Personal Injury Lawyer in Seneca, IL

Burger Law fights on behalf of those who get hurt because someone else broke the rules. If you are seriously injured in an accident or incident caused by another person’s actions, Burger Law’s personal injury lawyers in Seneca, 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 contact us online.

If you want to know the value of your personal injury claim in Seneca, or anywhere in Illinois, take a look at our free personal injury calculator.

Those who injured you have an obligation to compensate you for all of your damages, but they will not do it willingly. Burger Law’s personal injury lawyer team fights hard for the injured against whoever is standing in the way of justice. That includes anything from suing drunk drivers, holding negligent physicians, product manufacturers, restaurant owners responsible, taking the fight to City Hall, to securing justice and financial security for a family after a loved one passed too soon. If you have questions about your case, what compensation you are owed or other questions regarding personal injury claims, call our personal injury lawyers in Seneca, IL now at (779) 800-HURT.

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

Choosing the right personal injury lawyer for you is of utmost importance. 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 their reputation among their clients and peers:

Premier Seneca, 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 noteworthy achievement awarded to not more than 5 percent of all lawyers 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 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 attorneys are certified by an American Bar Association accredited certification board.

Personal Injury Lawyer Seneca, IL – Recent Victories

Our Seneca, IL personal injury lawyers fight for the full rights and recoveries of our clients. We fight all who have injured our clients, and we insist on nothing but full compensation. Our firm is dedicated to offering our clients amazing legal representation, and we take tremendous pride in our hard-fought victories. Read about our case results 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 case is different, and the compensation you are owed is going to be based entirely upon the your specific accident. We fight for you so that there is no money left on the table.

Burger Law Client Success Stories

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

Definition of a Personal Injury Claim in Seneca, IL

A personal injury claim is your right under Illinois law to get financial compensation for the injuries someone else is responsible for, and to hold wrongdoers accountable. The compensation you receive is meant to make one 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 attorney, settlement or verdict is can fully “put back” all the things you lost in an 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 are permanently disabled, are disfigured or will have to receive medical care for the rest of your life, no amount of money can change that. 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 relief from the financial losses resulting from your accident.

Is it Worth Hiring Personal Injury Lawyer in Seneca, 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 Seneca, IL. The thing to ask yourself is, can they add value to my claim? If your medical expenses are low, you did not miss much time off work and the insurance company is being mostly fair, a lawyer might not be necessary. But, you should hire an attorney in Seneca, IL under the following circumstances:

• There is a dispute over liability, or the insurance company says the injuries are your fault
• The insurance company is denying they have to cover certain damages
• Your injuries are serious and require ongoing care
• 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 are always direct about how much value we can add your claim. Our personal injury lawyers work on a contingency-fee basis, meaning you do not pay until we win your case, and there is no reason for us to take on your claim if we do not think we can get you substantially more money.

What Do You Need to Prove to Win a Personal Injury Claim in Seneca, IL?

While civil law can be complex, whether or not you have a claim depends on the answer to one specific question: did another person’s negligence cause you injuries? If so, legally speaking you must prove the five elements of negligence:

1. Duty of care — You first need to show that the liable party had a responsibility to care for your safety. Sometimes, a duty of care is assumed, as Seneca, IL driver owe drivers, passengers and pedestrians a duty of care, or store owners need their properties to be reasonable safe for anyone who legally enters. In other cases, a unique relationship must have formed, 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 crash into you you because they were looking at their phone? Did a doctor prescribe the wrong dosage? Did a dog owner let their dog roam unleashed?
3. Cause-in-fact — You must show how the incident led to your injuries. For example, you sustained a whiplash injury after being rear ended, or had bad side effects from a prescription drug.
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 tires were defective, a manufacturer or mechanic may be the one who is ultimately liable.
5. Damages — Lastly, you must demonstrate that you sustained some form of financial loss as a direct result of your injuries. In most cases damages are medical expenses and wages you could not earn while you were not able to work. With access to your medical records, an attorney will be able to establish your financial losses with an insurance company. Once we establish financial losses, we can also seek compensation for the other ways your injuries have affected you.

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 Seneca, IL before. You can speak to a personal injury lawyer today at (779) 800-HURT.

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

Being a personal injury lawyer in Seneca, 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 get great results no matter the circumstances. We have won millions for our Seneca, IL clients in the following types of cases:

Auto Accidents

Research from the Bureau of Justice Statistics indicate that there are 300,000 to 500,000 personal injury claims every year. The majority of those result from auto accidents, for instance:

• 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 heightened 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 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 be at fault. As part of our services, your Burger Law personal injury lawyer will conduct a comprehensive investigation into your accident to find every liable party and hold them accountable.

Premises Liability

Proprietors have a responsibility to take reasonable measures to make sure their property is safe for invitees and licensees. If you sustain damages in a slip and fall because a property was unsafe, you may have a premises liability claim. 740 ILCS 130/, also known as 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 dangerous, the owner has a responsibility to either fix 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
• 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, 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. The following must be true in order to make a claim:

• The owner or manager created the dangerous conditions; or
• The owner or manager was aware of the condition and failed to repair it; or
• The owner or manager tried to repair the condition 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 Seneca, 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 do not accept any settlement offer until you have spoken to a personal injury lawyer.

Medical Malpractice

According to a 2016 study from John Hopkins University, medical errors are responsible for over 250,000 deaths each year. While not every error constitutes malpractice, when it does, you can make a medical malpractice claim.

Proving a medical malpractice claim is based on what is called the standard of care. The standard is how a prudent physician, 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 claim 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 physician who writes the affidavit is in the same practice area and geographic region as the health professional you are suing. A neurologist in Chicago is held to a different standard of care than a pediatrician in Kadoka, South Dakota. Burger Law knows numerous expert witnesses in Seneca and in other parts of Illinois who can help verify that your medical malpractice suit is valid.

Common instances of medical malpractice in Seneca, IL include:

• Nursing home abuse
• 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
• Blowing off 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 care for dog bites, and every year dog bites lead to about 12,600 hospitalizations. According to a Chicago Tribune article, Illinois insurance companies pay out the second-most money for dog bites than any state in the country.

510 ILCS 5/, the Illinois Animal Control Act, stipulates that the owner of a dog is strictly liable for your the injuries their dog causes, 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 lead to only superficial wounds, others can lead to expensive surgeries or lifelong scarring. In any case, you likely need an experienced and skilled Seneca, IL personal injury lawyer to secure you the best possible compensation you deserve.

Product Liability

Like dog owners, anyone in the chain of distribution of a product is strictly liable for the injuries a defective product causes. There are generally three theories a personal injury lawyer will use to make a product liability claim in Seneca, IL:

1. Design defect — This is a defect that occurs even if the product is manufactured correctly. This could include an SUV that is prone to rollover accidents, or a power tool whose safety guards do not prevent injuries.
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 packaging, or improperly attached electrical outlets.
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 make a product liability claim, you must demonstrate that the product carried inherent risks when used in a foreseeable manner, 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 someone was injured through no fault of their own. One of the great parts of choosing a Burger Law Seneca, 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.

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

The path to securing a financial settlement or verdict for your injuries begins the day you are injured. While some cases only take a few months, others can take several years before a jury finally renders a verdict. In total, the path to getting compensation consists of:

• Getting Medical Treatment — Get medical treatment immediately 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 getting the full treatment will lower how much compensation you receive. Our personal injury lawyers know reliable Seneca, IL health professionals who can help you in your recovery.
• Discussing Your Case With an Attorney — Even if you do not know if you need an attorney, you need to consult with one as soon as possible so they can become familiar with your case. A good lawyer will tell you bluntly what your legal recourses are.
• Investigation and Documentation — Once you have retained a lawyer’s services, your personal injury lawyer will carry out a complete investigation into your claim, determine every liable party and acquire the evidence they need to get you the best possible financial recovery. 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 the liable party’s insurance company. In the package we will include how we calculated your damages, and demand a financial recovery for all the ways your injuries have affected you. Usually, the insurance company will counter our offer with a lower number, and there will be several back-and-forths until they agree to pay for 100 percent of your damages.
• Filing a Lawsuit — If negotiations do not result in fair compensation, we will proceed to litigating the case and setting up a trial. During this time, we will continue negotiating in an effort to avoid a trial.
• Mediation — 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 hears 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 this phase, we will speak to eyewitnesses and expert witnesses, acquire 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 just before trial begins. However, if the insurance company still cannot see reason, we will defend your rights in front of a judge and jury. Trial consists of:
  • Jury selection
  • Opening statements
  • Testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Most people who speak with our Seneca, IL personal injury lawyers 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 every step of the way, keep you up to date on the status of your claim and manage all the legal aspects of your case so you can focus on healing.

What Types of Compensation Are Available in My Seneca, 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 your financial losses related to your injuries, for instance:
  • 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 losses that are harder to put a dollar figure on, 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 at-fault harmed you intentionally or they were 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 We can to get you the best possible financial recovery.

What Is the Time Limit for Personal Injury Claims in Seneca, 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 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 your 22nd 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 wait to contact an attorney. Call a personal injury lawyer today at (779) 800-HURT.

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

Burger Law’s Seneca, IL personal injury lawyers fiercely believe in zealous representation. That means we start working for your recovery the moment you hire us, pursue every legal option we have, fight back against insurance companies on your behalf and do not give up 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 Seneca, 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 Seneca, IL personal injury lawyer now at (779) 800-HURT or contact us online for a free consultation.