Personal Injury Lawyer in Oswego, IL

Burger Law fights on behalf of those who are injured because of negligent and reckless actions. When you or a loved one have sustained serious injuries because of someone else’s negligent behavior, Burger Law’s personal injury lawyers in Oswego, IL demand the recovery you are owed and fight for you every step of the way. Reach out to Burger Law today at (779) 800-HURT or contact us online.

If you want to know the value of your personal injury claim in Oswego, or anywhere in Illinois, take a look at our complimentary 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 deserve. We handle a litany of cases, including making claims against large trucking companies, holding negligent physicians, product manufacturers, dog owners accountable, suing City Hall, to getting justice and financial security for a family after a a family member passed too soon. If you would like to discuss the validity of your case further, what compensation you are owed or anything else about the personal injury claims process, speak to one of our personal injury lawyers in Oswego, IL immediately at (779) 800-HURT.

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

It can be hard to know how to choose the right personal injury lawyer for you. You want someone who has won your type of case before and who you know will not back down from 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 what their clients and peers say about them:

Award-Winning Oswego, IL Personal Injury Lawyers

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

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a noteworthy achievement awarded to not more 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 attorneys in each state.
• Board Certified By the National Board of Trial Advocacy — Board certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the National Board of Trial Advocacy. Less than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.

Personal Injury Lawyer Oswego, IL – Cases We Have Won

Our Oswego, IL personal injury lawyers fight for the full rights and recoveries of our clients. We take on all who have injured our clients, and we demand nothing but maximum compensation. Our lawyers are dedicated to giving our clients the highest standard of legal representation, and we have great pride in our hard-fought successes. 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 pointing out that every injury comes with its own set of circumstances, and the financial recovery you receive is going to be based entirely upon the circumstances of your claim. We calculate the full extent of your damages so that there is no money left on the table.

Burger Law Client Success Stories

Beyond the videos below, you can check out more client testimonials here.

Definition of a Personal Injury Claim in Oswego, IL

A personal injury claim is your right under Illinois law to get a financial recovery for the wrong someone else is responsible for, and to achieve justice. The objective of personal injury claims is to make one whole. The goal is convert all the ways an injury affected you into a dollar amount.

Sometimes, no outcome in your claim can truly return you to how things were before the injury. While we can get compensation for medical expenses, time spent off work recovering and other financial losses, other damages cannot truly be expressed through dollar signs. If you lost a loved one, you lost a limb, are disfigured or will have to live the rest of your life in chronic pain, no one can truly make that go away. What compassionate and skilled personal injury lawyers like those at Burger Law can do is secure you fair compensation in order to provide a sense of justice and acknowledgment, and to provide you with relief from the financial losses resulting from your accident.

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

While some cases can be successfully navigated without a lawyer, most of the time you will need one to ensure no money is left on the table in Oswego, IL. The question to ask when considering whether or not to hire a lawyer is, can they increase my compensation? If your medical expenses are low, 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 Oswego, IL under the following circumstances:

• There is disagreement over liability, or the insurance company says the accident are your fault
• 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 are more than an insurance company’s policy limits

We offer consultations for free, and we are always direct about whether or not it is in your best interest to hire our services. Our personal injury lawyers take on cases based on a contingency-fee, meaning you only pay after you have received the full compensation you deserve, and we have no reason to take on your claim if we do not think we can get you substantially more money.

Do I Have a Personal Injury Case in Oswego, IL?

While civil law can be hard to navigate, whether or not you can seek compensation generally depends on one essential question: did another person’s negligence cause you injuries? From a legal standpoint, you need to prove the five elements of negligence:

1. Duty of care — You first need to show that the person you are making a claim against had an obligation to keep you safe. Sometimes, a duty of care is assumed, as Oswego, IL driver owe drivers, passengers and pedestrians a duty of care, or dog owners owe it to others not to let their dog injure anyone. Other times, a special relationship must be established, for example a doctor-patient relationship or a vendor-patron relationship.
2. Breach of duty — Did the other party neglect that obligation? Did a driver hit you while they were texting and driving? Did a physician not order the appropriate tests? Did a dog owner let their dog roam unleashed?
3. Cause-in-fact — You must demonstrate how the incident caused your injuries. For instance, you received a concussions after being thrown off your bicycle, or were burned by a defective product when it overheated.
4. Proximate cause — This determines who ultimately is to blame. If you were hit by a vehicle, the liable party is usually the driver that hit you. But if the tires were not safe, someone in the vehicle’s chain of distribution may be ultimately liable.
5. Damages — Lastly, you must demonstrate that you sustained some form of financial loss as a direct result of your injuries. In personal injury cases, this is usually medical expenses 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. After proving economic damages, we can pursue a financial recovery 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 Oswego, IL before. Call a personal injury lawyer now at (779) 800-HURT.

Types of Claims Our Oswego, IL Personal Injury Lawyers Take on

Practicing injury law in Oswego, IL requires that you have a vast knowledge of the different types of cases that people deal with. Knowing the difference between how the law applies to auto accidents, medical malpractice and slip and falls is essential. A lawyer that only specializes in a certain type of injury claim may not be the best choice to get you full compensation in a different claim. At Burger Law, we know how to secure justice for the injured no matter the circumstances. We have won millions for our Oswego, IL clients in the following types of cases:

Auto Accidents

The Bureau of Justice Statistics estimates that there are 300,000 to 500,000 personal injury claims annually. Just over half of those result from auto accidents, for instance:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Pedestrian Accidents

Truck accidents can be especially catastrophic because trucks emit an incredible amount of force, and motorcyclists, bicyclists and pedestrians are all at heightened risk of being severely injured 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 someone breaks the rules of the road and you end up hurt, you can file a claim.

In some cases, a vehicle manufacturer, construction company or local municipality may have at least contributed to your injuries. As part of our services, your Burger Law personal injury lawyer will conduct an exhaustive investigation into your accident to find every liable party and hold them accountable.

Premises Liability

Proprietors have an obligation to ensure their premises is not hazardous for people who are legally on it. If you are injured in a slip and fall because a property was unreasonably dangerous, you can make a premises liability claim. 740 ILCS 130/, also called the Illinois Premises Liability Act, stipulates that proprietors owe a duty of care to people who lawfully 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 something that is not obvious makes the property unsafe, the owner needs to either fix the condition, 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
• Electrical 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, ignored warning signs, such as a “wet floor sign,” or were running or acting dangerously, it might be hard to get compensation. The following must be true in order to make a claim:

• The owner or manager created the dangerous conditions; or
• The owner or manager knew about the condition and neglected 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 Oswego, IL may tell you 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. Do not believe them, 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 cause over a quarter of a million deaths each year. While not all of those amount to negligence, when it does, you can make a medical malpractice claim.

Your medical malpractice cases will come down to what is referred to as the standard of care. The standard is how a reasonable doctor, in a specific field and specific location, would treat a specific condition.

Under 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 essential that the health professional who writes the affidavit is in the same practice area and geographic region as the health professional you are making a claim against. An anesthesiologist 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 Oswego and in other parts of Illinois who can help verify that your medical malpractice suit is valid.

Common instances of medical malpractice in Oswego, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Leaving objects in during surgery
• Hospital communication errors
• Lack of consent
• Failing to order tests that a prudent doctor would
• Blowing off a patient’s complaints
• Not changing course when their treatment plan is not working
• Prescribing the wrong medication or the wrong dosage

Dog Bites

Every day, nearly 1,000 people require emergency medical treatment for dog bites, and annually about 12,600 people are hospitalized. 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, mandates 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 liable as a matter of law and you do not have to prove negligence. This means that the owner owes you a recovery even if they did not necessarily do anything wrong.

While some dog bites are minor, others result in expensive surgeries or lifelong disfigurement. In any case, you likely need an experienced and skilled Oswego, IL personal injury lawyer to secure you the full financial recovery you are owed.

Product Liability

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

1. Design defect — This is a defect that was present when the product was initially conceptualized. 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 rat droppings getting caught in packaging, or a seatbelt with a loose screw that comes undone during impact.
3. Insufficient instructions — This refers to instructions 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 make a product liability claim, you must show that the product carried inherent risks when it was used in a way a manufacturer could anticipate, that it was the proximate cause of injuries and that you had not substantially modified the product.

Burger Law’s personal injury lawyers will take on any case in which someone was injured through no fault of their own. One of the great parts of choosing a Burger Law Oswego, 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.

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

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

• Getting Medical Treatment — Get medical care as soon as possible 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 work with several experienced Oswego, IL doctors, chiropractors and physical therapists who can help you in your recovery.
• Speaking With an Attorney — Even if you do not know if you need an attorney, it is best to know what your options are as soon as possible. A good lawyer will be straightforward with you about whether or not their services are needed.
• Investigation and Documentation — Once you have legal representation, your personal injury lawyer will carry out a full investigation into your claim, ascertain who we need to hold accountable and gather the evidence they need to get you 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 have determined the full extent of your damages, we will send a settlement demand package to the liable party’s insurance company. 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. Most of the time, 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 the insurance company will not be fair in negotiations, 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 — If a settlement agreement still has not been reached, your personal injury lawyer and the liable party will likely pursue mediation. In mediation, an unbiased third party will try to get each party to accept the merits of the other side’s arguments.
• Pre-Trial — If mediation still does not result in a fair settlement, the “discovery” phase begins. In discovery, we take depositions of eyewitnesses and expert witnesses, gather more evidence and both parties will share with the other what they plan to use as evidence in trial.
• Trial — Only six percent of personal injury claims go to trial. Indeed, we often finally get 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 people who speak with our Oswego, IL personal injury lawyers 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 healing.

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

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

• Economic damages compensate you for your financial losses related to your injuries, including:
  • Lost wages
  • Lost earning potential if your injuries do not allow you to earn a living as you used to
  • Medical expenses, past and future
  • Out-of-pocket expenses
• Non-economic damages compensate you for losses that are harder to quantify, such as:
  • Pain and suffering
  • Stress and anxiety
  • Loss of ability to enjoy life
  • Scarring and disfigurement
  • Inconvenience
  • Physical impairment
  • Loss of consortium

Though rare, you may also be eligible for punitive damages if the negligent harmed you on purpose or they were grossly negligent. Examples can include a drunk driver, or a doctor who performs surgery after drinking. While punitive damages do not apply to most personal injury claims, your Burger Law personal injury lawyer will pursue every legal avenue available to get you the best possible financial recovery.

What Is the Statute of Limitations for Personal Injury Claims in Oswego, 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 noteworthy exceptions:

1. If you were under 18 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 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 your 22nd birthday.

While two years may not cause immediate concern, your attorney will want as much time as possible to build your case. Do not delay in speaking to an attorney. Call a personal injury lawyer today at (779) 800-HURT.

Other types of claims we win in Oswego, 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 Oswego, IL Now

Burger Law’s Oswego, 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 compensation you are owed. We only give our clients the highest standard 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 Oswego, 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 Oswego, IL personal injury lawyer now at (779) 800-HURT or contact us online for a free consultation.