Personal Injury Lawyer in Glen Ellyn, IL

Burger Law defends the rights of those who get hurt because someone else did no respect their safety. When you have sustained serious injuries in an accident or incident caused by another person’s actions, Burger Law’s personal injury lawyers in Glen Ellyn, IL demand the recovery you are owed and fight for you every step of the way. Call Burger Law today at (314) 500-HURT or fill out our online form.

If you want to know how much compensation you may be owed in Glen Ellyn, or anywhere in Illinois, use our free personal injury calculator.

The negligent people 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 anyone who is trying to keep them from the recovery they are owed. We handle a litany of cases, including making claims against drunk drivers, holding negligent physicians, product manufacturers, store owners responsible, suing the government, to getting justice and financial security for Glen Ellyn residents after the wrongful death of a loved one. If you want to understand if you have a claim, the damages you may be able to recover or other questions regarding personal injury claims, speak to one of our personal injury lawyers in Glen Ellyn, IL now at (314) 500-HURT.

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

It can be difficult to know how to choose the right personal injury lawyer for you. You want someone with a history of winning similar cases and who is not afraid of a fight. In order to have a good understanding of the abilities of a law firm, you need to take into account the cases they have won, and their reputation among their clients and peers:

Acclaimed Glen Ellyn, IL Personal Injury Lawyers

The many awards and honors Burger Law has received from other law firms include:

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to less than 5 percent of all lawyers 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 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 lawyers are certified by an ABA accredited certification board.

Personal Injury Lawyer Glen Ellyn, IL – Cases We Have Won

Our Glen Ellyn, IL personal injury lawyers have a demonstrated history of getting great results. We fight all who have injured our clients, and we fight for a full recovery every time. Our attorneys are devoted to providing our clients amazing legal representation, and we have tremendous pride in our well-deserved successes. 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 worth mentioning that no two cases are the same, 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 we get the maximum amount of compensation possible.

Burger Law Client Success Stories

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

Definition of a Personal Injury Claim in Glen Ellyn, 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 hold them accountable for breaking the rules. The recovery you receive is meant to make one whole. The idea is convert all the ways an injury affected you into a dollar amount.

Sometimes, 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 cannot truly be expressed through dollar signs. If you lost a loved one, you lost a limb, are permanently scarred or will have to live the rest of your life in chronic pain, no one can truly change that. What empathetic and talented 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 injuries.

Do I Need a Personal Injury Lawyer in Glen Ellyn, IL?

That depends on the specifics of your case, but most of the time, yes, you will need a personal injury lawyer to recover the full value of your claim in Glen Ellyn, IL. The thing to ask yourself is, can they increase my compensation? If your injuries were not severe, you have minimal lost wages and the insurance company is being mostly fair, you may not need an attorney. But, you will need an attorney in Glen Ellyn, IL if the following is true about your claim:

• There is a dispute over liability, or the insurance company says the injuries are your fault
• The insurance company or liable party’s offer is substantially below the cost of your damages
• Your injuries are significant and require extensive medical treatment
• There more than one party at fault
• Your damages are more than 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 worth it for you to hire our services. Our personal injury lawyers work on a contingency-fee basis, meaning you only pay after you have received the full compensation you deserve, and there is no reason for us to accept you as a client 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 Glen Ellyn, IL?

While civil law can be hard to navigate, whether or not you have a claim generally depends on one essential question: did someone else’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 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 Glen Ellyn, IL roads a duty of care, or dog owners owe it to others not to let their dog injure anyone. Other times, a particular relationship must have been agreed to, such as a doctor-patient relationship or a vendor-patron relationship.
2. Breach of duty — Did the liable party fail in that responsibility? Did a driver hit you because they were distracted? Did a physician not take into account your medical history? Did a trucking company force their employee to drive longer than regulations allow?
3. Causation — You must show how the breach of duty resulted in your injuries. For instance, you sustained a whiplash injury after being rear ended, or were burned by a defective product when it overheated.
4. Proximate cause — This determines who ultimately is at fault. If you were injured in an auto accident, 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 have to show that you sustained some form of financial loss as a direct result of your injuries. In most cases damages are medical bills and wages you could not earn while you were not able to work. If you keep solid records of your medical expenses, 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.

If you have any doubts about the validity of your claim, speak to a lawyer in Glen Ellyn, IL who has won a similar claim before. Get in touch with a personal injury lawyer now at (314) 500-HURT.

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Types of Cases Our Glen Ellyn, IL Personal Injury Lawyers Win

Being a personal injury lawyer in Glen Ellyn, 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 that can arise in a truck accident case that can be the deciding factor in whether or not the case is successful. A lawyer that only specializes in a certain type of injury claim may not have the experience to take on other cases. At Burger Law, we know how to secure justice for the injured whenever negligence results in an injury. Cases we specialize in in Glen Ellyn and throughout Illinois include:

Auto Accidents

The Bureau of Justice Statistics estimates that there are 300,000 to 500,000 personal injury claims every year. The majority 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 trucks emit an incredible amount of force, and motorcyclists, bicyclists and pedestrians are all at increased risk of catastrophic injury or death due to their relatively limited protection. Under 625 ILCS 5/11-1003.1, 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.

In some cases, a vehicle manufacturer, construction company or governmental entity may be at fault. Your Burger Law personal injury lawyer will carry out an exhaustive investigation into your claim to find every liable party and hold them accountable.

Premises Liability

Proprietors have an obligation to take reasonable measures to make sure their premises does not carry any risks 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 known as the Illinois Premises Liability Act, mandates that property owners have 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.” Essentially, if there is a hazardous condition that is not obvious, the owner needs to either repair the condition 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
• Poor lighting
• Black ice
• Wet concrete
• Debris such as litter, fallen leaves and branches, rocks, etc
• Rugs that are not flat
• Stray cords
• In-ground sprinklers or hardscape features hidden in the grass
• Absence of safety rails

Not all injuries on a property lead to a valid premises liability claim. If you were trespassing, ignored warning signs, such as a “wet floor sign,” or were running or not acting in a safe manner, you likely do not have a slip and fall claim. Successful premises liability claims depend on the following:

• The owner or manager created the unsafe conditions; or
• The owner or manager was aware of the danger and failed to repair it; or
• The owner or manager tried to fix the hazard 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 property owner or insurance company in Glen Ellyn, IL may tell you they are not liable for your slip and fall injuries because they had no idea about the condition 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 data from John Hopkins University, medical errors are responsible for over 250,000 deaths each year. While not all of those constitutes negligence, when it does, a physician needs to be held accountable for hurting you.

Proving a medical malpractice claim is based on what is referred to as the standard of care. The standard is how a prudent doctor, in the same area and with the same training as the one you are suing, would treat whatever ailment you saw them for.

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

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

It is imperative that the health professional who writes the affidavit is in the same practice area and geographic region as the health professional you are suing. A thoracic surgeon in Chicago has a different standard of care than a general practitioner in Camden, Maine. Burger Law relies on numerous expert witnesses in Glen Ellyn and in other parts of Illinois who can help verify that your medical malpractice suit is valid.

Common instances of medical malpractice in Glen Ellyn, IL include:

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

Dog Bites

Each day, nearly 1,000 people seek emergency medical treatment for dog bites, and annually dog bites lead to about 12,480 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, 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 that the owner owes you a recovery regardless of how they acted.

While some dog bites only lead to minor injuries, others can lead to expensive surgeries or permanent scarring. In any case, trust in a Burger Law Glen Ellyn, IL personal injury lawyer to secure you the maximum financial recovery you deserve.

Product Liability

Strict liability also applies to anyone involved in the chain of distribution of a defective product. There are generally three theories a personal injury lawyer will use to make a product liability claim in Glen Ellyn, 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 guard rails do not prevent injuries.
2. Manufacturing defect — This type of defect affects several individual products instead of every product with the same design. Examples include rat droppings getting caught in packaging, or improperly attached electrical outlets.
3. Failure to warn — This refers to labeling that does not mention certain risks when the product is put to foreseeable use. For example, an electric shaver not mentioning that shock can occur if used in the shower.

In order to have a successful claim, you must demonstrate that the product was “unreasonably dangerous” when it was used in a way a manufacturer could reasonably expect, that it was the proximate cause of 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 Glen Ellyn, IL personal injury lawyer is that we are not limited to any one type of claim, and this actually gives our lawyers exceptional experience that they can use to benefit all their clients. We understand that case types often overlap, and having experience with each type of claim gives our team the perfect understanding of how to fight for our clients’ rights and recoveries.

What Is the Personal Injury Claims Process in Glen Ellyn, IL?

The path to getting maximum compensation for your injuries starts the second you are injured. While some accidents and injuries settle fairly early, others can take several years before a jury finally renders a verdict. Generally, the path to getting compensation consists of:

• Seeking Medical Treatment — Get medical care as soon as possible after an injury, and follow your doctor’s treatment plans to a “T.” Waiting too long could bring complications to your claim, and not attending all your appointments will reduce both your economic and noneconomic damages. Our personal injury lawyers work with several trustworthy Glen Ellyn, IL doctors, chiropractors and physical therapists who can help you in your recovery.
• Consulting With an Attorney — Even if you do not know if you need an attorney, it is best 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 the value of your claim and how they can help.
• Investigation and Documentation — Once you have legal representation, your personal injury lawyer will conduct a complete investigation into your claim, determine who we need to hold accountable and gather the evidence required for full compensation. You should also keep 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 those who are liable for compensating you. 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, the insurance company will counter our offer with a lower number, and we keep negotiating until they agree to pay for all 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 — Mediation is often the last option for an agreement before trial. In mediation, a neutral third party listens to arguments from both sides and tries to break the stalemate.
• Pre-Trial — If mediation still does not result in a fair settlement, we will go into the pre-trial “discovery” phase. In discovery, we will speak to eyewitnesses and expert witnesses, gather more evidence and both parties will share with the other what they plan to bring up at trial.
• Trial — Only six percent of personal injury claims go 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, we will defend your rights in court. Trial consists of:
  • Jury selection
  • Opening statements
  • Testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Most of our Glen Ellyn, IL clients have never been through the personal injury claims process before, and are unsure of what lies ahead. Burger Law will be your advocate every step of the way, keep you up to date on the status of your claim and oversee all documentation, negotiation and litigation so you can spend your energy on healing.

What Compensation Can I Get In My Glen Ellyn, IL Personal Injury Claim?

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

• Economic damages compensate you for the economic harm resulting from your injuries, for instance:
  • Lost wages
  • Lost earning potential if your injuries result in permanent disability
  • 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

Sometimes, you may also be eligible for punitive damages if the negligent party’s conduct was purposefully harmful or 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 Glen Ellyn, 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 under 18 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 under 18. Then you would have until four years after your 18th birthday.

While two years may not cause immediate concern, your attorney will want as much time as possible to build your case. Do not wait to contact an attorney. Call a personal injury lawyer today at (314) 500-HURT.

Other types of claims we take on in Glen Ellyn, IL include:

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Speak to Personal Injury Lawyer in Glen Ellyn, IL Now

Burger Law’s Glen Ellyn, IL personal injury lawyers hold ourselves to the standard of zealous representation. That means we get started on your case the moment you hire us, investigate your case thoroughly, fight back against insurance companies on your behalf and do not let down until you get the maximum recovery you are owed. We offer the highest level 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 Glen Ellyn, 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 Glen Ellyn, IL personal injury lawyer now at (314) 500-HURT or contact us online for a free consultation.