San Jose Car Accident Injury Lawyers

Every car accident case is unique, and the types of compensation you may be eligible for will depend on the specifics of your situation. Consulting with a knowledgeable attorney can help you explore all avenues for compensation, ensuring that you receive the support needed to cover expenses and address the impact on your life. Taking these steps can be vital in moving forward with confidence and security.

What is the statute of limitations for a car accident in California?

It is important to take action soon after a car accident – and there are deadlines to meet. This deadline is called the statute of limitations. The statute of limitations for a car accident helps to ensure that legal action is taken to prevent any delays in a trial and when evidence is most readily obtainable.

In California, you have two years from the date of an accident to file a personal injury related to a car accident. For property damage, you have three years after a car accident to file a claim. Speaking with a knowledgeable attorney right away, however, is the best way to protect your interests.

Should I talk to an attorney before talking to the other driver’s insurance company?

Yes. Insurance companies often have their own interests in mind, which could cause you to recover less than fair compensation for your injuries and losses. An insurance adjuster may try to get you to admit partial fault for an accident or reveal other information that could impact your case.

Before talking to an insurance company, it may be best to speak to an attorney who can talk to insurance adjusters on your behalf.

Can I still recover damages if the other driver doesn’t have car insurance?

Uninsured and underinsured drivers are a real problem. If the driver who caused your accident is in either of those categories, it could potentially prevent you from recovering fair compensation for your injuries and losses. However, you may still be able to recover compensation through your own insurance policy.

If you have underinsured/uninsured motorist coverage on your policy, that could provide your coverage for medical bills and vehicle repair costs if the other driver doesn’t have car insurance. You can explore your legal options to pursue damages by talking to an experienced personal injury attorney.

How is compensation calculated for pain and suffering?

Compensation for pain and suffering is subjective, often varying based on case specifics, such as the severity of your injuries, how they affect your daily life and the duration of your recovery.

For example, chronic pain or long-term disability typically results in higher compensation than minor, short-term injuries. Courts and insurers often use two methods to calculate this:

• Multiplier method: Your sum of economic damages is multiplied by a factor of 5 to 5 based on injury severity.
• Per diem method: A daily rate is assigned to your pain, multiplied by the number of days you are affected.

Strong medical records, therapist notes and personal journals documenting your struggles can strengthen your claim. An experienced attorney can help ensure these intangible losses are accurately valued and negotiate aggressively to maximize your compensation.

What if I was partially at fault for the accident? Does fault matter?

With the California pure comparative negligence rules, you can recover damages even if you are partially at fault. Your percentage of fault reduces your compensation. For instance, if you are deemed 30% responsible for an accident causing $100,000 in damages, you could recover $70,000.

Fault determination impacts settlement negotiations, so evidence like police reports, witness statements and accident reconstruction is critical. Insurance companies may try to overstate your fault to minimize payouts. Experienced attorneys can challenge such tactics by advocating for fair fault allocation.

How long does it take to settle a car accident claim?

The timeline depends on injury severity, liability disputes and insurer cooperation. Simple cases with clear fault and minor injuries may settle in weeks. Complex cases involving surgeries, disputes or uncooperative insurers can take months or years. Key steps include:

• Medical treatment completion: Settling too early risks undervaluing your claim if injuries worsen
• Evidence gathering: Collecting police reports, witness interviews and expert analysis takes time
• Negotiations: Insurers often delay or lowball claims initially – persistent legal pressure can expedite resolutions

While most cases settle out of court, being prepared to litigate often motivates insurers to offer fair terms sooner.