A San Jose, California Personal Injury Attorney Answers the Most Frequently Asked Questions

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Sometimes the unexpected happens. Personal injuries can occur anytime, and you never know when you will need to file a claim. We understand that navigating the legal system after an injury or accident can feel overwhelming, and we want to help.

At Seabrook Law Offices in San Jose, California, our compassionate personal injury lawyers have extensive experience assisting clients in pursuing their rightful compensation after a personal injury accident.

To assist our readers in better preparing themselves for the unexpected, we’ve asked our personal injury attorney to answer the most frequently asked questions we get about personal injuries.

What Is a Personal Injury?

A personal injury is the term used for any physical injury that another person’s negligence, reckless behavior, or intentional misconduct caused. Personal injury claims can take many different forms. If you are unsure whether you have a case, contact us to discuss the specifics of your situation.

What Are the Most Common Types of Personal Injury Claims?

Some of the most common types of personal injury claims include:

  • Car accidents
  • Motorcycle accidents
  • Bicycle accidents
  • Pedestrian accidents
  • Slips and falls
  • Dog bites

What Should I Do If I’ve Been In a Car Accident?

The priority following a car accident is to ensure the safety of all parties involved. Before you do anything else, confirm that you and everyone else involved are safe, conscious, and receiving emergency medical care, if necessary.

After you’ve confirmed your safety and assessed the physical condition of those around you, you should start gathering information and documentation for your personal injury claim:

  • Call 911 and file a police report.
  • Take photos of the accident with your phone’s camera.
  • Keep a record of the accident’s location and information about the other vehicles and people involved.
  • Obtain the contact information of any witnesses to the accident, as their accounts may be helpful in your claim.
  • Refuse any settlement offers made by another party.
  • Contact our personal injury lawyer at Seabrook Law Offices before accepting any blame or discussing the circumstances of the accident.

Do I Need a Personal Injury Attorney to File a Personal Injury Claim?

A personal injury victim does not need legal representation to file a claim. However, choosing to work with a reputable attorney is a wise move given the difficulties of the legal process, the intricate legal concepts involved, and the reality that insurance companies frequently go to great lengths to pay victims as little as possible.

Working with our San Jose personal injury attorney will give you the step-by-step direction, unwavering support, and powerful advocacy you require to obtain your just compensation.

How Much Does a Personal Injury Lawyer Cost?

In most cases, personal injury attorneys are paid a percentage of the settlement amount. If you do not receive anything from the case, neither does the attorney.

What Kinds of Monetary Damages Can I Recover?

Under California law, recovery for monetary damages for a personal injury include:

  • Physical pain and suffering, mental anguish, and physical impairment
  • Medical, incidental, and hospital expenses
  • Lost wages and earning capacity
  • Punitive damages in cases of egregious wrongdoing

Can I Get Money Even If I’m Partially to Blame?

In general, yes. In California, injury victims can seek compensation from other at-fault parties, even if they are partially to blame. Damages are allocated based on fault under this “comparative negligence” standard. Even if you were 25% at fault, you could still seek compensation for the 75% that the other party was at fault

This law aims to resolve issues that arise when multiple parties are at fault, such as in car accidents involving multiple vehicles. While this law is frequently applied in car accidents, it does not apply to every personal injury case. Contact our San Jose personal injury lawyers to discuss your specific situation.

Should I Accept the Insurance Company’s Initial Settlement Offer?

Insurance companies frequently make settlement offers soon after an accident. They often advise you to accept a meager payment to wrap up loose ends as soon as possible. Although the offer might initially seem tempting, insurance companies rarely consider their customers’ best interests.

Accidents are traumatic events. It’s challenging to assess the severity of your losses and injuries during and after your injury and to consider your legal options. It’s best to reject initial settlement offers to guarantee that you get just compensation. Allow for a thorough evaluation of your physical condition before speaking with a personal injury lawyer who can assist you in making crucial legal decisions.

How Long Will My Personal Injury Case Take?

There’s no easy way to predict how long a personal injury case will take. Much depends on the specifics of your case and medical treatment obtained.

Once you have completed all medical treatment, then we will request all medical records and bills from all providers in order to prepare a settlement demand. Once a settlement has been reached, we will deduct all incurred expenses,attorney fees & costs, and issue you the balance.

What is the Statute of Limitations in California for Filing a Claim?

In California, the statute of limitations for filing a claim is two years from the date the injury happened.

Seabrook Law Offices: Your “Personal Injury Attorney Near Me” in San Jose, California

The experienced and compassionate personal injury lawyers at Seabrook Law Offices in San Jose, California, are ready to fight for your rights. We will do our best to get you what you are rightfully owed.

Our team will thoroughly review the specifics of your case during your free consultation and develop a plan tailored to your needs. Trust us with your story. We can help.

What’s the best part? For personal injury cases, our firm operates on a contingency fee basis, meaning that clients pay nothing unless we win their case. Call us at 408-560-4487 today to schedule your free consultation with one of our personal injury attorneys. You can also contact us by completing our contact form here.

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Copyright © 2022. Seabrook Law Offices. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Seabrook Law Offices
6840 Via Del Oro, Ste. 265
San Jose CA 95119

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