San Jose Personal Injury Lawyer

Whether through negotiation or litigation, the goal of Attorney Jeff Car Accident Lawyer is to secure the maximum financial recovery for medical expenses, lost income, pain and suffering, and more.

Discover how we can maximize your personal injury claim by scheduling a free consultation or calling us at (409) 449-6897.

Common Types of Personal Injury Accidents in San Jose, CA
How Is Fault Determined in a Personal Injury Case?
What if I’m Also at Fault for the Accident?
How the Personal Injury Process Works
Do I Need to Hire a San Jose Personal Injury Attorney?
What Can Be Compensated in a Personal Injury Case?

Personal Injury Cases Attorney Jeff Car Accident Lawyer Specializes In

Accidents, whether involving a car, the workplace, in a store, or elsewhere, can have life-altering consequences. Personal injury law exists to hold negligent parties accountable for their actions, enabling injured victims to recover compensation for their losses.

Our San Jose personal injury lawyers maintain a successful track record in the following types of personal injury cases:

San Jose Bicycle Accidents
San Jose Car Accidents
San Jose Dog Bites
San Jose Motorcycle Accidents
San Jose Pedestrian Accidents
San Jose Slip and Falls
San Jose Truck Accidents
San Jose Lyft and Uber Accidents
San Jose Workers’ Compensation
San Jose Wrongful Death Claims

Common Types of Personal Injury Accidents in San Jose, CA

Due to its dense population, major freeways, and various outdoor recreational zones, the “Capital of Silicon Valley” experiences a high frequency of motor vehicle-related accidents and other incidents resulting in personal injury.

Motor Vehicle Accidents

Contributing factors to accidents in San Jose include construction zones, mixed traffic patterns, and common forms of driver negligence, such as distracted, impaired, or speeding. These accidents often involve:

Bicycle accidents
Commercial trucks (delivery vehicles, semi-trucks, 18-wheelers, etc.)
Motorcycles
Passenger vehicles (sedans, SUVs, other non-commercial vehicles)
Pedestrian collisions
Uber accidents and Lyft accidents

The city’s leading cause of fatalities and severe injuries is speeding, resulting in 670 people being either killed or injured in 2022.

Bicycle Accidents

The city is transforming into one of the most bike-friendly communities in North America, but it still lacks adequate infrastructure for bike lanes. This puts bicyclists at risk around careless drivers who make illegal turns, fail to yield, or make unsafe lane changes.

Pedestrian Accidents

Crosswalk safety is critical in San Jose due to heavy pedestrian traffic near San Jose State University and other school campuses, the downtown nightlife, and shopping districts like Santana Row and Valley Fair. Similar to bike accidents, common collisions involve right-of-way violations, failure to stop, and jaywalking.

Motorcycle Accidents

Due to a lack of protective shielding at accelerated speeds, motorcyclists are highly exposed in collisions. In addition to driver negligence, road conditions like debris, potholes, and poorly designed roads can also contribute to motorcycle accidents. These crashes often result in catastrophic injuries with long recovery periods.

Commercial Truck Accidents

The city’s proximity to the I-280 and US-101 freeways often results in collisions involving large trucks. Due to the size and weight of commercial vehicles, truck accidents are among the most serious motor vehicle accidents on California roads. These incidents typically lead to complex liability investigations, placing the truck driver, trucking company, and other third parties at fault.

Workers’ Compensation

Construction, manufacturing, and warehouse sites can expose workers to hazardous conditions, leading to injuries or illness. Workplace injuries can occur anywhere, even in seemingly safe office environments. Examples include repetitive strain injury (RSI) from typing or falling due to wet surfaces in break areas.

Slip-and-Fall Accidents

Property owners and businesses have a responsibility to maintain a safe environment for their customers and guests. If dangerous conditions, such as broken stair railings or wet surfaces, on private or commercial property are not addressed, a premises liability claim may be filed.

Dog Bites and Animal Attacks

Owner liability for animal bites or attacks on public or private property is governed by local ordinances and state law. This involves injuries inflicted by any pet, and may extend beyond “biting.” For instance, an injury resulting from a dog jumping on an individual, causing a head injury, also meets the criteria.

Wrongful Death

When a death occurs due to someone else’s negligence, it is considered a wrongful death. This means the death was caused by someone’s legal fault, which allows the deceased’s family to file a civil lawsuit for damages.

How Fault Is Determined in a Personal Injury Case

In order to successfully recover full and fair compensation, the four elements of negligence, proving fault, must be presented. This includes the following.

Duty of Care

Individuals are legally obligated with a duty of care to act with the same level of reasonableness that others would exhibit in similar situations. For example, drivers must obey traffic laws and property owners must maintain safe premises to avoid accidents.

Breach of Duty

A breached duty of care occurs when a negligent individual fails to uphold the responsibility to act reasonably. Common examples include speeding, texting while driving, restraining dangerous dogs, or failing to fix hazards.

Causation

The accident that caused the injury must be linked to the defendant’s actions. The California Courts use two legal concepts of actual cause (“but-for”) and proximate cause (foreseeability) for causation. This means the defendant’s actions were either the direct cause of the injury or the injury was a reasonably foreseeable outcome that could have been prevented.

Damages

The personal injury accident must have resulted in financial damages or another form of intangible losses. These are categorized into economic damages and non-economic damages. Common examples include medical bills, lost wages, property damage, emotional turmoil, or pain and suffering.

Comparative Negligence and When Fault Is Shared

California is an at-fault state and follows a pure comparative negligence rule. This means that all parties involved in causing the personal injury accident due to negligence may be held liable for damages; this includes the plaintiff, or the party filing the personal injury lawsuit.

Even if the victim (plaintiff) is partially responsible for the incident, compensation may still be awarded, but it will be proportionately reduced to reflect the assigned percentage of fault.

For example, if a victim is found 30% at fault in a $100,000 award, only the reduced amount of $70,000 can be recovered.

In cases of shared fault, it is vital to work with an experienced San Jose personal injury attorney to encourage a careful and fair case evaluation. This not only minimizes blame for victims, but it also maximizes financial recovery.

Common Injuries Subject to Compensation

The following are common examples of physical injuries and emotional harm that personal injury victims may suffer, but this list is not exhaustive. Any degree of physical and emotional pain brought on by someone else’s negligence may be the basis for a personal injury claim.

Broken Bones
Catastrophic Injury – Amputation, Organ Damage, Internal Bleeding
Emotional Trauma
Pain and Suffering
Severe Burns or Scarring
Spinal Cord Injury or Paralysis
Toxic Exposure – cancer, respiratory illness, compromised immune systems
Traumatic Brain Injury (TBI)

Every case is distinct, presenting its own unique set of circumstances. Regardless of apparent injury severity, seeking immediate medical attention following an accident is vital to protect your health and well-being.

The serious injury lawyers from our law firm assist personal injury clients in obtaining the full and fair compensation they are entitled to, beginning with a free case evaluation. If you suffered injuries or were involved in an accident, our experienced attorneys are here to help.

How the Personal Injury Legal Process Works

1. Consultation with an Experienced Attorney

If you plan to seek legal counsel for a San Jose accident, the process will begin with a case evaluation. The best San Jose personal injury attorneys offer a free consultation or free case checker to help injured victims understand all of their legal options.

Attorney Jeff Car Accident Lawyer offers complimentary case assessments to all prospective clients. These meetings aim to empower San Jose personal injury victims with more knowledge, without any obligation to retain our services afterward.

We will meticulously examine the accident specifics to identify all potential defendants and gather necessary evidence. Our team will also evaluate all possible legal strategies, including negotiating for the highest possible out-of-court settlement or proceeding with a lawsuit.

2. Representation and Investigation

Upon choosing our personal injury law firm for representation after the consultation, we will promptly initiate a thorough investigation.

This phase is critical, as evidence must be promptly secured to prevent it from becoming lost, destroyed, or otherwise unavailable. Valuable evidence includes the following:

Expert analysis (accident reconstructionist, medical specialists, economists, etc.)
Medical records (diagnosis, billing, etc.)
Police reports
Traffic camera or security video footage
Witnesses testimony
Work incident reports

3. Demand Letter Submittal and Negotiations

Once damages have been thoroughly assessed, the legal team will prepare a demand letter to the at-fault party’s insurance company, outlining:

A detailed description of the incident, including when, where, and how it occurred
An explanation of the other party’s fault and liability
A detailed list of sustained injuries and damages (e.g., medical bills, lost wages, pain and suffering)
A specific demand for a settlement amount
Supporting documentation such as medical records, bills, and other relevant evidence proving losses

The insurance company has 15 days to acknowledge receipt of the personal injury claim and 40 days to accept or deny it. This is sometimes followed by negotiations if the at-fault party’s insurance company does not accept the initial demand.

4. File a Personal Injury Lawsuit

Most personal injury claims settle, but if a fair settlement cannot be reached, a lawsuit may be filed, and the case is prepared for trial. This lawsuit must be filed within the statute of limitations, which is typically two years from the date of injury.

Discovery and Litigation

Leading up to a trial, both parties will engage in a process of “discovery.” This includes exchanging evidence, deposing witnesses, and filing motions. In some cases, a settlement may be reached during this stage, preventing the need for a trial, based on the information revealed during discovery.

5. Trial

Should the case go to trial, it will be presented with evidence of liability to a judge and jury, advocating for the highest possible damages. If successful, the court issues a verdict, and damages are awarded.

Do I Need to Hire a San Jose Personal Injury Attorney?

No. However, legal representation is strongly recommended under specific circumstances. Retaining the legal services of an experienced personal injury attorney is invaluable, offering the following benefits:

Maximize Personal Injury Compensation

Our dedicated legal team conducts thorough investigations to identify all negligent parties, building strong, winnable cases that prove the extent of damages and ensure full accountability. This ensures personal injury claims account for both economic and non-economic losses, such as:

Diminished quality of life
Lost income and reduced earning capacity
Past medical care and future medical bills
Physical pain and emotional suffering

We also prepare for aggressive negotiations with insurers and are ready to represent clients at trial if an out-of-court settlement is not reached.

Build a Strong Evidence-Based Case

Our personal injury law firm possesses the resources to conduct a detailed investigation. We also collaborate with accident reconstruction experts to establish how the incident occurred and identify fault.

Additionally, we work alongside medical professionals to establish the link between injuries and the accident, and with financial experts to evaluate the extent of monetary losses.

Protect from Insurance Companies

Insurance companies often attempt to minimize payouts by presenting early, insufficient settlement offers before the victim clearly understands the case’s true value or has sought legal counsel.

Other common insurance tactics include delaying personal injury claim processing until the statute of limitations expires, outright denying the claim, or minimizing its value by blaming the victim for the incident.

A personal injury lawyer serves as the primary contact, preventing insurance adjusters from exploiting victims in their vulnerable state and strategically negotiating for the full and fair settlement deserved.

Navigate Complex Cases – Shared Fault and Government Involvement

When a public agency, such as city trucks or the San Jose Department of Transportation, is involved in a case, specific claims procedures must be followed.

The statute of limitations for these cases is significantly shorter, reduced to just six months. Experienced San Jose injury attorneys are knowledgeable about these protocols and can guide clients through the process.

When fault is shared, partnering with a seasoned San Jose personal injury attorney is crucial for animpartial case assessment. This approach helps to both reduce the victim’s attributed blame and optimize their financial compensation.

Damages That Can Be Recovered in a Personal Injury Case

Victims are entitled to seek fair compensation for any losses incurred due to the incident. This includes both monetary and non-monetary losses, which are classified as economic and non-economic damages.

Economic Damages: Any accrued or out-of-pocket expenses, including medical expenses, lost wages, property damage, or home modifications for handicap accessibility
Non-Economic Damages: Intangible losses affecting the victim’s well-being, such as pain and suffering, emotional distress, anxiety, loss of consortium or companionship, or loss of enjoyment of life
Punitive Damages: Rarely awarded, but possible if one party acted with gross negligence, like drinking and driving

Statute of Limitations in San Jose, CA

In California, personal injury lawsuits generally have a two-year statute of limitations from the date of injury. Failing to meet this deadline typically means forfeiting the right to file a lawsuit. Some exceptions to the two-year rule include:

Delayed Discovery: The statute of limitations is delayed when the injured party discovers or should have discovered a sustained injury, particularly if harm was not immediately apparent.
Government claims: Accidents invovling government entities, like a government employee or city vehicle, must be submitted within 6 months of the injury date.
Minor involvement: In cases where a minor is injured, the two-year statute of limitations commences when the minor reaches 18 years of age.
Wrongful Death: A wrongful death claim may be filed by family members within two years from the date of death, not the date of injury.

What Personal Injury Victims Must Do Immediately After an Accident

Seek medical care—even if injuries seem minor and maintain consistent treatment and follow-up appointments.
Document everything—preserve evidence, take pictures of the accident scene and visible injuries, collect witness statements, and contact information.
Don’t make recorded statements with the other involved parties or their insurance company.
Contact an experienced San Jose personal injury lawyer before signing any paperwork to protect your personal injury claim.
Keep records of all medical bills, related invoices, and journals of pain levels and how the injury has affected your daily life.
Avoid discussing the case on social media posts or other public forums that insurance companies can see, and minimize your current state.

Frequently Asked Questions About San Jose Personal Injury Accidents

How much is my case worth?

While there isn’t a fixed amount for case value, we can thoroughly evaluate your specific situation during a free consultation. Ultimately, a case’s value is determined by the severity and permanence of injuries, medical expenses, lost income, and non-economic damages. Emergency room bills, expert evaluations, and future life projections also influence the final value.

What do I do if the other party’s insurance contacts me?

Do not talk to them. If filing a personal injury claim through your insurance provider, only provide minimal factual information, like the date, time, and whether injuries were sustained. Do not speculate what happened or imply who was at fault. Any future discussions with both insurance companies should be handled by an experienced personal injury lawyer.

How long will my case take to settle?

Depending on the type of accident, severity of damages, disputed liability, or whether the case goes to trial, reaching a personal injury settlement can take months to years. If liability is unclear or shared, a trial could extend the legal process by 18-24 months until a verdict is reached. Early engagement with a personal injury attorney can significantly expedite the case’s resolution.

Do I really need to hire a San Jose Personal Injury Attorney?

Not all the time. Minor injury cases with undisputed liability may be resolved directly through insurance. However, legal representation is highly recommended for serious injuries or claims exceeding $10,000. At the bare minimum, an attorney consultation is advised to fully understand your situation and the intentions of the other party’s insurance to avoid being left with out-of-pocket expenses.

What if the accident was partly my fault?

You can still recover compensation under California’s pure comparative negligence laws, but the final award will be proportionally reduced by your assigned percentage of fault. It is important to note that the opposing party’s insurance carrier will likely attempt to maximize your assigned liability to minimize their payout.

Why Choose Attorney Jeff Car Accident Lawyer for Your Case?

Our San Jose personal injury attorneys possess the professional insight and experience to maximize case outcomes. The key qualities we possess include:

A winning track record to achieve maximum compensation through a personal injury settlement or court verdict
Experience with various personal injury cases that result in serious injury, like motor vehicle accidents, premises liability, workplace accidents, dog bite cases, and more
Strong local insight into the San Jose court systems and local insurance companies, establishing familiarity with their tactics and procedures

Additionally, we work on a contingency fee basis. This means no upfront legal fees, and we only collect compensation for our legal services if the case results in a win.

Next Steps: Optimize Your Personal Injury Case

If you’ve been injured in San Jose due to someone else’s negligence, take the immediate steps to protect your health and legal rights. To begin building your case, consult a trusted personal injury attorney to help you get the compensation you need to recover and move forward.

With the resources outlined here, you’ll be well-equipped to pursue your claim, hold the responsible party accountable, and secure the maximum compensation for your injuries and losses.

If you’re ready to make your recovery a priority, reach out to a qualified San Jose personal injury attorney today. You deserve the support and expertise that leads to full justice.

Schedule a Free Consultation Today

After an accident, Jeff’s got you. Schedule your free case evaluation today and speak with our San Jose injury lawyers to learn how we can maximize your case. We are available to assist 24 hours a day, seven days a week.

Address: 66 E. Santa Clara St. Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897

Attorney Jeff Car Accident Lawyer’s Other Locations

Speak with our personal injury attorneys today for a free consultation. We have locations throughout the Golden State.