If you are able, without risking your health or safety, you should collect witness information and photos and/or video of the accident site. Of course, if necessary, contact the police or other emergency personnel. Get the appropriate medical attention necessary to address any acute injury as soon as possible.  Do NOT sign anything for the other party’s insurance representatives.  Do NOT give the other party’s insurance representatives a recorded statement.

Of course, you would expect a personal injury law firm to say “yes” to that question.  Indeed, that is our short answer.  But there are many reasons that it makes sense for you to be represented by a personal injury lawyer when you have a claim. 

First and possibly most importantly, the right lawyer can make a huge difference on the amount of compensation you will recover from your claim.  Insurance carriers and other big business defendants have lawyers looking out for their interests.  They do not willingly give you what you are entitled to.  In fact, it is the job of insurance adjusters to get claimants to settle for as little as possible.  Only the leverage that can be exercised by an experienced personal injury attorney who is willing to file a lawsuit on behalf of clients, can get you the type of compensation to which you are entitled.  VanDerGinst Law has that experience.

Second, why would you even want to tackle the mess associated with filling out mountains of forms and dealing with insurance people and medical providers?  You need rest and recuperation from your injuries, not additional stress. VanDerGinst Law will take the worry away.  We make opening a file as easy and convenient as possible.  We collect the documentation necessary to pursue your case. We conduct the investigation. We deal with the insurance people and medical providers, and coordinate benefits.  We negotiate and get you the best resolution possible.

Third, there is no financial risk to having VanDerGinst Law on your side. If we do not win your injury case and get you compensation, you will not owe us anything!

If you were injured in an accident and required any type of treatment or attention to those injuries, your accident probably warrants the attention of a personal injury lawyer as well.  With respect to the question of how soon you should speak to an attorney, we suggest that you contact VanDerGinst Law as soon as possible after getting the initial medical attention necessary to address your injuries. 

• Do not wait until you are done treating.
• Do not wait until you have spoken to insurance representatives or adjusters.
• Do not wait until you get tired of negotiating on your own.

Adjusters set tentative values on injury claims at a very early stage.  Having an experienced injury attorney on your side can ensure that those values are adjusted much higher than they would be with no attorney.  Witness statements and evidence often needs to be secured at an early stage. A good lawyer will also advise you against signing medical authorization or giving recorded statements.  There are just too many things that can go wrong if you do not get a personal injury lawyer onboard as soon as possible after your injury.

Most personal injury claims can be resolved without having to even file a lawsuit.  That only happens if your personal injury lawyer has shown that he or she is willing to file lawsuits and fight for justice whenever it is necessary to get the best results for clients.  At VanDerGinst Law we have a long history of proving our dedication to our clients.  Insurance companies know that.  They know we will file lawsuits if necessary, to get the best results. 

Even if your personal injury case must have a lawsuit filed, that does not mean it will proceed all the way to a trial.  Probably 95% of all injury cases are settled before going to trial. During trial preparations each side becomes more familiar with their particular strengths and weaknesses.  That often results in a settlement.  At VanDerGinst Law we prepare all cases as if they will go to trial.  That way we can be in the best position possible to get the best settlements for our clients.

If an attorney tells you what your case is worth after a brief conversation about your injuries, they are either misleading or misinformed.  There are many factors which impact a personal injury case value. Such factors include your age, the type of accident, where you live, the nature, extent and duration of your injuries and treatment needs, the impact of your injuries on your ability to work and earn income, scarring and disfigurement, the impact on family, the nature of the defendant and their insurance and/or assets, and other considerations too numerous to mention.

If successful in showing liability in a personal injury case the damages may include any of the following which may apply:

• Past and future medical bills
• Past and future lost income
• Past and future physical and mental pain and suffering
• Past and future loss of function of mind and body
• Past and future loss of enjoyment of life
• Scarring or disfigurement
• Loss of consortium
• Out of pocket expenses
• Other potential damages

Pain and suffering include harm caused by physical injury and mental distress experienced due to ancillary issues related to the accident and injuries.

At VanDerGinst Law we handle personal injury cases on a contingent fee basis.  That means that if we fail in getting you money for your injuries, there is NO ATTORNEY FEE.  You will never be out of pocket a dime.  We do not get paid unless and until you do.  Our fee is a percentage of the amount recovered. The percentage depends on the type of case we handle and whether the case must be litigated.  But it is never more than 40% of the recovery and is usually between 20% and one third. 

Additionally, even though other personal injury attorneys say they charge a contingent fee, they may also require a retainer fee for costs (for filing fees, expert fees, court reporter fees, postage, records, etc.)  That can often be hundreds, even thousands of dollars.  At VanDerGinst Law we charge NO RETAINER FEE on injury cases.  We forward all costs necessary to pursue your claim.

The statute of limitations is the law that sets the time in which a person must file a lawsuit.  In Iowa, that time is generally two years from the date of the injury.  There are very limited exceptions which may extend that time. 

There are also some situations which require notices be sent or lawsuits filed earlier than that two-year period.  If you fail to file a lawsuit within the applicable time, you are forever barred from doing so.  Therefore, it is always a good idea to get VanDerGinst Law in your corner as soon as possible.

Iowa recognizes something known as “Modified Comparative Fault”. Under the Modified Comparative Fault System, each party is held responsible for damages in proportion to their own percentage of fault pro-rata, unless the plaintiff’s negligence reaches 51%. 

So, if you are partly at fault your compensation will be reduced be the proportionate percentage of faut.  However, if you are 51% or more to blame, then you are entitled to no compensation.

Therefore, if a reasonable award were determined to be $100,000 but you were 40% at fault, your award would be reduced by 40% so that you would receive $60,000.

The responsible party is obligated to pay the costs for all bills for reasonable and necessary treatment.  That can include medical bills, chiropractic bills, dental bills, physical therapy bills and any other similar costs. 

Sometimes the party responsible for causing an injury accident does not have insurance to pay for the damages or does not have enough insurance.  When that happens, VanDerGinst Law leaves no stone unturned to see if a compensation source can be identified. 

Sometimes we can find employers and other sources who may be vicariously liable.  Sometimes we can turn to our client’s own uninsured or underinsured insurance coverage.  Sometimes we determine the responsible party has plentiful assets available outside of insurance.