If you are safely able to do so, you should gather witness information and photos and/or video of the accident site. If necessary, contact the police or other emergency personnel to get the necessary medical attention to address any acute injury. 

Do NOT sign anything for the other party’s insurance representatives. Do NOT give the other party’s insurance representatives a recorded statement.

If you were injured in an accident or due to negligence, seeking legal representation makes sense for several reasons.  

First and foremost, 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.  In fact, insurance adjusters will try to get you to settle for as little as possible. The experienced attorneys at VanDerGinst Law can exert the necessary leverage to get you the compensation to which you are entitled.

Second, if you’ve been injured, you need rest and recuperation – not additional stress. VanDerGinst Law will handle the details. We collect the necessary documentation to pursue your case. We conduct the investigation. We deal with the insurance representatives and medical providers, and we coordinate benefits. And we negotiate to get you the best resolution possible.

Third, there is no financial risk in contacting VanDerGinst Law. 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 should contact an attorney as soon as possible. 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.

Why? If you wait, it may be too late. Important documentation could be lost. Witnesses’ memories might not be as reliable. And you might lose your leverage with the insurance companies.

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.

Contrary to common misconceptions, most personal injury claims can be resolved without having to 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 proven our dedication to our clients – and insurance companies know that. They know we will file lawsuits, if necessary, to get the best results.

Even if it’s necessary to file a lawsuit for your injury case, that does not mean it will proceed all the way to a trial.

On average, 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 position your case to get the best possible settlement.

There are many elements that impact a personal injury case value. Such elements 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 your 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 the physical pain and mental suffering that results from someone’s accident and injuries. The term encompasses not just pain and discomfort, but also the detrimental effects the injured person is likely to suffer, now and in the future.

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.  We do not get paid unless and until you do.

Additionally, even though other personal injury attorneys say they charge a contingent fee, they may also charge 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 forward all costs necessary to pursue your claim.

The amount of time in which a person must file a lawsuit is known as the statute of limitations.

In Iowa, that time is generally two years from the date of the injury, and there are very limited exceptions which may extend that time. Some situations might require notices to be sent or lawsuits to be filed earlier than that two-year period.

If you neglect to file a lawsuit within the applicable time, you are forever barred from doing so. Therefore, you should get VanDerGinst Law on your side as soon as possible.

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

If you are partly at fault, your compensation will be reduced by the proportionate percentage of fault. For example, 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.  That includes 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 ample assets available outside of insurance.