Frequently Asked Questions
Q. How long do I have to file my case?
A. Generally, the statute of limitations in California for a personal injury claim is two years from the date of injury or death. In some instances the period to file suit may be shorter or longer. The time to file a claim is shorter if the case involves a public entity such as the State, a county or municipality when there is a six (6) month claim statute. A medical malpractice action or a civil rights action also can have a shorter time to file. You should seek representation as soon as possible after an accident to avoid problems with the statute of limitations which will operate as a bar to your claim. Delay in pursuing your case almost always works to the benefit of the negligent wrongdoer.
Q. What does it cost to consult with the firm on my case?
A. There is no fee or cost to you to consult with Van Blois & Associates. If we cannot take your case, we charge you nothing for our time or expenses in reviewing your case.
Q. How do I pay my attorneys?
A. We advance all of the costs of a case at our own risk. The fee contract between the firm and a client is negotiated on a case by case basis. The firm accepts most cases on a contingency fee basis. If your case is accepted on a contingency fee, the firm will receive a percentage of your settlement or judgment when the funds are collected. If no recovery is made, the client will not pay a fee for any of our services.
Q. How soon will my case be resolved?
A. The time required to resolve a case depends on the type of case, complexity of the issues and whether the case goes to trial or settles. Our firm directs its efforts to resolving cases at the earliest opportunity through direct settlement discussions with the other party’s insurance carrier or attorney, mediation, arbitration or trial. There is no “typical” amount of time in which cases are finalized, but generally cases settle within one to two years of commencement.
Q. Will I have to go to trial?
A. Ninety-five percent of all cases settle before trial. However, our practice is to prepare every case as if trial will be unavoidable. In our experience, the best settlements occur when cases have been thoroughly prepared for trial.
Q. Do you handle cases outside of the Bay Area?
A. Yes, We routinely represent clients from all over California and occasionally in other states.
Q. Will you work with my family attorney?
A. Yes. We will include your family attorney if you request this and a referral fee can be arranged at no additional cost or expense to you.
Q. Who decides if a case should settle or go to trial?
A. The risks of trial are considerable: while the reward potential may be greater than a settlement, an adverse decision could result in the loss of any compensation. We will advise you in this decision-making process, but the client will make the final choice.
Q. What if the police blame me for the accident?
A. Often police investigations attribute fault for the accident to the injured victim. If this occurs, it does not necessarily mean you do not have a case. A thorough investigation of the facts of the accident by use of experienced accident reconstruction experts will provide the true causes of an accident. We have been very successful in proving police investigations and other governmental investigations were flawed, or biased and overlooked important evidence. Whenever there is a severely injured person involved in an accident, that person should obtain the services of a competent experienced lawyer who will provide a thorough investigation.
