Personal Injury Lawyer in San Jose CA
A personal injury occurs when an intentional,reckless, or negligent behavior causes harm to an innocent person. There is a strong likelihood that, in most accidents, injuries, or family member's wrongful death were caused by a company, corporation, or person. Dash Injury Law Firm’s experienced and caring injury attorneys always fight for our clients to help them win the justice and compensation they so rightfully deserve, so they can get their lives back on track. Our legal team is committed to providing professional legal services to our clients every step of the way. We offer clients an honest, entirely-free case evaluation and answer any questions they have regarding the complexities of personal injury law, as well as the frustrating claim process.
Filing a Personal Injury Lawsuit in San Jose CA
Personal injury lawsuits occur when a negligent party is liable for injuries that you or someone you love have endured. Whenever someone acts in a reckless or negligent manner which leads to an accident, its resultant physical and emotional injuries can cause negative, long-term effects on your family, earning potential, and your life.
A personal injury lawyer in San Jose CA can seek a settlement or attempt to take the defendants to court, which can help in the following ways:
- Personal injury victims will receive the unwavering advocacy and support they need to get the compensation they deserve in order to put their lives back together.
- It will discourage similar situations from ever happening again.
Personal Injury Lawsuits: Elements of Negligence
Most personal injury cases stem from negligence, whereas only some cases are intentional. While laws differ in all 50 states, the plaintiff typically has to prove that the defendant acted irresponsibly, which is done through the following four elements:
Responsibility - The plaintiff is required to show that the negligent party had an obligation to keep him safe. For instance, if a grocery store has several wet puddles in a couple of aisles, it is the store manager’s duty to place wet floor signs near them to prevent falls.
Duty Breach - The plaintiff is required to prove that the negligent party did not act reasonably, meaning that they breached (or failed at) their duty.
Causality - The plaintiff is required to prove that their individual injuries were a direct result of the negligent party’s breach of duty.
Monetary Damages - The plaintiff must have suffered monetary damages due to their injury.
How A Personal Injury Lawyer in San Jose CA Can Help
Personal injury attorneys offer many different services including:
Discussing Your Rights
A personal injury attorney will discuss how your rights can be affected due to an accident, and help you understand other legal issues regarding your situation. Because laws differ from state-to-state, what may be considered negligence in one state may not be in another state. The same goes for how long you have to file a complaint after an accident. Your personal injury lawyer in San Jose CA will guide you through California state laws.
Lawyers who deal with personal injury cases understand the ins and outs of the legal system, and they will be able to walk you through it. They will make sure that you do not miss any important paperwork that needs to be completed. They also understand all of the legal procedures and medical and insurance terms that are involved in personal injury cases.
Injury victims deal with a lot of powerful emotions, including stress, frustration, anger, fear, and more. A personal injury lawyer understands this, which is why they will offer you unbiased opinions to help you make a more informed decision that is not clouded by negative emotions.
Many personal injury cases are settled before they are even filed and do not end in a trial. If the negotiations with the insurance company fails and ends up denying a claim, the only way a victim can recover damages is to pursue a lawsuit and trial.
Lawsuits are a complicated process because there are rules of evidence and measures that must be followed to the letter. You should never attempt to take a defendant to court without legal representation. While many cases end in settlements, an experienced personal injury lawyer can help secure fair compensation.
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.