The Best Car Accident Attorneys in San Jose
Compare Top San Jose Car Accident Attorneys
| Lawyer Name | CA Bar Association Status | Year Admitted to CA Bar | Law School Attended | Learn More |
|---|---|---|---|---|
| Richard Alexander | Active | 1971 | University of Chicago Law School | |
| Robert H. Bohn Jr. | Active | 1995 | University of California College of the Law, San Francisco | |
| Bruce C. Funk | Active | 1985 | Santa Clara University School of Law | |
| Albie B. Jachimowicz | Active | 1982 | Santa Clara University School of Law | |
| Jeffrey D. Janoff | Active | 1982 | Santa Clara University School of Law | |
| Timothy D. McMahon | Active | 1984 | Santa Clara University School of Law | |
| Jeffrey W. Rickard | Active | 1986 | Santa Clara University School of Law | |
| Michael M. Shea Jr. | Active | 1986 | Santa Clara University School of Law | |
| John C. Stein | Active | 1966 | University of California College of the Law, San Francisco | |
| Philip M. Tobin | Active | 1975 | California Western School of Law |
Other California Car Accident Lawyers
How To File a Claim After a Car Accident in California
If you were injured in a car accident and someone else is responsible, you may be entitled to collect money to compensate you for the cost of your physical damage as well as the value of any psychological damage that may have resulted. But first you have to demonstrate to an insurance company, judge or jury convincing proof that the persons you are accusing should be held legally responsible for causing your injuries and that you are entitled to a certain amount of compensation for your damage.
Trying to get compensation from an insurance company after a car accident is an adversarial process that can turn unpleasant quickly. Good preparation is critical to obtaining a successful result. Anticipating the challenges you may face and providing credible evidence to support your claim increases the chances of receiving maximum compensation in a minimum amount of time.
What You Have to Prove
Most car accident claims are based on driver error that causes unintended injuries to another. Negligence is the term used to describe the behavior of a driver who did not act the way a reasonably prudent person would have under the circumstances. The law imposes duties on drivers to use reasonable care when driving so others will not be harmed.
The driver’s actions must be the legal cause of the injuries. A legal cause is one where the claimed damage was a foreseeable result of the driver’s behavior. If a reasonable person could have foreseen injury as a possible consequence of the actions taken, then legal cause is proven.
The last hurdle is to show that the claimed injuries resulted from the accident and how much compensation those injuries are worth. Medical records, receipts and other types of documentation are necessary to prove the injuries and resulting damages.
Get Medical Treatment and Follow Treatment Protocols
There must be objective evidence that the claimed injuries were caused by the car accident. A good way to legally establish that connection is by seeking medical treatment as soon after an auto accident as possible.
It can work against a car accident claim if an injured person does not follow the recommended treatment. The damage from an injury that fails to heal or gets worse over time may not be fully compensated if an injured person is not cooperating in their recovery.
Document the Accident and Your Injuries
It’s always a good idea to write down everything that can be remembered about a car accident as soon after it happens as possible. You may be asked about what happened any number of different times, and it is important to provide consistent information. A written record can be referred back to so that credibility is maintained.
A large portion of the damages that can be awarded for injuries from a car accident are not readily determinable. Compensation can be awarded for such hard-to-value factors as pain and suffering, mental suffering and emotional distress. Because these factors are subjective based on a person’s own experience, keeping a record of what occurs and how often adds credibility to a damages claim.
Compile and Organize all Relevant Information
It has been said that the best offense is a good defense. In the case of a car accident injury claim, that means being prepared when the other side starts asking questions. Having all of the information relating to your claim in one place and neatly organized for ease of access helps you accurately recall information about your accident and your injuries. Consistently providing accurate information improves your credibility and strengthens your claim.
How To Deal With an Insurance Company
When you are injured in a car crash you will likely be dealing with the driver’s insurance company while trying to recover your damages. It’s rarely a matter of the insurance company just paying your claim. Insurance companies make money by not paying claims. So the relationship is adversarial right from the start. You need to be aware of this and interact in a business-like manner.
Insurance adjusters want to close claims quickly and with minimal payment. They are always looking for ways to avoid having to pay. However, insurance companies have a legal obligation to deal with claimants fairly and to pay legitimate claims promptly. They cannot legally try to settle claims for less than is equitable under the law.
Not everyone is familiar with insurance contracts and how they are legally interpreted. Insurance companies know this and they may try to use it to their advantage in settlement negotiations.
Why a Car Accident Lawyer Is Beneficial
Consulting a lawyer in matters that involve your legal rights is always going to be a good idea. But what makes it a slam dunk is that many, if not most, car accident lawyers offer free consultations. These consultations are without obligation on your part and at the very least will give you some idea of where you stand and how you should proceed.
Keep in mind that the earlier you get legal advice, the better prepared you will be when dealing with insurance companies. Knowledge is power when it comes to negotiating settlement terms with an insurance company. A legal consultation is well worth your time.
When To Consider Hiring a Car Accident Attorney
There isn’t any particular right time that you need to hire a lawyer to assist with your car accident claim. Some people feel more comfortable getting an attorney involved from the beginning. Others want to try and see if they can work with an insurance company before considering hiring a lawyer.
For claims that are relatively straightforward with minor damages, it may not be necessary to hire an attorney. But when there are a lot of contested issues or multiple parties involved or when injuries are severe, the legal matters can be complex and beyond the competence of most people outside the legal profession.
Yes, lawyers do cost money. But often with car accident cases, attorneys will get paid on a contingency fee basis. There is no money due upfront. The attorney is paid a percentage of the amounts recovered on behalf of a client. A typical percentage is somewhere between 33% and 40%. Some attorneys may be willing to negotiate their fees.
Before deciding to hire a car accident attorney to help with your claim, make sure you are satisfied the lawyer you select has the qualifications, experience and professional recognition to successfully advocate on your behalf. Schedule a consultation to be sure the attorney is someone you are comfortable working with and that the terms of representation are acceptable to you. Remember, your lawyer works for you and you want to work with the best.
Methodology for Finding the Best Car Accident Lawyers in San Jose
To come up with the best car accident lawyers in San Jose, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Forbes Advisor Legal contributors Mari Gaines and Tamara Armstrong contributed to this article.
Frequently Asked Questions (FAQs) About Car Accidents in San Jose
Do you need an attorney to make a car accident claim?
You do not technically need an attorney when making a claim after a car accident. However, proceeding without legal representation can put you at a distinct disadvantage against an insurance company equipped with lawyers looking to minimize or deny your claim. You will be expected to know and understand the law.
Can you still get compensated for injuries if you were at fault for a car accident?
In California, you can still be partially compensated for injuries as long as you are not 100% at fault. The amount of compensation will be reduced in direct proportion to the percentage of fault for causing the accident.
What compensation can be recovered for injuries sustained in a car accident?
Compensation for injuries includes economic damages such as medical expenses, lost wages and other out-of-pocket costs. Compensation also includes amounts for non-economic damages such as pain, suffering and emotional distress.
