First, you should gather witness information and photos and/or video of the accident site if you are safely able to do so. 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.

There are many reasons that it makes sense for you to be represented by a personal injury lawyer when you have a claim. 

First, the right lawyer can make a difference in the amount of compensation you will recover from your claim. Insurance carriers and other big business defendants have lawyers looking out for their interests. Insurance adjusters will try to convince you to settle for as little as possible. They do not voluntarily give you what you are entitled to. An experienced personal injury attorney can exert the leverage necessary to get you the compensation to which you are entitled. VanDerGinst Law has that experience.

Second, why would you want to fill out loads of forms and deal with insurance people and medical providers?  You need rest and recuperation from your injuries, not additional stress. Let VanDerGinst Law handle the stressful part. 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 to get you the best resolution possible.

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

If you were injured at work or due to negligence and required medical treatment for those injuries, you probably need the help of a personal injury lawyer. You should contact an attorney as soon as possible after getting the initial medical care 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.  An experienced injury attorney can ensure that those values are much greater than they would be with no attorney working on your behalf. Witness statements and evidence often needs to be secured immediately after the incident. A good lawyer will also advise you against signing medical authorization or giving recorded statements.  There are just too many things that can go awry if you do not get a personal injury lawyer on your side as soon as possible after your injury.

Here’s the good news: most personal injury claims can be resolved without having to file a lawsuit. The key is to hire an attorney who is willing to file lawsuits and fight for justice whenever it is necessary to get the greatest results for clients.

At VanDerGinst Law, we have a long history of proving our devotion 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.  Typically, 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 – which often results in a settlement. 

At VanDerGinst Law, we prepare all cases as if they will go to trial so we can 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 misinformed or misleading you.

There are many elements that impact the value of your personal injury case. These 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 you successfully show liability in a personal injury case, any of the following may apply for damages:

• 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 is 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. If we don’t get you compensation 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.

Additionally, even though other personal injury attorneys say they charge a contingent fee, they may also require a retainer fee for costs like filing fees, expert fees, court reporter fees, etc. That can often be hundreds, even thousands of dollars. At VanDerGinst Law, there is NO RETAINER FEE on injury cases.  We front 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 Illinois, 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 neglect to file a lawsuit within the applicable time, you are forever excluded from doing so. Contact VanDerGinst Law as soon as possible.

Illinois recognizes something known as “Modified Comparative Fault”.

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

If you are partly at fault, your compensation will be reduced by the proportionate percentage of fault.  However, if you are 51% or more to blame, then you are not entitled to 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 required to pay the costs for all bills for reasonable and necessary treatment.  This includes medical bills, chiropractic bills, dental bills, physical therapy bills and any other similar costs. 

If the party responsible for causing an injury accident does not have insurance or does not have enough insurance, there might be other sources of compensation.  The attorneys at VanDerGinst Law exhaust every possible avenue to identify those sources.

Sometimes we can find employers, people, or entities who may be vicariously liable. Sometimes we can turn to our client’s own uninsured or underinsured insurance coverage. And sometimes we determine that the responsible party has ample assets available outside of insurance.