Being injured in an accident is overwhelming. When an accident is caused by the negligent, reckless, or intentional conduct of another party, injury victims can recover damages with the help of an experienced personal injury attorney.
At BoyesLegal, APC, we represent injury victims in San Jose and all throughout California. If you or a loved one have been seriously injured in an accident, you may be dealing with lost wages, mounting medical expenses, and pain and suffering. Our attorneys can help right this wrong by fighting for your right to meaningful compensation.
We are highly experienced in handling all types of personal injury claims, including:
- Car accidents
- Bicycle accidents
- Construction accidents
- Motorcycle accidents
- Slip, trip, and fall accidents
- Dog bites
- Pedestrian accidents
- Product liability
- Truck accidents
- Wrongful death
When you become our client, we will handle all the details of your claim so you can focus on healing. We offer free consultations and will not charge any attorneys’ fees until we recover damages for you. Contact our office today so we can start working on your claim.
How is a personal injury claim resolved in San Jose?
Many personal injury claims in San Jose and throughout California don’t go to trial and are settled through negotiations with an insurance company. However, insurers have an unfair advantage over injury victims and try to pay as little as possible.
By working with a capable personal injury lawyer, you can obtain compensation that covers all your medical and financial needs, now and in the future. We know how to negotiate with insurance companies and will get you the maximum compensation you deserve. If the insurer refuses to make a fair and reasonable settlement offer, we will take them to court.
How do I know if I have a personal injury claim?
Determining if you have a personal injury case in California involves several key factors:
- Negligence: There must be evidence that another party was negligent or intentionally caused harm. Negligence means failing to act with reasonable care, resulting in injury to someone else.
- Injury: You must have suffered an injury, either physical or psychological. Documentation from healthcare providers is crucial to substantiate this.
- Causation: The injury must be directly caused by the other party’s negligence or intentional act. A clear link between their actions and your injury is essential.
- Damages: There must be measurable damages resulting from the injury. This includes medical expenses, lost wages, pain and suffering, and possibly punitive damages.
- Time Limit: California has a statute of limitations for personal injury claims, generally two years from the date of the injury. If your claim is against a government entity, the time limit can be as short as six months.
If these elements are present, you likely have a viable personal injury case in California. However, it’s advisable to consult with a personal injury attorney to evaluate the specifics of your situation and guide you through the legal process.
How much is my personal injury claim worth?
While no two injury claims are the same, you may be entitled to economic and non-economic damages:
- Economic damages cover financial losses, such as medical bills and lost wages (present and future)
- Noneconomic damages are intended to compensate you for losses that are difficult to calculate, such as pain and suffering, emotional distress, permanent disability, and loss of enjoyment of life
If the responsible party acted in an unlawful or egregious manner (e.g. DUI), you may also be awarded punitive damages, which are designed to punish that party’s misconduct and deter others from engaging in similar behavior.
What if I am partially at-fault for my injury? What is comparative negligence?
Under the comparative negligence laws of California, you can still recover damages if you share any responsibility for the accident that resulted in your injuries. The way it works is that each party in a personal injury claim is assigned a percentage of fault based on the degree to which their actions contributed to the accident.
For example, if you were injured in a car accident after you made an improper left but were struck by a driver that ran a red light, 20 percent of the fault may be assigned to you. If your damages are assessed at $100,000, the damages will be reduced by $20,000 and the final value of your award will be $80,000.
You can trust our experienced San Jose personal injury lawyer to minimize your liability and fight to protect your rights.
How long do I have to file a claim in San Jose or elsewhere?
If you have been injured in an accident in California, you must act quickly because the statute of limitations in both states requires you to file a personal injury claim within two years of the date of your injury. But you should contact our San Jose office as soon as possible so we can collect and preserve any evidence and interview witnesses while their memories are still fresh. In any case, the sooner you contact our office, the sooner we can recover for you.
Why Choose Us?
If you or a loved one has been injured in an accident, you may be frightened and not know where to turn. This is the time to call the team at BoyesLegal. Once you become our client, we will handle all the details of your claim, including:
- Conducting a thorough investigation
- Identifying and interviewing witnesses, including the responsible party
- Collecting medical records supporting your claim
- Negotiating a favorable settlement with the insurance company
- Filing a personal injury lawsuit if necessary
Our attorneys are skilled negotiators and adept trial lawyers with a track record of achieving positive outcomes. Above all, we will help you obtain the medical care you need and the maximum compensation you deserve.
Contact Our Experienced California Personal Injury Lawyers
At Boyes Legal, our practice is dedicated to fighting for the rights of injury victims and their families, in and out of the courtroom. When you consult with us, we will offer you knowledge, compassion, and caring, efficient service. Contact our experienced attorneys today so we can start working on your San Jose personal injury claim.
BoyesLegal assists personal injury victims with their legal needs in San Jose and throughout the state of California.