has a responsibility to either repair the hazard, 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
• Rugs that are not flat
• Wiring
• 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 in a part of a property you were
not allowed to be, ignored warning signs, for example 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 unsafe conditions; or
• The owner or manager knew about the danger and neglected to repair it; or
• The owner or manager tried to repair 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 store or insurance company in Elburn, 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 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 over 250,000 deaths each
year. While not every error amount to malpractice, when it does, you can make a medical malpractice claim.

Your medical malpractice cases is based on what
is known as the standard of care. The standard is how a prudent doctor, in a specific field
and specific location, would treat a specific condition.

Pursuant to 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 essential that the physician corroborating your allegations has the same training and practices in the same area
as the health professional you are making a claim against. A neurologist 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 Elburn and all over Illinois who
can corroborate that your doctor violated the standard of care.

Common instances of medical malpractice in Elburn, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis
  and failure to diagnosis
• Forgetting to remove objects after surgery
• Hospital system 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
• Prescription errors

Dog Bites

Every 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 has the second-highest rate of dog bites in
the country.

510 ILCS 5/, the Illinois Animal Control Act, mandates that a dog
owner is strictly liable for your the injuries their
dog causes, as long as you did not provoke it and were not trespassing. “Strict liability” means that the owner is
automatically liable, whether they were negligent or not. 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 expensive surgeries or permanent scarring. In any case, you likely need
an experienced and skilled Elburn, IL personal injury lawyer to secure you the maximum compensation you deserve.

Product Liability

Like dog owners, anyone in the chain of distribution of a product is strictly liable for the damages stemming from a defective product. There are three categories
of product liability claims in Elburn, 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 rat droppings getting caught in packaging, or a
   seatbelt with a loose screw that comes undone during impact.
3. Insufficient instructions — 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 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 know how to get great results whenever a rule breaker injured someone else. One of
the benefits of choosing a Burger Law Elburn, IL personal injury lawyer is that our team takes on all types of personal
injury claims, 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 Elburn, IL?

The path to getting a financial settlement or verdict for your injuries can be long and complex. While some accidents
and injuries settle fairly early, others can take several years before a jury finally renders a decision. Generally, the
personal injury claims process consists of:

• Getting Medical Care — Get medical treatment immediately after an injury, and follow your doctor’s
  treatment plans to a “T.” The insurance company will be harder to deal with if you wait, and not getting the
  full treatment will reduce your final payout. Our personal injury lawyers know experienced Elburn, IL doctors,
  chiropractors and physical therapists who can ensure you recover physically as best as possible.
• Consulting With an Attorney — Even if you are not sure you are going to need to hire a lawyer, you need
  to consult with one as soon as possible so they can become familiar with your case. A good attorney will tell
  you bluntly what your legal recourses are.
• Investigation and Documentation — Once you have legal representation, your personal injury lawyer will
  perform 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 can help by keeping a record of every dollar
  you have spent because of 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, the insurance company will counter our offer with a lower number, and
  we keep negotiating until they agree to pay for 100 percent of your damages.
• 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 — Mediation is often the last option for an agreement before trial. In mediation, an unbiased
  third party listens to arguments from both sides and tries to get everyone to reach an agreement.
• Pre-Trial — If mediation fails, we will go into the pre-trial “discovery” phase. In discovery, 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. In fact, many times we
  have gotten the settlement we were seeking in the weeks immediately before trial. However, if the insurance
  company still cannot see reason, the case will go 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 Elburn, 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 documentation, negotiation and litigation so you can spend your energy on
healing.

What Types of Compensation Are Available in My Elburn, 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 capacity if your injuries result in permanent disability
  • Medical bills, 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

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

What Is the Time Limit for Personal Injury Claims in Elburn, 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 important 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 hesitate to contact an attorney. Call a personal injury lawyer today at (779)
800-HURT.

Other cases we win in Elburn, 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 Elburn, IL Now

Burger Law’s Elburn, IL personal injury lawyers fiercely believe in zealous representation. That means we start working for
your recovery 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 are owed. We offer the highest level 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 Elburn, 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 Elburn, IL personal injury lawyer now at (779) 800-HURT or contact us online for
a free consultation.