Car Accident


San Jose Car Accident Attorneys

San Jose California Car Accidents: How to Proceed

If you have been in a San Jose, California car accident that was not your fault, you should hire an experienced San Jose car accident attorney to assist you in your case. Your own insurance company will be able to direct you to emergency medical care and help you somewhat with getting your car estimated and repaired.

Aside from those things, though, every other aspect of your medical care and reimbursement for time lost from work, rental car reimbursement and all other aspects of your car accident are more difficult and should be handled by a an experienced San Jose car accident attorney. Use the form above to request a FREE consultation from one of our experienced car accident attorneys, it only takes a few moments.

Determining Fault:

Fault in San Jose, California car accidents is generally assigned by the police officer who reports to the scene of the accident and interviews all the parties and witnesses. Once the opposing party decides to retain a San Jose auto accident attorney, the case can become a great deal more complicated.

Shifting Blame:

The attorney for the person (actually) at fault may allege that you are partially responsible for the car accident. This is called “comparative negligence” and is a tactic often employed by defense attorneys to shift some of the fault off of their clients. This, alone, is an excellent reason to hire a San Jose car accident attorney to represent you. Your attorney may bring in an accident reconstructionist to re-create the accident scene and scientifically determine who is the responsible party.

Medical Treatment:

Your San Jose car accident attorney may refer you to a physician who will provide all of your medical treatment. This doctor will have the prerogative to refer you to a specialist, such as an orthopedic surgeon or a chiropractor or physical therapist. You pay nothing out of pocket for these medical services. At the end of your case, the medical providers are paid.

The Lawsuit:

After filing the lawsuit and investigating the case, your car accident attorney waits until you are nearing the conclusion of your medical treatment. Then your attorney begins approaching the defense lawyers and the defendant’s insurance company. Settlement offers go back and forth between both sides. You are not required to settle your case.

Trial:

If your case goes to trial, your attorney works to convince a judge and/or jury that you should be compensated for your medical care, loss of income, permanent physical damage, loss of life enjoyment and for your pain and suffering.

Winning Verdict:

Once a verdict is rendered by the judge or jury, your attorney fees are paid along with your medical expenses. After that, the rest of the amount of the trial verdict goes to you to spend as you wish. If you do not win at trial, you pay nothing to your attorney or medical providers.

San Jose, California car accidents lead to complicated, drawn out legal actions. The court system in California is backlogged with cases because of the economy and resulting cutbacks in California’s legal system. Sometimes a San Jose car accident attorney will recommend that a client take a settlement in lieu of waiting years for a case to be tried. The decision, though, to settle or take the case to trial is in the hands of the client.