Car Accident Lawyer in San Jose

A car accident can lead to extensive property damage and severe injuries. Even a minor crash can cause a major disruption in your life. In the aftermath of a car accident, you can easily become overwhelmed by medical expenses and repair bills.

You could claim compensation for your losses. A San Jose car accident lawyer can help you build an evidence-based claim documenting your damages. 

Our team at Omega Law Group Accident & Injury Lawyers represents the interests of car accident victims and their families. Our San Jose personal injury lawyers believe in putting our clients first, always. Call today to schedule a free initial consultation.

Why Hire a Car Accident Lawyer in San Jose, CA?

Hiring a personal injury attorney after an auto accident means you’ll have someone there to fight for you, working tirelessly to secure the funds you need to cover all of your losses. Our team knows what it takes to handle car accident claims, and we’re ready to step in to:

• Answer your questions
• Explain your next steps
• Investigate and collect evidence

We’re also ready to handle the challenges of dealing with insurance companies. These companies often try to blame injury victims for accidents, and they could deny your claim. Fortunately, we can take over all communication and handle insurance representatives on your behalf.

We also know how to prove liability in motor vehicle accident claims, which involves showing that someone else owed you a duty of care, violated that duty, and directly caused your accident, injuries, and financial losses.

Types of Motor Vehicle Accident Claims We Handle

Our personal injury team can handle many types of car crashes. You can reach out to us when you need help from a:

• San Jose Drunk Driving Accident Lawyer: The influence of alcohol or drugs can negatively influence reaction times, motor skills, and judgment. We can build your claim after a drunk driving collision.
• San Jose Head-On Collision Lawyer: You can turn to us for help getting compensation for your medical bills and other losses if another driver hits you head-on.
• San Jose Hit-and-Run Accident Lawyer: Our law firm can help you understand your options for securing compensation if another driver hits you and flees the scene. Your uninsured/underinsured motorist coverage could apply in this situation.
• San Jose Rear-End Collision Lawyer: We know what it takes to successfully resolve rear-end auto accident claims. We’ll take charge immediately and explain the steps you need to take.
• San Jose Rideshare Accident Lawyer: Our skilled legal team can assist you after a crash involving an Uber or Lyft driver. We’re ready to stand up to big rideshare companies on your behalf.

Your case could change depending on the type of accident you faced. We can provide the personalized legal support you deserve, so reach out now and allow us to assess your situation.

Should You Take a Settlement After a Car Accident?

After your accident, the insurance company for the at-fault party may contact you with a settlement offer. It may seem like a lot of money, but it usually isn’t a good idea to accept it without first speaking with a San Jose car accident attorney.

While insurance companies are obligated to assess claims impartially, their primary objective is to protect their profit margins. They know you are in a vulnerable position after a car crash and will use this to their advantage.

Our car accident attorneys can easily recognize the strategies used by adjusters to devalue or deny your claim, and we know how to combat these. We will ensure the settlement offer is fair and meets your needs.

Necessary Steps After a Car Accident

The days and weeks after a car accident can seem like a blur. You’re injured, concerned about your future, and unsure what to do next. Focusing on a few critical steps will help you preserve your case.

Get Medical Attention

Medical care is the most important thing after an accident. If you didn’t go to the emergency room after the crash, it is essential to see a doctor as soon as possible, even if you feel okay. Some injuries can have delayed symptoms.

Getting the care you need to heal and improve your health after an accident is vital. Additionally, seeking care proves you are serious about your condition and helps bolster your case.

Follow up with medical care and see any specialists your doctors suggest.

Contact an Attorney

Reach out to a San Jose car accident lawyer for a free consultation and tell us what happened. When you hire an attorney, you have an advocate who will stand up for your rights and fight for the compensation you deserve.

We can investigate your case to identify liable parties, calculate your potential compensation, and handle insurance companies on your behalf.

With a skilled attorney in your corner, you have the peace of mind of knowing you have a partner who is looking out for your best interests.

Maintain Detailed Records

Keep track of the expenses related to your accident and injury. Hang on to copies of medical bills, car repair invoices, and paperwork for any other costs you have incurred due to the crash.

Your lawyer will use these economic damages to calculate a fair settlement that will cover your expenses. You can help by maintaining a detailed account of your financial hardships.

Keep a Journal

If you can, it’s wise to keep a journal documenting how the accident and your injuries have impacted your life and your family. You or your family may experience psychological, emotional, or social issues after the crash.

While non-economic damages aren’t always recoverable, your lawyer can use this information to claim things like pain and suffering and mental anguish. Your San Jose car accident attorney can advise you if these apply to your case.

Calculating Your Damages After a Car Accident

How much your car accident claim is worth will depend on the specifics of your accident and injury. A San Jose car accident attorney can help calculate the compensation you deserve. To arrive at a fair number, they will consider two different types of compensatory damages.

Economic Damages

Your attorney will have an accurate idea of your economic damages because they are usually associated with a dollar figure. For example, when you go to the doctor, they give you a bill. Some of the economic damages your lawyer may consider are:

• Medical expenses: Doctors’ visits, emergency room care, specialists, physical therapy, medications, and any other medical care costs associated with treating the physical injuries caused by your accident
• Property damage: Damage to your vehicle and any other significant possessions
• Lost earnings: Compensation for your lost wages if you can’t work because of your injury
• Diminished earning potential: Costs that consider your future inability to work or your need for job retraining.

We can track all of these losses after an auto collision.

Non-Economic Damages

Non-economic damages, which focus on intangible losses, are more difficult to calculate but essential to healing after an accident. A traumatic event’s psychological impact can diminish your quality of life, impact your career, and prevent you from enjoying your hobbies.

Non-economic damages your car accident attorney in San Jose may include in your claim include:

• Pain and suffering
• Emotional distress
• Mental anguish
• Loss of enjoyment of life

We know how pain and suffering are determined in a car accident and can share our knowledge with you.

Punitive Damages

Punitive damages are a special class of damages awarded by a court. Punitive damages can punish the defendant and deter them from acting similarly in the future. While punitive damages are rare, they can substantially increase the size of your award.

Common Car Accident Injuries

Car accident victims can endure serious injuries, even in minor accidents. Some of the most common car accident injuries we see are:

• Whiplash: This neck injury occurs due to a sudden movement of the head and typically takes weeks or months to heal.
• Traumatic brain injuries: Blows to the head can cause injuries that range from minor concussions to serious traumatic brain injuries that require lifelong care.
• Spinal cord injuries: Spinal cord injuries can require long-term healing, and some can cause paralysis.
• Broken bones: Crashes with severe impacts can cause fractures of the arms, legs, ribs, or collarbones.
• Soft tissue injuries: Car crashes can cause sprains, strains, muscle tears, and torn ligaments and tendons.
• Lacerations: Metal, broken glass, and other objects can cause cuts that could result in permanent scarring or disfigurement.
• Knee injuries: Car accidents can cause serious knee and leg injuries that can take months to recover.
• Psychological injuries: Issues like post-traumatic stress disorder, depression, and anxiety may require long-term therapy after an accident.

Common Causes of Car Accidents

Car accidents can occur in an almost limitless variety of ways. Here are some of the most common reasons for car accidents:

• Distracted Driving: Distracted driving occurs when a driver focuses on their phone, eating, adjusting the radio, or any other activity other than the road.
• Speeding: When drivers operate their vehicles at excessive speeds, they may experience delayed reaction times, which can lead to accidents.
• Reckless driving: Drivers who engage in reckless or aggressive behavior, such as tailgating, cutting off other vehicles, or making abrupt lane changes, can be held liable for accidents.
• Weather conditions: Drivers can cause accidents when they drive too fast in dangerous weather conditions, such as heavy rain and fog.
• Running lights and stop signs: Motorists who disobey traffic signals, whether through negligence or recklessness, can cause horrific accidents.
• Fatigue: When drivers are tired, they may experience impaired concentration, slower reaction times, or even fall asleep at the wheel.
• Inexperienced drivers: Young and inexperienced drivers may lack the skills to make the correct choices and drive safely in stressful or perilous situations.
• Tailgating: Drivers who follow too closely can cause accidents when they fail to react in time to sudden stops.
• Vehicle defects: Blown tires, brake malfunctions, and other mechanical failures can cause motorists to lose control and crash.

Car Accident Statute of Limitations in California

In California, injured victims have a limited time to file a claim. Under California law, the statute of limitations for personal injury cases is generally two years from the date of the accident. Failing to initiate legal action within this prescribed period may result in the forfeiture of your right to seek damages.

However, certain factors could impact this time frame. For example:

• When the victim is a minor, the statute of limitations starts when they turn 18.
• In cases of mental incapacity, the time limit begins when the victim regains competency.
• If the suspect or liable party’s whereabouts are unknown, the court may pause the statute of limitations until they are found or apprehended.
• If an injury is not immediately evident, the statute of limitations begins upon discovery.

Your car accident attorney can help you adhere to important deadlines to protect your right to fair compensation.

California’s Pure Comparative Negligence System

The state operates under a pure comparative negligence system in personal injury cases. This system is a legal framework that assesses liability and awards compensation based on the proportionate fault assigned to each party.

Under this system, even if you are found partially at fault for an accident, you can still pursue compensation. However, the awarded damages are reduced proportionally to the degree of your assigned fault.

For example, if you were 20% at fault for the crash, you could still receive 80% of the initial compensation amount. An experienced car accident attorney can advocate on your behalf to fight for fair compensation in proportion to your level of fault.

California Is an At-Fault Auto Insurance State

California operates as an at-fault state, a legal framework that determines financial responsibility for car accidents. In this system, the party found to be at fault in an accident is held accountable for the resulting damages.

The at-fault driver’s insurance generally covers the costs incurred by the other parties involved.

We Can Take Your Case to Trial

We prefer to settle your claim through negotiations. However, if the insurance company refuses to be reasonable, we are not afraid to take your case to court. Litigation begins when the injured party files a formal complaint.

Subsequent stages of the legal process include service of process, discovery, and pre-trial motions. Settlement negotiations may occur at any point, providing opportunities for resolution without proceeding to trial. If the involved parties cannot reach a settlement, the case advances to trial preparation.

The trial involves presenting the case before a judge and jury. Each party presents opening statements, introduces evidence, and concludes with closing arguments. The court then determines liability and assesses damages. We can give you more information about how the car accident lawsuit process works when you contact us for help.

Call Us After an Accident in San Jose, CA

You may be feeling vulnerable after a traffic accident and not be sure where to turn for help. At Omega Law Group, we know that no two cases are alike. At our personal injury law firm, you can find a safe environment to share your experience and address your concerns.

Your lawyer will create a personalized strategy tailored to your situation and needs. Our attorneys will work closely with you to assess how the crash changed your life and quantify your losses. We will use all available evidence to strengthen your claim and present your experience.

Our San Jose car accident attorneys will be by your side at every stage of the legal process. You can schedule a free consultation with us, during which we can address your immediate concerns. Contact us today to get started on your case.