The first thing you should do if you’ve been injured is to gather witness information and photos and/or video of the accident site if you are safely able to do so. Contact the police or other emergency personnel if necessary. It’s important to get appropriate medical attention to address any acute injury as soon as possible. 

Above all, DO NOT sign anything for the other party’s insurance representatives, and DO NOT give the other party’s insurance representatives a recorded statement.

Of course a personal injury law firm would say “Yes!” to that question. But in truth, there are many reasons why it makes sense to get legal representation when you have a claim. 

First and possibly most critically, 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 a team of lawyers looking out for their interests. 

They are NOT going to give you what you are entitled to – in fact, insurance adjusters will try to get you to settle for as little as possible.  Only an experienced personal injury attorney has the leverage necessary to get you the compensation to which you are entitled. VanDerGinst Law has that experience.

Second, who wants to deal with insurance adjusters and medical providers?  You need rest and recuperation from your injuries, not additional stress. VanDerGinst Law will help take the worry away. Opening a file with us is easy and convenient. We collect the documentation necessary to pursue your case. We conduct the investigation. And we negotiate to get you the best possible outcome.

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 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.
• Do not wait until you get tired of negotiating on your own.

Why? If you wait, it may be too late. Important documentation could be lost. Witnesses’ memories might not be as reliable. You could make decisions or take actions that will cost you fair compensation. And you might lose your leverage with the insurance companies.

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 without an attorney working on your behalf. Witness statements and evidence often needs to be secured immediately following the event. 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 on your side as soon as possible after your injury.

Most personal injury claims are resolved without having to file a lawsuit. That only happens if your personal injury lawyer 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 for our clients.

Even if you must file a lawsuit in your personal injury case, that does not mean it will proceed all the way to a trial.  About 95% of all injury cases are settled before going to trial. During trial preparations, each side becomes more familiar with the case’s strengths and weaknesses – and this 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 possible position 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 misinformed or misleading you. There are many factors that impact a personal injury case value. These include your age, the type of accident, the nature, extent and duration of your injuries and treatment needs, the impact of your injuries on your ability to work, scarring and disfigurement, the impact on your family, the defendant’s insurance and/or assets, and other considerations. 

Any of the following may apply as damages in your case if you successfully prove liability:

• Past and future medical bills
• 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
• Past and future lost income
• Scarring or disfigurement
• Loss of consortium
• Out of pocket expenses
• Other potential damages

Pain and suffering refers to the harm caused by physical injury and mental distress related to the accident and injuries. Compensation for pain and suffering is based on a multiple of the amount of the economic damages associated with the accident.

There is no hard and fast rule for the calculation of pain and suffering damages, and there are many factors that affect the value of the “pain and suffering” part of a personal injury case.

At VanDerGinst Law, we handle personal injury cases on a contingent fee basis.  That means that if we don’t get 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 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 of the total recovered amount.

Other personal injury attorneys may say they charge a contingent fee. But they may also require a retainer fee for costs like filing fees, expert fees, court reporter fees, postage, obtaining records, and more. That can often be hundreds, even thousands of dollars. At VanDerGinst Law, there is 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 Illinois, that time is generally two years from the date of the injury. 

Some very limited exceptions may extend that time.  In some situations, it may be required that notices be sent or lawsuits filed earlier than that two-year period. 

If you neglect to file a lawsuit within that 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.

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.  If you are 51% or more to blame, then you are not entitled to compensation.

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

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

Sometimes the party responsible for causing an 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 identify a compensation source.  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 ample assets available outside of insurance to compensate our client.