Personal Injury Lawyer in Montgomery, IL

Burger Law defends the rights of people who are injured because of negligent and reckless actions. When you are seriously injured because of someone else’s negligent behavior, Burger Law’s personal injury lawyers in Montgomery, IL demand the recovery you are owed and fight for you every step of the way. Call Burger Law today at (779) 800-HURT or fill out our online form.

If you want to know how much compensation you may be owed in Montgomery, or anywhere in Illinois, check out our complimentary personal injury calculator.

The negligent parties that harmed 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 back for our clients against whoever is standing in the way of justice. We handle a litany of cases, including suing large trucking companies, holding negligent healthcare professionals, product manufacturers, restaurant owners responsible, taking the fight to the government, to getting justice and financial security for Montgomery residents after the wrongful death of a family member. If you have questions about your case, what compensation you are owed or anything else about the personal injury claims process, speak to one of our personal injury lawyers in Montgomery, IL now at (779) 800-HURT.

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

It can be hard to know how to choose the best personal injury lawyer for you. 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 look at the cases they have won, and what their clients and peers say about them:

Premier Montgomery, IL Personal Injury Lawyers

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

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a remarkable achievement awarded to less than 5 percent of all attorneys nationwide
• Million and Multi-Million Dollar Advocate Honor — Members of the Million and Multi-Million Dollar Advocates Forum, an honor only given to 1 percent of attorneys in the United States.
• Top 100 Trial Lawyers Honor — Selected to the Top 100 Trial Lawyers by The National Trial Lawyers, an invitation-only 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 lawyers are certified by an ABA accredited certification board.

Personal Injury Lawyer Montgomery, IL – Recent Victories

Our Montgomery, IL personal injury lawyers have a demonstrated history of getting great results. We fight all who harm our clients, and we demand nothing but full compensation. Our attorneys are devoted to offering our clients the highest standard of legal advocacy, and we have great pride in our well-deserved victories. Read about our recent successes 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 every case is unique, and the financial recovery you are owed 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

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

What Is a Personal Injury Claim in Montgomery, IL?

Under Illinois and U.S. law, you have a right to file a personal injury claim to get monetary reimbursement for the harm someone else is responsible for, and to hold them accountable for breaking the rules. The compensation you receive is meant to make one whole. The goal is to put you in the same position you were in before sustained the damages caused by another’s negligence.

Sometimes, no lawyer, settlement or verdict is can truly return you to how things were before the injury. While we can get compensation for the financial losses you sustained, other damages are less tangible. If you lost a loved one, you lost a limb, are disfigured or will have to receive medical treatment for the rest of your life, no amount of money can make that go away. What compassionate and skilled 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 Montgomery, 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 Montgomery, IL. The important question is, can they increase my compensation? If your injuries were not severe, you have minimal lost wages and the other party’s fault is clearly established, a lawyer might not be necessary. But, you should hire a lawyer in Montgomery, IL if the following is true about your claim:

• There is disagreement over who is at fault, or you are being blamed for your injuries
• The insurance company is denying they have to cover certain damages
• Your injuries are significant and require extensive care
• There are multiple parties that is liable for your injuries
• Your damages exceed the at-fault 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 work on a contingency-fee basis, meaning you only pay after you have received the full compensation you are owed, and there is no reason for us to take on your claim if we do not think we can get you substantially more money.

How Do I Know if I Have a Personal Injury Case in Montgomery, IL?

While the legal literature concerning negligence and liability can be confusing, whether or not you can seek compensation depends on the answer to one essential question: did another person’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 owed it to you to value your safety. Sometimes, a duty of care is assumed, as motorists all owe everyone on the Montgomery, IL roads a duty of care, or dog owners owe it to others not to let their dog injure anyone. In other cases, a special relationship must have formed, such as the relationship between a doctor and patient or between a vendor and a buyer.
2. Breach of duty — Did the other party neglect that duty? Did a driver crash into you you because they were not following the rules of the road? Did a physician not order the appropriate tests? Did a product manufacturer fail to recall a product they knew was dangerous?
3. Cause-in-fact — You must prove how the incident caused your injuries. For instance, you broke your arm when your car was t-boned, or had bad side effects from a prescription drug.
4. Proximate cause — This determines liability. If you were rear ended, it is usually because another driver was negligent. But if the brakes were not safe, a manufacturer or mechanic may be the one who is ultimately liable.
5. Damages — Lastly, 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 expenses and lost wages. If you keep solid records of your medical expenses, 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.

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

What Are Common Personal Injury Lawsuits in Montgomery, IL?

Being a personal injury lawyer in Montgomery, IL mandates that your lawyers and firm know how negligence laws apply to a wide range of cases. Knowing the difference between how the law applies to auto accidents, medical malpractice and slip and falls is essential. A lawyer who only knows how to deal with car insurance companies may not be the best choice to get you full compensation in a different claim. At Burger Law, we know how to hold the liable party accountable no matter the circumstances. Cases we specialize in in Montgomery and throughout Illinois include:

Auto Accidents

Research from the Bureau of Justice Statistics indicate that there are about 400,000 personal injury claims annually. The majority of those result from auto accidents, including:

• 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, all motorist must “exercise due care” to keep everyone else on the road safe. If a driver is negligent and you end up hurt, you have an auto accident claim against them.

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

Premises Liability

Property owners and managers have a duty to take reasonable measures to make sure their premises is not hazardous for people who are not trespassing. If you sustain damages in a slip and fall because a property was unsafe, you deserve compensation. 740 ILCS 130/, also referred to as the Illinois Premises Liability Act, mandates that property owners 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 something that is not obvious makes the property dangerous, 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
• Overly steep inclines
• Ledges
• Poorly lit stairs and walking paths
• Icy or snow-covered concrete
• 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 result in a premises liability claim. If you were in a part of a property you were not allowed to be, did not pay attention to warning signs, for example a “wet floor sign,” or were running or acting dangerously, you likely do not have a slip and fall claim. Successful premises liability claims depend on the following:

• The owner or manager created the dangerous conditions; or
• The owner or manager knew about the danger and failed to fix it; or
• The owner or manager tried to fix the condition 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 adjuster in Montgomery, 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 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 cause more than a quarter of a million deaths each year. While not all of those constitutes negligence, when it does, a doctor needs to pay for breaking your trust.

Proving a medical malpractice claim will come down to what is called the standard of care. The standard refers to how a prudent doctor, in a specific field and specific location, would treat whatever ailment you saw them for.

According to 735 ILCS 5/2-622, any medical malpractice lawsuit needs to be filed along with an affidavit from a health professional who:

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

It is essential that the physician who writes the affidavit has the same training and practices in the same area as the health professional you are making a claim against. A thoracic surgeon in Chicago has a different standard of care than a family doctor in Decorah, Iowa. Burger Law relies on a network of expert witnesses in Montgomery and throughout Illinois who can help verify that your medical malpractice suit is valid.

Common examples of medical malpractice in Montgomery, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Leaving objects in during surgery
• Hospital system errors
• Failure to secure consent
• Not ordering tests that a prudent doctor would
• Ignoring a patient’s complaints
• Not sending you to a specialist or recommending a different treatment plan when theirs is not working
• Prescribing the wrong medication or the wrong dosage

Dog Bites

Every day, almost 1,000 people seek emergency medical treatment for dog bites, and annually dog bites lead to about 12,600 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, states that a dog owner is strictly liable for your damages if it bit you, assuming 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 reconstructive surgeries or permanent disfigurement. Regardless of the seriousness of your injuries, trust in a Burger Law Montgomery, IL personal injury lawyer to ensure you get the full financial recovery you deserve.

Product Liability

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

1. Design defect — This is a defect that was present when the product was initially conceptualized. This could include an SUV that is prone to rollover accidents, or a power tool whose safety guards do not offer sufficient protection.
2. Manufacturing defect — This type of defect usually occurs to only one or several individual products, instead of every product with the same design. Examples include a bug getting caught in a soda can, or 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, an electric shaver not mentioning that shock can occur if used in the shower.

In order to recover compensation, you must show that the product was “unreasonably dangerous” when it was used in a way a manufacturer could reasonably expect, that it caused your injuries and that you had not substantially modified the product.

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 Montgomery, 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 towards their clients’ advantage. 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 Montgomery, IL?

The path to getting maximum compensation 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 verdict. Generally, the path to getting compensation consists of:

• Getting Medical Treatment — Get medical attention as soon as possible after an injury, and do not miss any appointments with your doctor, chiropractor or physical therapist. Waiting too long could bring complications to your claim, and not attending all your sessions will reduce both your economic and noneconomic damages. Our personal injury lawyers have a network of trustworthy Montgomery, IL doctors, chiropractors and physical therapists who can help you in your recovery.
• Discussing Your Case With an Attorney — Even if you do not know if you need an attorney, it is best to know what your options are as soon as possible. A good lawyer will be honest with you about 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 complete investigation into the circumstances surrounding your injuries, ascertain who we need to hold accountable and acquire the evidence they need to get you full compensation. You can help by keeping a record of every dollar you have spent because of your injuries, and how keeping a journal detailing how your injuries have affected your life.
• Settlement Demand and Negotiations — Once we have determined the full extent of your damages, we will send a settlement demand package to those who are liable for compensating you. 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. Most of the time, the insurance company will counter our offer with a lower number, and we keep negotiating until they offer full compensation.
• 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. During this time, we will continue negotiating in an effort to avoid a trial.
• Mediation — Mediation is often the last chance for an agreement before trial. In mediation, an objective third party will try to get each party to accept the merits of the other side’s arguments.
• 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, gather more evidence and share with and request documentation with the other side.
• Trial — Only six percent of personal injury claims go to trial. In fact, many times we have gotten a fair settlement offer 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 of our Montgomery, IL clients have never had to deal with seeking compensation for an injury 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 the legal aspects of your case so you can focus on your physical recovery.

What Types of Compensation Are Available in My Montgomery, IL Personal Injury Claim?

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

• Economic damages compensate you for your financial losses resulting from your injuries, for instance:
  • 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, 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 incredibly reckless. Examples can include a drunk driver, or a doctor who performs surgery after drinking. While punitive damages are rarely awarded, your Burger Law personal injury lawyer will pursue every legal avenue possible to get you the best possible financial recovery.

What Is the Time Limit for Personal Injury Claims in Montgomery, IL?

In Illinois, the statute of limitations is shorter than most states at just two years, under 735 ILCS 5/. That means you must file a claim within two years of when the injury occurred. However, there are three notable exceptions:

1. If you were under 18 when the injury occurred, 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 under 18. Then you would have until your 22nd birthday.

While two years may not cause immediate concern, thoroughly investigating an injury and developing a legal strategy takes time. Do not delay in speaking to an attorney. Call a personal injury lawyer today at (779) 800-HURT.

Other types of claims we take on in Montgomery, 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 Montgomery, IL Now

Burger Law’s Montgomery, IL personal injury lawyers fiercely believe in zealous representation. That means we get started on your case the moment you hire us, investigate your case thoroughly, stand up to insurance companies on your behalf and do not let down until you are awarded the maximum recovery 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 Montgomery, 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 Montgomery, IL personal injury lawyer now at (779) 800-HURT or contact us online for a free consultation.