If you or someone you love is injured due to the negligence of another person, you may be entitled to compensation. But it’s important to know that obtaining compensation is not always as simple as it sounds. In fact, many people don’t realize that getting paid for their injuries requires more than just filing a claim. You need to prove that you suffered physical injuries due to the actions of a liable party, your injuries required medical attention, and in some cases you may need to prove that the defendant acted negligently in order to win compensation. But even when you have a strong case, it can still be difficult to receive a large settlement. That’s because insurance companies are usually reluctant to pay out large sums of money. Fortunately, if you work with a top personal injury lawyer, you can take advantage of the expertise and resources that can help you obtain a large settlement.
An injury can cause you to lose income, miss work, and even take a toll on your health. You may not be able to physically work anymore, and you may struggle to regain the ability to earn a living. If you’ve been injured because of someone’s carelessness, you may be eligible to file a personal injury lawsuit. To do so, you’ll need to find a personal injury lawyer in San Jose, CA, who specializes in handling these cases. There are several reasons why you should choose a personal injury lawyer over other types of lawyers. Here are a few of the advantages of hiring a personal injury lawyer:
Benefits of a San Jose personal injury law firm
Hiring an attorney to represent you in a personal injury lawsuit is a common practice in the United States. It can be an expensive and complex process, so it’s important to consider your options before signing up. Here are some of the benefits of using an attorney to represent you in your personal injury case.
- You’ll have more control over the process. Most personal injury cases begin with an insurance company of the responsible party denying coverage or otherwise refusing to pay for your medical treatment, lost wages, and other damages. This can leave you at the mercy of an insurance company that has no obligation to pay you what you’re entitled to.
- Maximum compensation. The lawyers at JD Injury Law, APC will fight aggressively to ensure you receive fair compensation from the at-fault party. This includes repayment of all related medical expenses.
- Your lawyer will be able to negotiate with the insurance company on your behalf, file all necessary paperwork, and make sure your claim is processed in a timely manner.
- wrongful death
- truck accidents
- motor vehicle accidents
- motorcycle accidents
- pedestrian accidents
- spinal cord injuries
- emotional distress
Common Questions in San Jose Personal Injury Cases
What types of compensation can I receive in a personal injury claim?
If you choose to do to pursue a case, you may be able to recover monetary damages. This is also known as financial compensation. You can receive compensation for medical care expenses, lost wages, pain and suffering, and other losses. You can also receive compensation for future bills, loss of earning capacity, future pain and suffering, etc.
As long as you can prove that the accident was caused by someone else’s negligence, you can be awarded financial compensation.
How long do I have to make a personal injury claim in California?
You generally have two years from the date of injury to file a personal injury lawsuit. After that, you generally have no rights in court. This is called a statute of limitations. There are exceptions to this rule for claims against the government, minors, uninsured, and underinsured motorist cases.
These can drastically change the deadline in your case, all the way down to 6 months. 6 months is not a lot of time. Therefore it is imperative you consult with an attorney right away. You don’t need to hire an attorney, but a free consult with a qualified personal injury attorney will provide answers to your questions and spot any impending issues right away.
What is the value of my case?
Unfortunately, there is no easy answer to this, nor a top-secret, highly accurate formula that attorneys possess. There are many factors that affect your case value. A simplified formula is:
Medical Bills + Future Medical Costs + Missed Time at Work + Future Earning Capacity + Pain, Suffering & Inconvenience = Value of Your Case
The hardest part to establish is the “Pain, suffering and inconvenience” part of the formula. Additionally, there are many other factors that could affect the value of your case. These include:
Other Claims – If you have a pending claim for another reason, such as a car accident, the insurance company may try to devalue your case by blaming the other claims for causing your injuries. This goes to causation.
Liability Insurance – If your case is valued at $1,000,000, but the liability insurance policy only covers $500,000, your case could be limited to $500,000.
If you are unsure of how much your case is worth, you can always consult with a personal injury attorney to help you calculate the value of your case. They will be able to look at your case and give you a professional opinion.
Will I have to go to court if I make a personal injury claim?
No, because not all Santa Clara county injury cases go to trial. In fact, most cases settle out of court. When a settlement is reached, it can be done through pre-suit negotiations, mediation, or arbitration. Mediated settlements are more common and much less formal than arbitrations, which are quite rare. There are also judicial settlement conferences that are usually a little more expensive than arbitrations. However, they are much easier to schedule and often lead to quicker settlements.
Do I have to pay anything to hire you?
Most personal injury attorneys do not require any money to hire them upfront. They get paid by contingency fee. This means that you do not pay anything upfront, but if you win, the attorney’s fee comes out of the settlement.
What is a contingency fee?
A contingency fee is when the attorney gets paid only if you win. If you lose, you do not owe him anything. This is the most common type of fee arrangement for personal injury cases. The lawyer will take on your case on a contingency basis. If you lose, you do not owe him anything. If you win, you will owe the attorney a percentage of the settlement. This percentage usually starts around 33 1/3 percent.
Why JD Injury Law?
San Jose is the largest city in Northern California, so there are many attorneys around. JD Injury Law represents injured people throughout California. Our lawyers have decades of experience, and we have recovered millions of dollars in compensation for our clients for their catastrophic injuries.
We are known for our aggressive representation of injured clients, and our success has been due in large part to our rule of preparing every single case for trial. That doesn’t mean every case goes to trial. Just showing the insurance companies that we are preparing for one gives us leverage. Our lawyers will do everything possible to make sure that you receive maximum compensation for your injuries.
If you have been injured in an accident caused by someone else’s negligence, you deserve to be compensated for your injuries. At JD Injury Law, we have the experience and resources to make sure that you receive the compensation you deserve.
Our experienced attorney’s take cases on a contingency fee basis, which means that you pay nothing unless we recover money for you.