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San Jose Personal Injury Lawyer

San Jose personal injury lawyer

Personal injury law focuses on legal issues when one person suffers harm from an accident or injury caused by another person's negligence or intentional act. A San Jose personal injury lawyer can help you navigate the complex legal landscape and fight for your rights to compensation.

At Halavanau Injury and Accident Law, we can help you with your personal injury claims. Our personal injury attorneys have significant experience dealing with various injuries, including traumatic brain injury, and we can also help you. Learn more about our personal injury law firm in San Jose, CA, and reach out to us after you have sought medical care for your personal injuries.

Why You Need a Skilled San Jose Personal Injury Lawyer for Your Case

Why you need a skilled San Jose personal injury lawyer for your case

In the aftermath of an accident, you may be dealing with physical injuries, emotional distress, and financial strain. The complex nature of personal injury law can further add to your stress. Having a skilled San Jose personal injury lawyer by your side is crucial for several reasons when it comes to personal injury lawsuits, such as:

  1. Understanding of the law: Personal injury law is intricate and varies by state. A skilled lawyer deeply understands the statutes, previous case law, and the specific requirements needed to build a successful personal injury case in San Jose.
  2. Negotiating with insurance companies: Insurance companies often aim to settle for the least amount possible. An experienced lawyer knows how to negotiate with these companies effectively, ensuring you receive the maximum compensation you deserve.
  3. Determining the full extent of your damages: Many people need to pay more attention to the full scope of their damages. A skilled lawyer will consider all your losses, including current medical expenses, future treatment costs, lost wages, and pain and suffering.
  4. Representation in court: If negotiations fail and your case goes to trial, a personal injury lawyer will provide aggressive representation in court. Count on us to help you.

In the end, these are just a few of the many reasons you need to reach out to a qualified lawyer who can represent you following a serious accident. There are many reasons someone may suffer a serious injury, so after you seek appropriate medical care, be sure to reach out to us for help handling your case. We can file a lawsuit on your behalf, negotiate with an insurance company, and ensure that we put you in the best position possible to maximize the compensation you recover.

Most Common Types of Personal Injury Cases in San Jose

In San Jose, like in many cities, certain personal injury cases are more prevalent than others. A few examples to keep in mind include:

Car Accidents

Car accidents

San Jose sees a significant volume of vehicular traffic every day. Unfortunately, with high traffic comes a high incidence of car accidents. These can be caused by various factors, including distracted driving—often due to mobile phone use, speeding, impaired driving from alcohol or drugs, and reckless driving behaviors like tailgating or changing lanes without signaling.

Victims of car accidents can suffer from different injuries, from minor bruises and whiplash to more severe conditions like traumatic brain injuries, spinal cord injuries, and broken bones. The severity of the injuries often depends on factors such as the speed at which the accident occurred and whether the victims were wearing seatbelts.

In the aftermath of a car accident, victims can face a long road to recovery, including surgery, physical therapy, and long-term medical treatment. The financial impact can also be devastating, with victims often facing costly medical bills and lost wages due to time off work. An experienced San Jose personal injury lawyer can help car accident victims seek compensation for these losses.

Slip-and-Fall Incidents

In California, property owners have a legal obligation to maintain safe premises and take reasonable steps to prevent slip-and-fall accidents. When they fail to do so, innocent individuals can suffer severe injuries, such as broken bones, sprains, head trauma, and spinal cord injuries. Slip-and-fall accidents can happen anywhere, from grocery stores and shopping malls to restaurants, office buildings, and sidewalks.

In California, slip-and-fall accidents are a common cause of personal injuries, leading individuals to seek legal recourse. At our personal injury law office, we understand the devastating impact slip-and-fall accidents can have on individuals' lives. That's why we are dedicated to helping victims in California pursue justice and obtain the compensation they deserve.

Wrongful Death Claims

Wrongful death claims

A wrongful death claim arises when the negligence or wrongful act of another causes a person's death. These can occur in various contexts, including car accidents, workplace accidents, medical malpractice, or even intentional acts like assault.

In San Jose, as per California law, certain surviving family members have the legal standing to bring a wrongful death lawsuit. This includes the individual's children, husband, wife, spouse, and other eligible individuals.

A wrongful death claim can help a family seek compensation for medical and funeral expenses, loss of income, companionship, and emotional suffering. Although no amount of money can ever truly compensate for losing a loved one, a wrongful death lawsuit can provide financial stability and a sense of justice for grieving families.

Workplace Accidents

Workplace accidents

These accidents are another common cause of personal injury in San Jose. These incidents are especially prevalent in high-risk industries like construction, manufacturing, transportation, and warehousing. However, workplace accidents can occur in any setting, including office buildings and retail establishments.

These accidents can take many forms. A construction worker could fall from a height, a falling object could injure a warehouse worker, or a chef could suffer burns in a restaurant kitchen. Common workplace accidents include machinery, vehicle-related incidents, slips, trips, and falls. Workers may also suffer health problems due to exposure to hazardous substances or poor ergonomics.

While typically, these claims are handled by worker compensation attorneys. There are some exceptions where a person sustaining injury at work may also have a basis for the negligence claim against their employer or a third party.

The Steps You Should Take After a Personal Injury Accident

After a personal injury accident, taking certain steps to protect your rights and potential compensation is critical.

Seek Medical Attention First

The first step after any personal injury accident should be to seek medical attention immediately. This is crucial for several reasons. First, your health and safety should always be your top priority. Even if you believe your injuries are minor, it's essential to get checked by a medical professional to rule out any severe or underlying injuries. Some injuries, such as traumatic brain injuries or internal bleeding, may not present immediate symptoms but can quickly become life-threatening if left untreated.

Seeking immediate medical attention establishes a record of your injuries, which is essential for any subsequent personal injury claim. This record can help demonstrate the severity of your injuries and establish a direct link between the accident and your injuries. Without immediate medical treatment, the other party might argue that your injuries weren't caused by the accident or are not as severe as you claim.

Document and Gather Evidence

Documenting the accident scene and gathering as much evidence as possible is another crucial step following a personal injury accident. This includes taking photographs of your injuries, the accident scene, any property damage, and any factors that contributed to the accident. If there are signs, skid marks, or debris from the accident, make sure to capture these in your photographs. These pieces of evidence can be invaluable in illustrating how the accident happened and who is at fault.

If a police report was filed, be sure to obtain a copy as it can provide an official account of the accident, including details about the parties involved, witnesses, and, in some cases, the officer's assessment of fault. In addition, keep a record of all medical treatments, expenses, and any other costs related to your accident.

Talk to Eyewitnesses and First Responders

Eyewitness accounts can often provide an invaluable perspective on how the accident occurred, especially in cases where the events leading to the accident are disputed. If there were any witnesses to your accident, try to collect their contact information at the scene. Their testimony could be instrumental in establishing fault and the circumstances surrounding your accident.

Avoid Speaking About Your Case

After an accident, it's important to be mindful of what you say and who you speak with about it. Avoid discussing the specifics of your accident or injuries with anyone other than your attorney, particularly insurance adjusters.

Insurance companies often seek ways to minimize their liability and reduce the amount they must pay. Even innocent or off-hand comments can be misconstrued or taken out of context to undermine your claim.

Obtain Legal Representation

Finally, hiring a personal injury attorney as soon as possible can be pivotal to your case. The legal process can be complex and overwhelming, especially when you're trying to recover from your injuries.

An experienced personal injury lawyer can guide you through the process, negotiate with insurance companies on your behalf, gather and present evidence, represent you in court if necessary, and work tirelessly to make sure your rights are protected and you receive the compensation you deserve.

People Who Can File a Claim for a Wrongful Death in San Jose

People who can file a claim for a wrongful death in San Jose

In San Jose, as per the California Code of Civil Procedure Section 377.60, the following individuals can file a wrongful death claim:

  1. The person's surviving spouse or domestic partner;
  2. The person's surviving children;
  3. Without a surviving husband, wife, or spouse, anyone who might receive the property in the line of succession can bring a lawsuit. This could include parents or siblings, depending on who is living at the time of the decedent's death; and
  4. Additionally, others dependent on the deceased person, such as a putative spouse and children of the putative spouse, stepchildren, or parents, can file a wrongful death claim.

Determining Fault in a Car Accident in California

California follows a "pure comparative negligence" rule. This means that the compensation a person can receive will be reduced by an amount equal to their percentage of fault. For example, if you're found to be 20% at fault for a car accident, you can only collect up to 80% of the damages awarded.

Determining fault requires thorough investigation, including reviewing police reports, witness testimonies, accident scene photos, and other available evidence. A skilled San Jose personal injury attorney can help determine and prove fault in your case.

Statute of Limitations for San Jose Personal Injury Case

In California, the statute of limitations for personal injury against a private party is typically two years from the day that the accident took place. In some cases, the statute of limitations occurs when the injury is discovered.

There are situations where other limits may apply. For example, if the claim is against a government entity, you have only six months to file a claim. Medical malpractice claims may also have a shorter statute of limitations. Because of the complexities associated with the statute of limitations, it's crucial to consult with a personal injury attorney as soon as possible after an accident to determine the specific statute of limitations applied to your case.

Types of Damages You Can Claim in a Personal Injury Lawsuit

In a personal injury lawsuit, "damages" is the legal term for the monetary compensation awarded to an injured person harmed due to someone else's negligence. There are typically three types of damages:

Economic Damages

Economic damages, also known as special damages, compensate for monetary losses associated with an accident. They include medical expenses, future medical costs, lost wages, loss of earning capacity, and property damage.

Non-economic Damages

Non-economic damages, also known as general damages, compensate for non-monetary losses, such as pain and suffering, emotional distress, mental health issues, and a loss of pleasure or enjoyment from life.

Punitive Damages

These damages are awarded in cases where the defendant's conduct was harsh, severe, or intentional. The goal here is to punish the person responsible to prevent a similar issue from happening in the future.

Our Experienced Lawyers at Halavanau Injury and Accident Law Can Help You With Your San Jose Personal Injury Case

our experienced lawyers at Halavanau Injury and Accident Law can help you

If you or a loved one has been injured due to someone else's negligence in San Jose, our experienced personal injury lawyers at Halavanau Injury and Accident Law are here to help. We are dedicated to helping our clients obtain the compensation they deserve.

Our team will guide you through every step of the legal process, providing compassionate support and aggressive representation. Contact us today for a free consultation. We will review your case, answer any questions, and discuss the best way to proceed.

Remember, we only get paid if we win your case.

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