If you have been injured, 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 to address your injuries as soon as possible. 

You should also exchange insurance information with the other driver(s). But most importantly, 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 have a claim, there are many reasons why you should seek out the experience and advice of a personal injury lawyer. 

First, a personal injury attorney 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 will not voluntarily give you what you are entitled to – in fact, they want you to settle for as little as possible. VanDerGinst Law has the experience to exert the necessary leverage and get you the compensation to which you are entitled.

Second, do you really want to fill out loads of forms and deal with insurance people and medical providers?  You need to recuperate from your injuries – you don’t need additional stress. VanDerGinst Law will take the worry away. We make opening a file as easy and convenient as possible. We collect the necessary evidence to pursue your case. We conduct the investigation. We deal with the insurance people and medical providers, and coordinate any benefits that might apply to your case. And we negotiate to get you the best possible outcome.

Finally, with VanDerGinst Law on your side, there is no financial risk for you. If we don’t win your injury case and get you compensation, you won’t owe us anything!

If you were injured in an accident and required treatment for those injuries, you probably need the help of a personal injury lawyer. We suggest that you contact VanDerGinst Law 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.

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.

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 can be resolved without having to file a lawsuit. At VanDerGinst Law, we have a long history of proving our devotion to our clients.  Insurance companies know that. They know we will do everything in our power to get the best results for our clients – even if that means filing a lawsuit.

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, 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. 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 position possible to get the best settlements for our clients.

There are many elements that impact a personal injury case value.

These include 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 and earn income, the nature of the defendant and their insurance and/or assets, and other considerations. 

If an attorney tells you what your case is worth after a brief conversation about your injuries, they are either misinformed or misleading you.

Any of the following may apply for damages if you successfully show liability in your personal injury case:

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

Pain and suffering includes harm caused by physical injury and mental distress 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 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.

Even though other personal injury attorneys say they work on contingency, they may also require a retainer fee for costs like filing fees, expert fees, court reporter fees, etc. Over the course of working the case, those fees can add up to a significant sum.

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 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 don’t file a lawsuit within the applicable time, you are forever excluded from doing so. So it’s 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 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.

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.

If you were injured due to someone else’s negligence, 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 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. 

We do everything we can to make sure you are compensated for your injuries.