San Jose Personal Injury Attorneys

Under California law, the statute of limitations for personal most injury claims is generally two years from the date of the injury; however, there are some caveats and also rare exceptions to that rule. For example, notice of a claim against a government entity must be given within six months. Missing the statute of limitations deadlines may preclude your opportunity to recover damages, so be sure to talk to a personal injury lawyer as soon as possible to avoid that worst-case outcome.

Under California law, a victim may be able to seek damages from anyone who was even partially responsible for causing their injuries. However, if you were partially at fault for your accident, any award you eventually receive may be reduced by the percentage of fault attributable to you. For example, if you were in a motor vehicle accident with another driver and had $100,000 in damages but you were found to be 10 percent at fault, your compensation would be $90,000. It is therefore very important to build the strongest possible case using the facts that show the correct allocation of liability.

If a close family member was involved in a fatal accident or incident, you may be eligible to recover damages through a wrongful death claim against the responsible party. Wrongful death claims may be made by particular members of the decedent’s family, and usually benefit survivors such as spouses, partners, children, parents, or other financially dependent relatives. The damages that may be claimed in a wrongful death suit are limited to the loss are limited to damages related to the loss of value of the relationship, with some additional damages such as funeral and burial costs. For more information contact a skilled San Jose wrongful death lawyer today to discuss your case.

According to the City of San Jose's Department of Transportation, the city reported the following accident statistics over a five-year period from 2018 to 2023:

• 24,565 total traffic accidents
• 10,329 minor injuries, 4,064 moderate injuries, and 1,065 serious injuries
• 278 total traffic-related fatalities

Severe and fatal injuries reached a peak in 2021 and have declined somewhat in subsequent years. Speeding, distracted driving, and impaired driving were all named as major contributors to serious and fatal traffic accidents in San Jose and throughout California. Reach out to an experienced San Jose personal injury attorney right away if you suffered injuries or lost a loved one in a San Jose accident someone else caused.

Under California law, a victim may be able to seek damages from anyone who was even partially responsible for causing their injuries. However, if you were partially at fault for your accident, any award you eventually receive may be reduced by the percentage of fault attributable to you. For example, if you were in a motor vehicle accident with another driver and had $100,000 in damages but you were found to be 10 percent at fault, your compensation would be $90,000. It is therefore very important to build the strongest possible case using the facts that show the correct allocation of liability.

If a close family member was involved in a fatal accident or incident, you may be eligible to recover damages through a wrongful death claim against the responsible party. Wrongful death claims may be made by particular members of the decedent’s family, and usually benefit survivors such as spouses, partners, children, parents, or other financially dependent relatives. The damages that may be claimed in a wrongful death suit are limited to the loss are limited to damages related to the loss of value of the relationship, with some additional damages such as funeral and burial costs. For more information contact a skilled San Jose wrongful death lawyer today to discuss your case.

The San Jose area is a great place to live and work, and far more than a million people choose to do so.  However, living in such a highly populated area accident and injury risks.  Thousands of people in the area are injured each year in incidents caused by no fault of their own.

Many people refer to San Jose as the capital of Silicon Valley, and its famously mild weather and cultural attractions draw people from across the globe. Unfortunately, this also means that there are many ways to get hurt in an accident caused by someone else.

Some of the ways that you can suffer injuries include:

• Using bikeways or one of the area’s many bike paths or trails;
• Commuting on one of the city’s many freeways or expressways, such as Highways 17, 85, or 237, Interstate 280, 680, or 880, Capitol Expressway, Lawrence Expressway, or San Tomas Expressway;
• Slipping and falling while shopping at places like Santana Row, Valley Fair, Oakridge Mall, Eastridge Mall, or the Great Mall;
• Getting hit by a drunk driver in the SoFa District.

Many accidents in the area involve motor vehicles.  Some locations are more prone to crashes than others.

While you might feel that you deserve compensation for your injuries, it is common not to be familiar with how the personal injury claim process works.

Identifying liability - To have a valid claim, you must show that someone else was legally responsible for causing your injuries.

Many different parties can be negligent and lead to injuries, such as:

• Drivers;
• Employers of negligent employees;
• Rideshare companies;
• Trucking or bus companies;
• Property owners and managers;
• Stores and businesses;
• Product manufacturers;
• Dog owners.

In some cases, more than one party will share liability for your injuries and losses. We must identify all possible sources of liability to ensure that you receive the full and fair compensation to cover your past and future losses.

Calculating your losses - You must prove the compensation you deserve as part of your claim.  These calculations are not always easy. We consider your past and future medical bills, out-of-pocket expenses, lost earnings, pain and suffering, loss of enjoyment of life, disfigurement, and more to assess the full value of your claim.

Filing insurance claims - In some cases, the process begins with submitting a claim to the appropriate insurance companies, parties, or other liable entities.  Almost always, the insurance companies or responsible parties want to take as little responsibility as possible for the harm caused. This means that the first settlement offer you receive might be very low.  We are not easily deterred and have the experience, knowledge, confidence, and record to fight insurance companies and other defense interests to achieve the maximum settlement for you.

Filing a personal injury lawsuit - In cases where pre-litigation settlements do not occur or the case is better served by immediately starting litigation, we can initiate a personal injury lawsuit against the responsible parties. We will work to reach an out-of-court settlement or, if a settlement is not advisable, we will represent you at trial.  Unlike many others, we won’t hire someone else at the last minute to try your case.  We handle every case we take from intake to verdict.

The time it takes to resolve a personal injury claim in San Jose, California, or anywhere else, can vary widely depending on numerous factors. It is challenging to provide an exact timeline because each case is unique, and several variables can influence the duration of the process. Here are some key factors that can affect the timeline for resolving a personal injury claim:

• Severity of Injuries: The extent and seriousness of your injuries play a significant role in the timeline. Cases involving minor injuries may be resolved more quickly, while cases with severe or long-term injuries often require more extended medical treatment and evaluation.
• Medical Treatment: You should reach a point of maximum medical improvement (MMI) before pursuing a personal injury claim. This ensures that all medical expenses and the full extent of your injuries are known. The duration of your medical treatment and recovery can vary.
• Liability Disputes: If there are disputes over who is at fault for the accident or if liability is unclear, it can prolong the claims process. Insurance companies may need time to investigate and gather evidence to determine liability.
• Insurance Company Response: The responsiveness and cooperation of the insurance company involved can also impact the timeline. Delays may occur if the insurance company disputes the claim, requests additional documentation, or takes a long time to respond to settlement negotiations.
• Negotiations: Settlement negotiations can take time, especially if there are disagreements over the value of your claim. It may require several rounds of negotiation and communication between your attorney and the insurance company.
• Litigation: If a settlement cannot be reached through negotiations, the case may need to go to court, which can significantly extend the timeline. Litigation involves court procedures, discovery, and potentially a trial, which can take months or even years to complete.
• Statute of Limitations: Be mindful of the statute of limitations for personal injury claims in California. You have a limited time to file a lawsuit after the injury occurs, so it's essential to take action within the prescribed timeframe.
• Complexity of the Case: Complex cases involving multiple parties, disputed liability, or extensive damages may require more time to resolve compared to straightforward cases.

It's advisable to consult with an experienced personal injury attorney in San Jose to assess the specific details of your case and receive guidance on the expected timeline. An attorney can help you navigate the legal process, negotiate with insurance companies, and work toward a fair resolution of your claim as efficiently as possible. Keep in mind that while some cases can be resolved relatively quickly, others may take several months or even years to reach a resolution.

• Medical expenses: The cost of emergency transportation, hospitalization, radiology, surgery, medication, rehabilitation, and other treatment, including ongoing care and assistive devices, are compensable damages.
• Lost wages and lost earning capacity: Personal injuries often force victims to take time off of work to recover. Some victims with permanent disabilities can never fully return to employment in their prior capacity. Lost wages from time off and any permanently diminished ability to earn a living may be compensable.
• Pain and suffering: Most personal injury claims include compensation for the physical and emotional pain inflicted by an injury. The amount that may be awarded for these damages depends on a variety of factors, including the severity of the injury, the length of recovery, and any permanent disabilities.
• Emotional distress or mental anguish: These damages compensate victims for the emotional and psychological trauma of their injuries.
• Loss of consortium: Victims and/or their loved ones may be able to seek damages to compensate for a loss of consortium, meaning the negative impact their injuries have had on their relationship with their spouse or partner.
• Loss of enjoyment of life: Any significant impact on a victim’s ability to engage in activities typical of their prior lifestyle may be compensable damages.
• Property damage: If a victim’s property is damaged or destroyed, as is often the case in motor vehicle accidents, they may receive damages for repair or replacement value of their property.
• Punitive damages: While rarely awarded in negligence cases, if there are particularly egregious circumstances such as the acts or omissions of the defendant involved malice, oppression, or fraud, a victim may be entitled to punitive damages.

An experienced San Jose personal injury lawyer can best advise you on the claims you may make and will have the knowledge and resources to accurately calculate the value of your total damages.