San Jose Accident Attorney
San Jose Accident Attorney

Car Accidents

San Jose Car Accident Attorney

At Mitchell & Danoff Law Firm, We Stand Up against Insurance Companies!

Car accidents are a leading cause of personal injury in the nation. The shocking reality remains that most of these car accidents could have been prevented. If drivers would pay more attention to the roads and would have a higher regard for other motorists, car crashes could significantly decrease, and lives could be saved.

Our San Jose Car Accident Lawyer, Tab Mitchell, has had significant success representing victims of a variety of car accidents.

San Jose car accidents often include the following:

Tab Mitchell has not only been an injury victim himself, but he’s worked for the insurance companies and knows exactly how they think.


To learn more about your right to compensation, call (831) 219-2110 to schedule a free and confidential case evaluation with our San Jose car accident attorney.


Injuries Resulting from a Car Accident

Car accident injuries differ depending on the severity of the crash, the type of vehicle, and many other factors. Even low-speed collisions can generate enough force to cause serious damage when airbags deploy or drivers and passengers experience whiplash.

Any injury that was caused by no fault of your own may be grounds for a personal injury claim – you shouldn’t have to pay for the damages.

Common types of injuries resulting from car accidents include:

If you or a passenger in your vehicle was involved in a car accident and sustained any of the injuries listed above, or if your family member was killed, come to Mitchell & Danoff Law Firm and learn how our skilled litigator can help you pursue your full compensation by filing a personal injury or wrongful death claim.

When you have been involved in a collision that was caused by no fault of your own, you owe it to yourself and your family to secure one of the most trusted car accident law firms in this region.

Do You Need a Lawyer After a Car Accident?

If you’ve been injured in a car accident, it’s a good idea to reach out to a lawyer who offers free consultations. Even if you experienced minor injuries, you never know if they may turn into something more serious down the road. Getting a San Jose car accident lawyer is especially important when dealing with an insurance company that blames you or isn’t taking your injury seriously.

What to Avoid Following a Car Accident

After an accident, you may need the services of your insurance company to help cover the cost of your medical bills and repair or replace your vehicle. The insurance company may have a different idea of what the outcome of your claim should be. The insurance company is likely seeking to close the case for as little as possible.

Your conversations with the insurance company should be strategic. Try to avoid making statements that aren’t factual or are estimates like “I’m not injured” or “I was speeding.” You should also avoid accepting blame or discussing the accident with the insurance company of the others involved.

Additional Resources:

Looking for more information about what to do following an accident, or ways to prevent being involved in a car accident? Check out some of our latest blog posts for more helpful information!

Learn How Much Your Claim May be Worth by Calling a Car Accident Lawyer in San Jose at Mitchell & Danoff Law Firm!

If you need a Bay Area car accident attorney, we have handled nearly every type of car accident claim and know the ins and outs of personal injury law. Our car accident attorney in San Jose begins to aggressively prepare every case from day one. This is why it is so important to call us immediately after your accident.

The sooner you call us, the sooner we can begin investigating your accident. We work hard to never leave a stone unturned to determine which parties can be held accountable for your injury, property damage, and emotional suffering.


Contact Mitchell & Danoff Law Firm by calling (831) 219-2110 and learn more about the value of your claim with our San Jose car accident attorney today!


 

Commonly Asked Questions

What should I do immediately after a car accident?

After a car accident, it’s important to prioritize your safety and the safety of others involved. Move to a safe location if possible, check for injuries, and call emergency services. Exchange information with the other driver(s) and gather evidence such as photos and witness statements. It’s also advisable to report the accident to your insurance company.

How long do I have to file a personal injury claim after a car accident?

The statute of limitations for filing a personal injury claim after a car accident in California is generally two years from the date of the accident. However, it’s best to consult with a car accident attorney as soon as possible to ensure you meet all necessary deadlines and gather the required evidence to support your claim.

What if the other driver is uninsured or underinsured?

If you’re involved in a car accident with an uninsured or underinsured driver, it can complicate the process of seeking compensation for your injuries and damages. In such cases, you may be able to file an uninsured/underinsured motorist claim with your own insurance company. It’s important to review your insurance policy and consult with an attorney to understand your options.

How much compensation can I receive for my car accident injuries?

The amount of compensation you may receive for your car accident injuries depends on various factors such as the severity of your injuries, medical expenses, lost wages, pain and suffering, and the impact on your daily life. Every case is unique, so it’s best to consult with a car accident attorney who can evaluate your specific circumstances and help you seek fair compensation.

Can I still file a personal injury claim if I was partially at fault for the car accident?

Yes, you may still be able to file a personal injury claim even if you were partially at fault for the car accident. California follows a comparative negligence rule, which means that your compensation may be reduced based on your percentage of fault. It’s important to consult with a car accident attorney who can assess your case and determine your legal options.

What if the insurance company denies my car accident claim?

If your car accident claim is denied by the insurance company, it’s not necessarily the end of your legal options. You can consult with a car accident attorney who can review your case, gather additional evidence, and negotiate with the insurance company on your behalf. If necessary, your attorney can file a lawsuit to seek the compensation you deserve.

Car Accident Attorney In San Jose

At Mitchell & Danoff Law Firm, we pride ourselves on standing up against insurance companies. Car accidents remain one of the leading causes of personal injuries in our nation. The shocking truth is, most of these accidents are preventable. If drivers paid more attention to the roads around them and took greater care to respect their fellow motorists, we could see a substantial decrease in accidents and injuries.

Common Types Of San Jose Car Accidents

  • Distracted Driving & Texting While Driving Accidents: With the rise of smartphones, distracted driving has become one of the primary causes of car accidents. Texting, browsing, and other distractions can lead to severe consequences on the roads.
  • Drunk Driving Accidents: Alcohol impairs judgment, coordination, and reaction times, leading to contention on the roads. Drunk driving is a serious offense that causes thousands of fatalities each year.
  • Fatal Car Accidents: Unfortunately, some accidents end tragically, with innocent lives lost. These instances require compassionate and competent legal representation for the victims’ families.
  • Rear-End Collisions: This type of accident occurs frequently in heavy traffic when a driver fails to stop in time. Whiplash and other injuries often result from these situations.
  • Uninsured & Underinsured Motorist Claims: If you are in an accident with a driver who lacks sufficient insurance, you need a skilled attorney to help you navigate the complexities of your claim.

Understanding Your Right To Compensation

If you have been involved in a car accident through no fault of your own, you deserve to know your rights regarding compensation. Call (831) 219-2110 now to schedule a free and confidential case evaluation with our San Jose car accident attorney.

Types Of Injuries Resulting From Car Accidents

Some common injuries resulting from car accidents include:

  • Head, Neck, and Spine Injuries: These can have long-lasting effects and may require extensive medical care and rehabilitation.
  • Traumatic Brain Injury (TBI): Even a minor bump to the head can result in a TBI, leading to serious health complications.
  • Burn Injuries: Vehicle fires can cause severe burns, leading to disfigurement and extensive treatment.
  • Cuts, Scrapes, and Bruises: While they may seem minor, these injuries can sometimes hide more serious underlying conditions.
  • Loss of Limbs: In severe accidents, the risk of amputation can be a tragic outcome for victims.

What To Avoid After A Car Accident

Following an accident, it’s crucial to be cautious about your communications. While you may need to consult with your insurance company regarding medical costs and damage repair, remember that they often aim to settle claims for the least amount of money possible.

Here are some guidelines to avoid pitfalls:

  • Avoid making statements that could be misconstrued, such as “I’m not injured” or admitting fault.
  • Do not discuss the accident with the insurance company representing the other party without your attorney present.
  • Be wary of signing any documents without legal counsel, as you may unknowingly waive your rights to fair compensation.

Learn How Much Your Claim May Be Worth

Understanding the value of your car accident claim is vital in seeking justice for your injuries. Contact Mitchell & Danoff Law Firm at (831) 219-2110 today because we have vast experience with a wide range of car accident claims, and we are adept at assessing the many factors that contribute to the value of your case.

When you consult with us, our San Jose car accident attorney will begin aggressively preparing your case from day one. We work diligently to leave no stone unturned in investigating your accident, gathering vital evidence, and determining which parties can be held liable for your injuries, property damage, and emotional suffering.

The sooner you reach out to us, the sooner we can initiate this process. We will ensure that your voice is heard, and your rights are protected in pursuit of fair compensation for what you have endured.

Commonly Asked Questions

To further assist you, here are some answers to frequently asked questions regarding car accidents and personal injury claims:

  1. What Should I Do Immediately After a Car Accident? After a car accident, safety should be your primary concern. If you are able: move to a safe location, check yourself and others for injuries, call the police and call emergency services if necessary.
    1. Then, exchange information with the other driver(s) and gather evidence such as photographs and videos, witness statements and contact information. Reporting the accident to your insurance company promptly is also advisable but do so with caution to avoid statements that could undermine your claim.
    2. Following an accident, it’s crucial to be cautious about your communications. While you may need to consult with your insurance company regarding medical costs and damage repair, remember that they often aim to settle claims for the least amount of money possible.
  2. Here are some guidelines to avoid pitfalls:
    1. Avoid making statements that could be misconstrued, such as “I’m not injured” or admitting fault.
    2. Do not discuss the accident with the insurance company representing the other party without your attorney present.
    3. Be wary of signing any documents without legal counsel, as you may unknowingly waive your rights to fair compensation.
  3. How Long Do I Have to File a Personal Injury Claim After a Car Accident? In California, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident. However, it’s best to consult with an attorney promptly to ensure you meet all deadlines and collect the necessary evidence.
  4. What If the Other Driver is Uninsured or Underinsured? Encountering an uninsured or underinsured motorist can complicate your claim. In these instances, you may have the option to file an uninsured/underinsured motorist claim using your insurance policy. Reviewing your policy and consulting with an experienced attorney is crucial in navigating this challenging situation.
  5. How Much Compensation Can I Receive for My Car Accident Injuries? Compensation varies widely based on several factors, including the severity of injuries, medical costs, lost wages, and pain and suffering. No two cases are the same, so consulting a car accident attorney to evaluate your specific circumstances is critical to seeking far compensation.
  6. Can I Still File a Personal Injury Claim if I Was Partially at Fault for the Car Accident? Yes, California operates under a comparative negligence rule, meaning you can file a claim even if you bear some responsibility for the accident. However, your compensation may be reduced based on your degree of fault. Legal consultation will provide clarity on your situation and the viable legal strategies that you can follow to strengthen your case.
  7. What If the Insurance Company Denies My Car Accident Claim? Even if your claim is denied, don’t lose hope. Initial denials are not uncommon, and there are steps you can take to protect your rights. Consulting with a car accident attorney is crucial; they can review your case, gather additional evidence, and negotiate with the insurance company. If necessary, they can file a lawsuit to advocate for the compensation you deserve.

Contact Our Firm Today

Our firm understands the physical, emotional, and financial hardships that come with a car accident, and we are committed to guiding you through the legal process with compassion and professionalism. You do not have to face this battle alone; let us stand by your side and fight for your rights.

If you or a loved one has been involved in a car accident in the San Jose area, contact Mitchell & Danoff Law Firm at (831) 219-2110. Our dedicated team is here to support you through this challenging time by providing the experienced representation you need for a successful outcome.

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Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.