Personal Injury Lawyer in Lincoln, IL

Burger Law fights on behalf of people who get hurt due to the negligence of another. If you have sustained serious injuries in an accident or incident caused by another person’s actions, Burger Law’s personal injury lawyers in Lincoln, IL demand the recovery you are owed and fight for you every step of the way. Call Burger Law now at (779) 800-HURT or fill out our online form.

To find out the value of your personal injury claim in Lincoln, or anywhere in Illinois, check out our complimentary personal injury calculator.

Those who hurt you are financially and legally responsible for taking care of your injuries and paying you all of what you are owed, 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 deserve. We handle a litany of cases, including suing large trucking companies, holding negligent physicians, product manufacturers, animal owners responsible, suing the government, to getting justice and financial security for Lincoln residents after a loved one passed too soon. If you want to understand if you have a claim, what compensation you are owed or other questions regarding personal injury claims, speak to one of our personal injury lawyers in Lincoln, IL as soon as possible at (779) 800-HURT.

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

Choosing the right personal injury lawyer for you is of utmost importance. You want someone with a history of winning similar cases 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 their previous victories, and what their clients and peers say about them:

Award-Winning Lincoln, IL Personal Injury Lawyers

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

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to not more than 5 percent of all attorneys in the U.S.
• Million and Multi-Million Dollar Advocate Honor — Members of the Million and Multi-Million Dollar Advocates Forum, an honor only given to 1 percent of attorneys in the United States.
• Top 100 Trial Lawyers Honor — Selected to the Top 100 Trial Lawyers by The National Trial Lawyers, an invitation-only award that is made up 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. Less than 4 percent of all practicing attorneys are certified by an American Bar Association accredited certification board.

Personal Injury Lawyer Lincoln, IL – Cases We Have Won

Our Lincoln, IL personal injury lawyers have a demonstrated history of getting great results. We take on all who harm our clients, and we fight for a full recovery every time. Our firm is devoted to giving our clients the highest standard of legal advocacy, and we have great pride in our well-deserved victories. 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 worth pointing out that every case is unique, and the compensation you receive is going to depend on the circumstances of your claim. We fight for you so that there is no money left on the table.

Burger Law Reviews

In addition to the videos below, you can see our full list of client testimonials here.

What Is a Personal Injury Claim in Lincoln, IL?

Under Illinois and U.S. law, you have a right to file a personal injury claim to get financial compensation for the injuries someone else caused, and to achieve justice. The recovery you receive is intended to make you whole. The idea is to put you in the same position you were in before sustained the damages caused by another’s negligence.

Sometimes, no outcome in your claim can fully “put back” all the things you lost in an injury. While you can be reimbursed for medical expenses, time spent off work recovering 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 live the rest of your life in chronic pain, no legal process can change that. What compassionate and experienced personal injury lawyers like those at Burger Law are able to do is ensure your injuries are recognized, and to give you financial security as it relates to your accident.

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

While some cases can be successfully navigated without a lawyer, most of the time you will need one to get the full compensation you are owed in Lincoln, IL. The important question is, can they add value to my claim? If your injuries were not severe, you did not miss much time off work and the insurance company is being mostly fair, you may not need an attorney. But, you will need a lawyer in Lincoln, IL under the following circumstances:

• There is disagreement over liability, or the insurance company says the accident are your fault
• The insurance company or liable party’s offer is well below what you are owed
• Your injuries are significant and require ongoing medical treatment
• There are multiple parties that is liable for your injuries
• Your damages are more than an insurance company’s policy limits

Our initial conversations and investigations are free, and we are always direct about how much we can help your claim. 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 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 Lincoln, IL?

While civil law can be complex, whether or not you have a claim generally depends on one particular question: were you injured because someone else was negligent? If so, legally speaking you have to prove the five elements of negligence:

1. Duty of care — You first need to demonstrate that the liable party owed it to you to value your safety. Sometimes, a duty of care is assumed, as motorists all owe everyone on the Lincoln, IL roads a duty of care, or dog owners owe it to others to keep their dog from biting anyone. In other cases, a unique relationship must have formed, for example a doctor-patient relationship or a vendor-patron relationship.
2. Breach of duty — Did the other party neglect that responsibility? Did a driver hit you because they were looking at their phone? Did a doctor not take into account your medical history? Did a store owner fail to fix an obviously dangerous condition?
3. Causation — You must show how the breach of duty led to your injuries. For example, 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 needs to be held accountable. If you were injured in an auto accident, the liable party is usually the driver that hit you. But if the brakes were not safe, someone in the vehicle’s chain of distribution may be ultimately liable.
5. Damages — Lastly, you need to demonstrate that you sustained some form of financial loss as a direct result of your injuries. In most cases damages are medical bills and lost wages. With access to your medical records, damages are easy to prove with the help of an attorney. After proving economic damages, we can seek compensation for less tangible losses.

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

What Are Common Personal Injury Claims in Lincoln, IL?

Practicing injury law in Lincoln, 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 the laws and defendants applicable to different types of claims is paramount. A lawyer who only knows how to deal with car insurance companies may not have the experience to take on other cases. At Burger Law, we know how to secure justice for the injured in any type of claim. Cases we specialize in in Lincoln and throughout Illinois include:

Auto Accidents

The Bureau of Justice Statistics estimates that there are 300,000 to 500,000 personal injury claims annually. 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 so much, 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, all motorist must “exercise due care” to avoid colliding with anybody or anything else on the Illinois roads. If someone breaks the rules of the road, causes an accident and injures you, you can file a claim.

In some cases, a vehicle manufacturer, construction company or governmental entity may be at fault. Your Burger Law personal injury lawyer will conduct a complete investigation into your accident to find out who and what exactly caused your injuries.

Premises Liability

Proprietors have a responsibility to take reasonable measures to make sure their premises is safe for people who are legally on it. If you are injured in a slip and fall because a property was unsafe, you deserve compensation. 740 ILCS 130/, also called 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.” Basically, if there is a hazardous 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
• Sudden changes in surface level
• Ledges
• Poor lighting
• Black ice
• Wet concrete
• Debris such as litter, fallen leaves and branches, rocks, etc
• Uneven rugs
• Wiring
• 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, ignored warning signs, for example a “wet floor sign,” or were running or acting dangerously, it might be hard to get compensation. Successful premises liability claims depend on the following:

• The owner or manager created the hazardous conditions; or
• The owner or manager knew about the risk 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 property owner or insurance company in Lincoln, IL may try to convince you that they are not liable for your slip and fall injuries because they should not have been reasonable expected to repair or warn against the accident or because you are to blame. That is not true, and always speak with a personal injury lawyer before accepting any settlement.

Medical Malpractice

According to a 2016 study from John Hopkins University, medical errors are responsible for more than a quarter of a million deaths annually. While not all of those amount to negligence, 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 reasonable healthcare professional, in a specific field and specific location, would treat whatever ailment you saw them for.

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 is in the same practice area and geographic region as the health professional you are suing. A thoracic surgeon in Chicago is held to a different standard of care than a family doctor in Decorah, Iowa. Burger Law relies on numerous expert witnesses in Lincoln and all over Illinois who can help verify that your medical malpractice suit is valid.

Common instances of medical malpractice in Lincoln, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Leaving objects in during surgery
• Hospital system errors
• Lack of consent
• Failing to order tests that a prudent doctor would
• Blowing off a patient’s complaints
• Not sending you to a specialist or recommending a different treatment plan when theirs is not working
• Prescription errors

Dog Bites

Every day, nearly 1,000 people seek emergency care for dog bites, and every year dog bites lead to about 12,480 hospitalizations. 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, stipulates that the owner of a dog is strictly liable for your damages if it bit you, assuming 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, 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 only lead to minor injuries, others can lead to expensive surgeries or lifelong scarring. In any case, you likely need an experienced and skilled Lincoln, IL personal injury lawyer to ensure you get the best possible compensation 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 Lincoln, 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 an electrical appliance that melts when turned on high.
2. Manufacturing defect — This type of defect affects several individual products instead of an entire line of products. Examples include a bug getting caught in a soda can, or improperly attached electrical outlets.
3. Failure to warn — 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 recover compensation, you must demonstrate that the product carried inherent risks when used in a foreseeable manner, 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 know how to get great results whenever someone was injured through no fault of their own. One of the benefits of choosing a Burger Law Lincoln, IL personal injury lawyer is that our team takes on all types of personal injury claims, 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.

How Does the Personal Injury Claims Process Work in Lincoln, IL?

The journey to securing a financial settlement or verdict for your injuries starts the second 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 Care — Seek medical treatment immediately after an injury, and keep attending all treatments that your physician recommends. The insurance company will be harder to deal with if you wait, and not getting the full treatment will reduce both your economic and noneconomic damages. Our personal injury lawyers know reliable Lincoln, IL health professionals 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 know what your options are as soon as possible. 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 an exhaustive investigation into the circumstances surrounding your injuries, determine every liable party and obtain the evidence needed for full 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 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 there will be several back-and-forths until they agree to pay for all of your damages.
• Filing a Lawsuit — If negotiations do not lead anywhere, we will file a lawsuit in court, which begins the formal process of your claim going to trial. During this time, we will continue negotiating in an effort to avoid a trial.
• Mediation — Mediation is often the last option for a settlement before trial. In mediation, an objective third party hears 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 this phase, we will speak to eyewitnesses and expert witnesses, obtain 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. Indeed, many times we have gotten the settlement we were seeking 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:
  • Voir dire
  • Opening statements
  • Testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Most of our Lincoln, IL clients 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, keep you up to date on the status of your claim and oversee all the legal aspects of your case so you can focus on your physical recovery.

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

In general, 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 related to your injuries, including:
  • Lost wages
  • Lost earning capacity if your injuries do not allow you to earn a living as you used to
  • Medical costs, past and future
  • Out-of-pocket expenses
• Non-economic damages compensate you for the less tangible aspects of your injuries, including:
  • Pain and suffering
  • Stress and anxiety
  • Loss of ability to enjoy life
  • Scarring and disfigurement
  • Inconvenience
  • Physical impairment
  • Loss of consortium

Though rare, we may also be able to pursue punitive damages if the liable 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 are rarely awarded, your Burger Law personal injury lawyer will pursue every legal avenue We can to get you the best possible financial recovery.

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

In Illinois, the statute of limitations is shorter than most states at just two years, under 735 ILCS 5/. That means the clock starts ticking when your accident occurs, and expires after two years. However, there are three notable exceptions:

1. If you were a minor at the time of injury, you have until your 20th 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 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, your attorney will want as much time as possible to build your case. Do not hesitate to contact an attorney. Call a personal injury lawyer today at (779) 800-HURT.

Other types of claims we get great results in in Lincoln, 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 Lincoln, IL Now

Burger Law’s Lincoln, IL personal injury lawyers fiercely believe in zealous representation. That means we start working for your recovery immediately, investigate your case thoroughly, fight back against insurance companies on your behalf and do not let down until you are awarded the full recovery you deserve. 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 Lincoln, 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 Lincoln, IL personal injury lawyer now at (779) 800-HURT or contact us online for a free consultation.