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. You can get the money you need to pay your bills and care for the people who depend on you.
Omega Law Group Accident & Injury Lawyers is dedicated to representing the interests of car accident victims and their families. Our San Jose personal injury lawyers have recovered millions of dollars for car accident victims like you. Call today to schedule a free initial consultation.
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.
Important Steps After a Car Accident
The days and weeks after a car accident can seem like a blur. You’re injured, you’re concerned about your future, and you aren’t sure what to do next. Focusing on a few important steps will help you preserve your case.
Get Medical Attention
Medical care is the most important thing after your accident. If you didn’t go to the emergency room after the crash, it is important 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 the amount of compensation you deserve, and deal with 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.
Write a Narrative
As soon as possible after the accident, write down all the details you can remember about how the accident unfolded. Include the time of day, weather conditions, the actions of the at-fault driver, and other specifics.
Do this while events are still fresh in your mind. This will help your lawyer understand what happened from your perspective and give them information to begin their investigation.
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 expenses 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 that documents how the accident and your injuries have impacted your life and family. You or your family may experience psychological, emotional, or social issues after the crash.
While non-economic damages aren’t always recoverable, if possible, 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.
Have you been involved
in an auto accident?
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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 calculate maximum compensation. 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 your accident
- Future medical treatments: The cost of ongoing care such as rehabilitation, surgeries, and medications
- Property damage: Damage to your vehicle and any other significant possessions
- Lost earnings: Compensation for your lost earnings 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.
Non-Economic Damages
Damages focusing on intangible losses are more difficult to calculate, but they are 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
Punitive Damages
Punitive damages are a special class of damages awarded by a court. Punitive damages are intended to 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.
Injured in a car crash?
Our car accident lawyers in Los Angeles and
Beverly Hills are here to help.
(310) 526-8383
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 statute of limitations is tolled 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.
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Common Causes of San Jose Car Accidents
Car accidents can occur in an almost limitless variety of ways. Here are some of the most common reasons for car accidents in San Jose.
- Distracted Driving: Distracted driving occurs when a driver focuses their attention on their phone, eating food, adjusting the radio, or any other activity other than the road.
- Speeding: When drivers operate their vehicles at excessive speeds, they can experience delayed reaction times and may cause accidents.
- Driving under the influence: The influence of alcohol or drugs can negatively influence reaction times, motor skills, and judgment.
- Reckless driving: Drivers who engage in reckless or aggressive behaviors such as tailgating, cutting off other vehicles, and 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, either due to negligence or recklessness, can cause horrible accidents.
- Fatigue: When drivers are tired, they may experience impaired concentration and 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.
California’s Pure Comparative Negligence System
The state operates under a pure comparative negligence system in personal injury cases. This is a legal framework that assesses liability and compensatory awards based on the proportionate fault assigned to each party involved.
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 ensure you receive 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 is generally responsible for covering the costs incurred by the other parties involved.
A San Jose Car Accident Lawyer 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 starts with the injured party filing 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 a settlement is not reached, 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. Post-trial motions or appeals may follow, extending the legal process.
Call Our San Jose Car Accident Attorneys Today
You may be feeling vulnerable after a traffic accident and not sure where to turn for help. At Omega Law Group, we know that there are no two cases 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 that best fits your situation and addresses your 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.
