Personal Injury Lawyer in Wheaton, IL

Personal Injury Lawyer in Wheaton, IL

Burger Law fights on behalf of people who get hurt because someone else broke the rules. If you has been injured all because someone else behaved recklessly or irresponsibly, Burger Law’s personal injury lawyers in Wheaton, 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 fill out our online form.

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

The negligent parties that hurt you are financially and legally responsible for taking care of your injuries and paying you all of what you are owed, but they will not do it willingly. Burger Law’s personal injury lawyer team fights back for our clients against whoever is standing in the way of justice. That includes anything from suing drunk drivers, holding negligent physicians, product manufacturers, dog owners accountable, suing the government, to getting justice and financial security for Wheaton residents 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 other questions regarding personal injury claims, call our personal injury lawyers in Wheaton, IL now at (779) 800-HURT.

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

Choosing the right personal injury lawyer for your case is essential. You want someone who has won your type of case before and who is not afraid of a fight. In order to gauge the abilities of an injury law firm, you need to look at their previous successes, and what their clients and peers say about them:

Award-Winning Wheaton, IL Personal Injury Lawyers

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

• Martindale-Hubbell Award — AV Preeminent® Rated by Martindale-Hubbell® from NexisLexis® – a notable achievement awarded to not more than 5 percent of all attorneys in the United States
• 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. Fewer than 4 percent of all practicing lawyers are certified by an ABA accredited certification board.

Personal Injury Lawyer Wheaton, IL – Recent Successes

Our Wheaton, IL personal injury lawyers have a demonstrated history of getting great results. We take on all who have hurt our clients, and we fight for a full recovery every time. Our lawyers are dedicated to providing our clients amazing legal representation, and we take tremendous pride in our well-deserved 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 important to remember that every injury comes with its own set of circumstances, and the compensation you receive is going to depend on the your specific injuries. 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.

What Is a Personal Injury Claim in Wheaton, IL?

A personal injury claim is your right under Illinois law to get a financial recovery for the damage another person caused, and to hold them accountable for breaking the rules. The recovery you receive is intended 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 “put back” all the things you lost in an 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 talented personal injury lawyers like those at Burger Law are able to do is ensure your injuries are recognized, and to provide you with relief from the financial losses resulting from your injuries.

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

While some cases can be successfully navigated without a lawyer, most of the time you will need one to get the full compensation you deserve in Wheaton, IL. The question to ask when thinking about whether or not to hire a lawyer 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 adjuster is being reasonable, you may not need an attorney. But, you will need legal representation in Wheaton, IL under the following circumstances:

• There is a dispute about liability, or the insurance company says the injuries are your fault
• The initial settlement offer is substantially below what you are owed
• 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 we can help your claim. Our personal injury lawyers work on a contingency-fee basis, meaning you do not pay until we win your case, and we have no reason to accept you as a client if we do not think we can significantly increase the value of your claim.

Do I Have a Personal Injury Claim in Wheaton, IL?

While civil law can be confusing, whether or not you can seek compensation generally depends on one specific question: were you injured because someone else was negligent? From a legal standpoint, you have to prove the five elements of negligence:

1. Duty of care — You first need to show that the liable party owed it to you to value your safety. In some cases this is automatic, as Wheaton, 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 been agreed to, 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 while they were texting and driving? Did a doctor not take into account your medical history? Did a dog owner let their dog roam unleashed?
3. Cause-in-fact — You must prove how the accident led to your injuries. For example, you broke your arm when your car was t-boned, or were burned by a defective product when it overheated.
4. Proximate cause — This determines who needs to be held accountable. If you were rear ended, the liable party is usually the driver that hit you. But if the tires were defective, someone in the vehicle’s chain of distribution may be ultimately liable.
5. Damages — Lastly, you must show that the accident resulted in economic harm. In personal injury cases, this is usually medical bills 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 the other ways your injuries have affected you.

If you have any doubts about whether or not you have a case, speak to a lawyer in Wheaton, IL who has won a similar claim before. You can speak to a personal injury lawyer now at (779) 800-HURT.

Types of Claims Our Wheaton, IL Personal Injury Lawyers Win

Being a personal injury lawyer in Wheaton, IL mandates that your lawyers and firm have a vast knowledge of the different types of cases that people deal with. Knowing the difference between the laws and defendants applicable to different types of claims is paramount. A lawyer 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 hold the liable party accountable in any type of claim. We have won millions for our Wheaton, IL clients in the following types of cases:

Auto Accidents

Statistics from the Bureau of Justice Statistics indicate that there are about 400,000 personal injury claims annually. About 52 percent of those are auto accident claims, such as:

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

Truck accidents can be especially catastrophic because trucks emit so much, and motorcyclists, bicyclists and pedestrians are all at 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 avoid colliding with anybody or anything else on the Illinois roads. If a driver is negligent, causes an accident and injures you, you can file a claim.

Sometimes, a vehicle manufacturer, construction company or governmental entity may be at fault. Your Burger Law personal injury lawyer will conduct a comprehensive investigation into your claim to find every liable party and hold them accountable.

Premises Liability

Proprietors have a responsibility to ensure their premises does not carry any risks for people who are legally on it. If you sustain damages in a slip and fall because a property was unsafe, you can make a premises liability claim. 740 ILCS 130/, also known as the Illinois Premises Liability Act, stipulates that property owners have a duty of care to entrants that is “of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.” Basically, if something that is not obvious makes the property dangerous, the owner has a responsibility to either repair the hazard or warn against it. Examples of hazardous conditions are:

• Spills
• A recently mopped floor
• Broken concrete on a walkway
• Broken stairs
• Broken decks and balconies
• Potholes
• Sudden changes in surface level
• Ledges
• Poor lighting
• 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

You do not automatically have a claim just because a property had a dangerous condition. If you were trespassing, ignored 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 knew about the risk and failed to repair it; or
• The owner or manager tried to fix 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 store or insurance adjuster in Wheaton, IL may tell you they are not liable for your slip and fall injuries because they had no idea about the condition or because you are to blame. That is not true, and always speak with a personal injury lawyer before accepting any settlement.

Medical Malpractice

According to a 2016 study from John Hopkins University, medical errors cause over a quarter of a million deaths annually. While not every error amount to negligence, when it does, a physician needs to be held accountable for breaking your trust.

Your medical malpractice cases will come down to what is known as the standard of care. The standard is how a prudent doctor, in the same area and with the same training as the one you are suing, would treat whatever ailment you saw them for.

Under 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 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 vital that the doctor 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 general practitioner in Decorah, Iowa. Burger Law knows numerous expert witnesses in Wheaton and all over Illinois who can help verify that your medical malpractice suit is valid.

Common examples of medical malpractice in Wheaton, IL include:

• Nursing home abuse
• Birth injuries
• Misdiagnosis and failure to diagnosis
• Leaving objects in after surgery
• Hospital communication errors
• Failure to secure consent
• Failing to order tests that a prudent doctor would
• Blowing off a patient’s complaints
• Not seeking a second opinion or recommending a different treatment plan when theirs 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 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, states that the owner of a dog is strictly liable for your damages if it bit you, assuming there was no provocation and you were legally allowed to be where you were. “Strict liability” means that the owner is liable as a matter of law and you do not have to prove negligence. This means that the owner owes you a recovery regardless of how they acted.

While some dog bites only lead to minor injuries, others can lead to reconstructive surgeries or permanent scarring. In any case, trust in a Burger Law Wheaton, IL personal injury lawyer to ensure you get the best possible financial recovery you deserve.

Product Liability

Like dog owners, anyone in the chain of distribution of a product is strictly liable for the damages a defective product causes. There are three categories of product liability claims in Wheaton, 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 an electrical appliance that melts when turned on high.
2. Manufacturing defect — This type of defect usually occurs to only one or several individual products, instead of an entire line of products. Examples include rat droppings getting caught in a soda can, or a seatbelt with a loose screw that comes undone during impact.
3. Failure to warn — This refers to a product that did not carry sufficient warnings when it was put to foreseeable use. For example, a medication that does not include certain side-effects in the labeling.

In order to recover compensation, you must show that the product carried inherent risks when it was used in a way a manufacturer could reasonably expect, that it caused your injuries and that you had not significantly modified the product.

Burger Law’s personal injury lawyers know how to get great results whenever a rule breaker injured someone else. One of the great parts of choosing a Burger Law Wheaton, 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 Wheaton, IL?

The path to securing maximum compensation for your injuries starts the day you are injured. While some accidents and injuries settle fairly early, others can take several years before a jury finally renders a decision. In total, the personal injury claims process consists of:

• Getting Medical Treatment — 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 sessions will lower both your economic and noneconomic damages. Our personal injury lawyers know reliable Wheaton, IL doctors, chiropractors and physical therapists who can ensure you recover physically as best as possible.
• Speaking With an Attorney — Even if you are not sure you are going to need to hire a lawyer, it is best to know what your options are as soon as possible. A good attorney will be honest with you about whether or not their services are needed.
• Investigation and Documentation — Once you have hired an attorney, your personal injury lawyer will perform a full investigation into the circumstances surrounding your injuries, determine who we need to hold accountable and acquire the evidence they need to get you maximum 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 those who are liable for compensating you. In the package we will include how we calculated your damages, and insist that nothing but the full amount is acceptable. Most of the time, the insurance company will counter our offer with a lower number, and there will be several back-and-forths until they agree to pay for all of your damages.
• Filing a Lawsuit — If negotiations do not result in fair compensation, 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 option for an agreement before trial. In mediation, a neutral 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, we will go into the pre-trial “discovery” phase. In this phase, we will speak to 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. In fact, many times we have gotten the settlement we were seeking just before trial begins. However, if the insurance company refuses to do the right thing, we will fight for your compensation in court. Trial consists of:
  • Voir dire
  • Opening statements
  • Testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Most of our Wheaton, IL clients have never been through the personal injury claims process before, and are unsure of what lies ahead. Burger Law will be your advocate every step of the way, be there to answer all of your questions and manage all the legal aspects of your case so you can focus on healing.

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

In general, 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, for instance:
  • Lost wages
  • Lost earning capacity if your injuries result in permanent disability
  • 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

Sometimes, we may also be able to pursue punitive damages if the at-fault 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 do not apply to most personal injury claims, 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 Wheaton, IL?

In Illinois, the statute of limitations is relatively short at two years for most personal injury claims, 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 a minor 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 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 seem like a long time, 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 handle in Wheaton, 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 Wheaton, IL Now

Burger Law’s Wheaton, 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 deserve. We only give our clients the highest standard of legal advocacy; 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 Wheaton, 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 Wheaton, IL personal injury lawyer now at (779) 800-HURT or contact us online for a free consultation.