Personal Injury Lawyer in South Elgin, IL

Burger Law fights on behalf of people who are injured because someone else broke the rules. If you or a loved one has been injured all because someone else behaved recklessly or irresponsibly, Burger Law’s personal injury lawyers in South Elgin, IL demand the recovery you are owed and fight for you every step of the way. Reach out to Burger Law today at (314) 500-HURT or contact us online.

To calculate the value of your personal injury claim in South Elgin, or anywhere in Illinois, complete our free personal injury calculator.

The negligent parties that harmed you are responsible for compensating 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. We handle a litany of cases, including making claims against drunk drivers, holding negligent healthcare professionals, product manufacturers, store owners responsible, taking the fight to City Hall, to getting justice and financial security for South Elgin residents after the wrongful death of a loved one. If you have questions about your case, what compensation you are owed or other questions regarding personal injury claims, speak to one of our personal injury lawyers in South Elgin, IL immediately at (314) 500-HURT.

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

It can be difficult to know how to choose the right personal injury lawyer for you. You want someone who has won your type of case before and who is not afraid of a fight. In order to have a good understanding of the abilities of a law firm, you need to take into account the cases they have won, and what their clients and other lawyers say about them:

Premier South Elgin, IL Personal Injury Lawyers

The many awards and recognition Burger Law has received from other attorneys 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 made up 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. Fewer than 4 percent of all practicing attorneys are certified by an American Bar Association accredited certification board.

Personal Injury Lawyer South Elgin, IL – Recent Victories

Our South Elgin, 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 attorneys are committed to providing our clients the highest standard of legal representation, and we take great pride in our hard-fought successes. Check out some of 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 mentioning that no two cases are the same, and what you may be eligible to recover is going to depend on the circumstances of your claim. We fight for you so that we get the maximum amount of compensation possible.

Burger Law Reviews

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

What Is a Personal Injury Claim in South Elgin, IL?

A personal injury claim is your right under Illinois law to get monetary reimbursement for the wrong another person caused, and to hold the rule breakers accountable. The purpose of insurance settlements and civil litigation is to make you whole. The idea is to put you in the same position you were in before another person injured you.

In some cases, no outcome in your claim can fully return you to how things were before the injury. While you can be reimbursed for the financial losses you sustained, other damages cannot truly be expressed through dollar signs. If a family member died, you are permanently disabled, are permanently scarred or will have to receive medical treatment for the rest of your life, no legal process can change that. What compassionate and skilled personal injury lawyers like those at Burger Law are able to do is secure you fair compensation in order to provide a sense of justice and acknowledgment, and to give you financial security as it relates to your injuries.

Do I Need a Personal Injury Lawyer in South Elgin, 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 South Elgin, IL. The thing to ask yourself is, will I get more money with them? If your medical expenses are low, you did not miss much time off work and the other party’s fault is clearly established, a lawyer might not be necessary. But, you should hire a lawyer in South Elgin, IL under the following circumstances:

• There is a dispute about 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 significant and require extensive medical treatment
• There more than one party at fault
• Your damages exceed the liable policyholder’s policy limits

Our initial conversations and investigations are 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 do not pay until we win your case, and there is no reason for us to accept you as a client 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 South Elgin, IL?

While the legal literature concerning negligence and liability can be hard to navigate, whether or not you have a claim depends on the answer to one essential question: did someone else’s negligence cause you injuries? From a legal standpoint, you must prove the five elements of negligence:

1. Duty of care — You first need to demonstrate that the liable party had an obligation to keep you safe. In some cases this is automatic, as South Elgin, 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 particular relationship must have formed, for example a doctor-patient relationship or a vendor-patron relationship.
2. Breach of duty — Did the liable party fail in that duty? Did a driver crash into you you while they were running a red light? Did a doctor not order the appropriate tests? Did a trucking company force their employee to drive longer than regulations allow?
3. Cause-in-fact — You must demonstrate how the accident resulted in your injuries. For example, 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 liability. If you were injured in an auto accident, it is usually because another driver broke the rules of the road. But if the tires were faulty, a manufacturer or mechanic may be the one who is ultimately liable.
5. Damages — Finally, you need to demonstrate that the injuries resulted in financial losses. In personal injury cases, this is usually medical expenses and wages you could not earn while you were not able to work. With access to your medical records, this last part will be fairly easy to prove with the help of an attorney. Once we establish financial losses, we can also 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 South Elgin, IL before. You can speak to a personal injury lawyer today at (314) 500-HURT.

What Are Common Personal Injury Lawsuits in South Elgin, IL?

Practicing injury law in South Elgin, 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 have the experience to take on other cases. At Burger Law, we know how to get great results no matter the circumstances. We have won millions for our South Elgin, IL clients in the following types of cases:

Auto Accidents

The Bureau of Justice Statistics estimates that there are about 400,000 personal injury claims in any given year. About 52 percent of those are auto accident claims, 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 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, anyone behind the wheel must “exercise due care” to avoid colliding with anybody or anything else on the Illinois roads. If someone breaks the rules of the road and you end up hurt, you can file a claim.

Sometimes, a vehicle manufacturer, construction company or governmental entity may be at fault. As part of our services, your Burger Law personal injury lawyer will conduct a full investigation into your accident to find every liable party and hold them accountable.

Premises Liability

Property owners and managers have a responsibility to ensure their property is not hazardous for people who are not trespassing. If you are injured 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, stipulates that property owners 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.” Basically, if there is a dangerous condition that is not obvious, the owner needs to either fix the condition, post signage or rope it off. Examples of hazardous conditions are:

• Spills
• A recently mopped floor
• Broken concrete on a walkway
• Broken stairs
• Broken decks and balconies
• Potholes
• Overly steep inclines
• Ledges
• Poorly lit stairs and walking paths
• 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
• Absence of safety rails

Not all injuries on a property lead to a valid premises liability claim. If you were trespassing, did not pay attention to warning signs, such as 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 was aware of the hazard 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 store or insurance adjuster in South Elgin, IL may try to convince you that they are not liable for your slip and fall injuries because they had no idea about the condition 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 are responsible for over 250,000 deaths each year. While not every error constitutes negligence, when it does, you can make a medical malpractice claim.

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

According 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 imperative that the doctor who writes the affidavit has the same training and practices in the same area as the health professional you are suing. A neurologist in Chicago has a different standard of care than a pediatrician in Camden, Maine. Burger Law relies on numerous expert witnesses in South Elgin and in other parts of Illinois who can help verify that your medical malpractice suit is valid.

Common instances of medical malpractice in South Elgin, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Leaving objects in during surgery
• Hospital system errors
• Lack of consent
• Not ordering tests that a prudent doctor would
• Ignoring a patient’s complaints
• Not seeking a second opinion or recommending a different treatment plan when theirs is not working
• Prescription errors

Dog Bites

Each day, nearly 1,000 people require emergency care for dog bites, and every year about 12,480 people are hospitalized. 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, states that the owner of a dog is strictly liable for your the injuries their dog causes, assuming you did not provoke it and were not trespassing. “Strict liability” means that the owner is automatically liable, whether they were negligent or not. This means that the owner owes you a recovery regardless of how they acted.

While some dog bites are minor, others result in expensive surgeries or lifelong scarring. Regardless of the seriousness of your injuries, you likely need an experienced and skilled South Elgin, IL personal injury lawyer to ensure you get the best possible financial recovery you deserve.

Product Liability

Strict liability also applies to anyone involved in the chain of distribution of a defective product. There are generally three theories a personal injury lawyer will use to make a product liability claim in South Elgin, IL:

1. Design defect — This is a defect that occurs even if the product is manufactured correctly. 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 every product with the same design. Examples include rat droppings 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 was “unreasonably dangerous” when it was used in a way a manufacturer could anticipate, that it caused your injuries and that you had not significantly altered the product.

Burger Law’s personal injury lawyers will take on any case in which someone was injured due to another’s negligence. One of the benefits of choosing a Burger Law South Elgin, IL personal injury lawyer is that our team takes on all types of personal injury claims, and have won your type of claim before. 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 South Elgin, IL?

The journey to securing a financial settlement or verdict for your injuries can be long and complex. While some cases only take a few months, others can take several years before a jury finally renders a decision. Generally, the personal injury claims process consists of:

• Getting Medical Care — Seek medical care as soon as possible after an injury, and do not miss any appointments with your doctor, chiropractor or physical therapist. If you delay, it could bring complications to your claim, and not attending all your appointments will lower your final payout. Our personal injury lawyers know trustworthy South Elgin, IL doctors, chiropractors and physical therapists who can ensure you recover physically as best as possible.
• Consulting With an Attorney — Even if you do not know if you need an attorney, it is best to consult with one as soon as possible so they can become familiar with your case. A good attorney will tell you bluntly what your legal options are.
• Investigation and Documentation — Once you have hired an attorney, your personal injury lawyer will carry out an exhaustive investigation into your claim, ascertain who we need to hold accountable and gather the evidence they need to get you maximum compensation. You should also keep 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 know how much your claim is worth, 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. 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. While the case is being litigated, both parties continue negotiating.
• Mediation — Mediation is often the last chance for an agreement before trial. In mediation, an unbiased 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. In fact, 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:
  • Jury selection
  • Opening statements
  • Testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Most people who speak with our South Elgin, IL personal injury lawyers have never been through the personal injury claims process before, and do not know what to expect. Burger Law will be by your side from our initial consultation to full compensation, be there to answer all of your questions and oversee all the legal aspects of your case so you can spend your energy on healing.

How Much Is My Personal Injury Claim in South Elgin, 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 resulting from 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 bills, past and future
  • Out-of-pocket expenses
• Non-economic damages compensate you for the less tangible aspects of your injuries, such as:
  • Pain and suffering
  • Stress and anxiety
  • Loss of ability to enjoy life
  • Scarring and disfigurement
  • Inconvenience
  • Physical impairment
  • Loss of consortium

In some cases, 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 maximize your compensation.

What Is the Statute of Limitations for Personal Injury Claims in South Elgin, IL?

In Illinois, the statute of limitations is relatively short at two years for most personal injury claims, under 735 ILCS 5/. That means the clock starts ticking when your accident occurs, and expires after two years. However, there are three 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 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 wait to contact an attorney. Call a personal injury lawyer today at (314) 500-HURT.

Hire Burger Law

Speak to Personal Injury Lawyer in South Elgin, IL Now

Burger Law’s South Elgin, IL personal injury lawyers fiercely believe in zealous representation. That means we start working for your recovery the moment you hire us, investigate your case thoroughly, fight back against insurance companies on your behalf and do not let down until you receive the maximum recovery you deserve. We only give our clients the highest level of legal advocacy; 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 South Elgin, 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 South Elgin, IL personal injury lawyer now at (314) 500-HURT or contact us online for a free consultation.

Client Reviews

What our clients are saying about us

Juanita Matthews

Year of 2023

This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!

Shaunda S.

7 months ago

I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.

Emelia M.

3 months ago

Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.

Helen L.

a year ago

We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!

Judy M.

a year ago

They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!

Chelsea C.

5 months ago

Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.

David D.

2 months ago

Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.

Lisa B.

11 months ago

Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!

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