Each year in the United States, there are more than 6.7 million car accidents. According to data from the National Highway Safety Transportation Administration (NHTSA), 33,244 people were killed in motor vehicle accidents in 2019 alone – and an additional 1,916,000 people were injured.
Given these statistics, the chances of the average American being in a car accident are pretty high. In San Jose, with its busy streets and highways, you may have already been in a collision. If you get hurt in one of these accidents, you may be able to recover money for your losses through a personal injury lawsuit.
The Kuvara Law Firm represents clients in San Jose and throughout Northern California on all types of personal injury matters, from car crashes to pedestrian accidents to bike accidents. Our team takes an aggressive approach, working to help our clients get maximum compensation for their injuries. We offer free initial consultations, and never charge a fee unless we recover money for you.
San Jose Office Location
95 South Market Street Suite 300
San Jose, CA 95113
Office Hours: Open 24 Hours
Phone: (408) 446-5879
When Do I Need a Lawyer for a Car Accident?
Like other types of personal injury claims, car accident cases are usually based on a theory of negligence, which is the failure to use the level of care that a reasonable person would use in a similar situation. A motorist can be negligent in a number of different ways, such as:
- Careless driving
- Drunk driving
- Running a red light
- Distracted driving/texting while driving
- Following too closely
- Failing to yield
If you were hurt in a car accident with a negligent driver, then you may be able to file a claim with the other driver’s insurance company. This may be possible even if you were partially to blame for the collision.
A San Jose car accident attorney will listen to your story during a free initial consultation. Based on their experience and knowledge of California personal injury law, they will offer you legal advice about your claim and options for filing a lawsuit. If you decide to hire a law firm, then the case will move forward.
For any car accident case, it is usually a good idea to at least talk to a personal injury lawyer about what you should do. These consultations are free of charge and will give you a good idea of your rights. Even if you only suffered minor injuries, you may still have a viable personal injury claim against the at-fault driver.
Remember that insurance companies are in business to make money – not to make sure that you get fair compensation for your losses. Even if an insurance adjuster offers you a settlement or tells you that they accept liability for the accident, you should still consult with a lawyer. In most cases, these settlement offers are far lower than what you could get with legal representation – so it is well worth your time to an attorney before giving a statement or signing any paperwork.
What to Do After a Car Accident in San Jose
After a car accident, your first priority should be to get medical care. Even if you don’t think that you were badly hurt, seeking medical attention right away can help you get a prompt diagnosis and make sure that your injury doesn’t get worse. It also establishes a connection between the crash and your injuries, which can be important in the future if the insurance company tries to claim that your injuries were pre-existing.
If you haven’t already done so, call 911. When law enforcement reports to the accident scene, provide them with your information and give them a statement about what happened. The police report will be useful for your case later.
Talk to the at-fault driver to get their insurance and contact information. Do not admit fault or tell them that you are sorry. Remember that whatever you say to the other driver could be used to undermine your case later, so stick to the basics.
At the same time, see if there are any witnesses to the crash. If so, ask for their contact information. You can also use your phone to take pictures or videos of the accident scene, your injuries, and your vehicle.
If an insurance adjuster calls, shows up at the scene or comes to your house, do not talk to them or sign any documents. Doing so could mean waiving important rights – and may make it harder for you to get maximum compensation. Tell the adjuster that you are going to get a lawyer – and that all communications will go through them.
Finally, schedule a free consultation with a San Jose car accident attorney. Your lawyer will work to get you a fair settlement – and if necessary, they will take your case to trial to ask a jury to return a verdict in your favor.
Why Should You Choose Our San Jose Car Accident Attorneys?
At the Kuvara Law Firm, we take a different approach to car accident claims. We know that our clients face a lot of challenges after a motor vehicle collision. They may be out of work, spending their days seeing doctors and going to physical therapy, and dealing with a lot of trauma. Our clients are often under tremendous financial stress due to lost wages, medical bills, and other expenses.
Our goal for each case is to help our clients get the most possible money as quickly as possible. We use technology to streamline the process, eliminating paper as much as possible so that your case file is always close at hand. Our personal injury attorneys get started on your claim immediately, with the understanding that injury victims need a resolution so they can move forward with their lives.
With decades of combined experience, our personal injury law firm knows how to get results. We will perform a thorough investigation of the facts of your case and research case law to develop the best possible strategy for success. We analyze all of your losses to put together a demand for damages, which may include:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Property damage
- Emotional distress
- Pain and suffering
In some cases, we may even go after the other party for punitive damages, which are designed to punish someone who acted intentionally or recklessly. For example, if you were hit by a drunk driver, our San Jose personal injury attorneys will ask for punitive damages for your injuries.
For each claim, we use a comprehensive, multi-pronged approach to make sure that you get the money that you deserve. Our team has extensive experience with every type of accident, including rollover accidents, head-on collisions, Uber crashes, rear-end accidents, and truck accidents. We know what it takes to get the best possible recovery for accident victims – and have a track record of success to prove it.
We handle all accident claims on a contingency basis. What does this mean? In short, you won’t pay anything up front and only pay us if we get money for you. This allows you to hire a San Jose car accident lawyer even if you don’t have the money to pay for a lawyer out of pocket.
Can I Sue for Emotional Distress After a Car Accident?
In a car accident, many people suffer more than just physical harm, like soft tissue injuries, broken bones, or spinal cord injuries. The trauma of being in a crash and the aftermath of the accident leave many people reeling. For this reason, you may be able to seek compensation for your intangible losses – like pain and suffering and emotional distress.
These are known as non-economic damages. While they can be harder to prove, a seasoned car accident attorney will use their knowledge of personal injury law and experience with similar cases to put together a demand for compensation. If you have been hurt in an auto accident in the Bay Area or beyond, reach out to the Kuvara Law Firm for a free consultation.
What Is the Average Payout for Whiplash?
Whiplash is a common type of injury that many accident victims suffer in a rear-end collision. It happens when your head and neck are jerked back and forth from the sudden impact. Whiplash can be very painful and take months to resolve.
The value of a whiplash claim will depend on the facts of your case, such as whether you suffered any other injuries and how long it takes for you to recover. A minor injury may result in a settlement of $10,000 to $100,000 – but you may recover more if your whiplash leads to permanent disability. Contact the Kuvara Law Firm to learn more about how we can help you.
Can I Sue If I Wasn’t Injured in a Car Accident?
Yes. In California, you may be able to file a lawsuit against the at-fault driver for your losses, such as property damage and emotional distress. This is true even if you did not suffer any physical injuries.
The best way to understand your legal rights after a car crash is to talk to a San Jose car accident lawyer. These consultations are free and will provide you with the information that you need to make a decision about how to proceed. If you have questions about your accident claim, call the Kuvara Law Firm today.
Hurt in an Accident? Give Our Law Firm a Call.
After a car accident, you may be overwhelmed with stress, trauma, and bills. We know how difficult this time can be, and are here to help. We will fight for your right to full compensation for your injuries.
With law offices throughout Northern California, including San Jose, the Kuvara Law Firm is well-equipped to take on the biggest insurance companies on behalf of accident victims. If you have been injured in a car accident, you can trust our law firm to get you the best possible outcome. To learn more or to schedule a free consultation with a San Jose car accident attorney, give us a call at 408-446-5879 or fill out our online contact form.