San Jose Personal Injury Lawyer
The San Jose personal injury lawyers at Bohn & Fletcher, LLP have built their reputation by achieving excellent results for clients with unmatched personalized service. For over 40 years, we have focused on representing people who suffer injury or damage due to the fault of others.
“Justice for our clients means full and fair compensation for all damages caused by another party’s negligence.”
Being a plaintiff in a personal injury case without quality representation can be stressful and confusing. This is especially true if you are still recovering from physical injuries and accumulating medical expenses. If your injury prevents you from working, then your lost wages can compound your family’s financial burdens.
Our San Jose personal injury lawyers will aggressively seek justice for you. Our San Jose attorneys have experience in all types of personal injury law and are known throughout San Jose and Northern California as premier trial attorneys. We have the experience and resources to recover full compensation for our clients either by settlement or jury trial.
The attorneys at Bohn & Fletcher are experienced and compassionate professionals. We tirelessly fight for the rights of injured Californians and their families. Our number one goal is to achieve full and fair compensation from the parties who are responsible for causing harm to our clients.
If you have suffered an injury caused by someone else’s negligence or recklessness, contact Bohn & Fletcher in San Jose at (408) 279-4222 or online today and schedule a free consultation to discuss your case and learn if we may be able to help you.
Some Common Types of San Jose Personal Injury Cases
Personal injuries may occur under many different circumstances. While the specific facts of each case are unique, and outcomes vary, common personal injury cases include claims arising from:
- San Jose Motor vehicle accidents: Traffic accidents and collisions are very common in personal injury cases. The National Safety Council (NSC) reports motor vehicle accidents caused more than 40,000 fatalities and approximately 4.6 million injuries requiring medical care in 2017. In 2016, nearly 5,400 injuries and fatalities were reported in San Jose alone. Depending on the facts and the parties involved, drivers, commercial vehicle operators, manufacturers, or even local governments may have liability in these types of cases:
- San Jose Slip and falls: can happen to anyone and almost anywhere. Despite the specific term that is used to describe these cases, “slip-and-falls” may include any accidental fall on someone else’s property, regardless of whether it was preceded by slipping, tripping, or just losing balance. Common factors contributing to slip-and-fall accidents include wet floors, uneven sidewalks, uneven or poorly-lit stairs, open holes, loose carpeting, and faulty handrails. According to data from the NSC, older pedestrians are at heightened risk for serious and fatal injuries from falls. In most cases, attorneys seek to hold property owners liable in these types of accidents.
- San Jose Product defects: Victims who have been injured while using a product as intended may have claims for personal injuries. According to the NSC, in 2017 approximately 10.5 million people received treatment in hospital emergency rooms for injuries caused by consumer products. When those products were defective because of their design, how they were manufactured, or because they lacked adequate warnings, any party in the stream of commerce, including the manufacturer, distributor, and retailer, may be strictly liable for damages.
- San Jose Construction accidents: Construction workers have the right to expect they will be kept safe from injury in a construction accident. When an accident occurs at a construction site (often as a result of lax safety practices, faulty equipment, or poor construction design), catastrophic injuries to vulnerable workers and their families often results. While some workers may be covered by workers compensation insurance, it does not necessarily apply in every case and to every victim. Additionally, even when workers compensation is available, a victim may still have the right to seek further damages from other liable parties.
- San Jose Workplace accidents: Just like construction workers, workers at any kind of job should be able to do their work safely and without suffering a workplace injury. In 2016, there were 4,398 preventable workplace deaths and 4.5 million workplace injuries requiring medical attention. Under California law, workers compensation insurance should be available to cover the cost of some injuries, including lost income, but workers often also have the right to file personal injury claims against others if those parties were responsible for causing the workplace accident.
- San Jose Animal attacks: Dog owners have a duty of care to others to control their pet, and the failure to do so may have devastating consequences. Dog attacks and maulings take an especially heavy toll on children and other vulnerable victims, who often do not recognize the warning signs of an agitated animal. Californians attacked by a dog may seek compensation for their injuries and losses regardless of whether the dog owner was at fault or the dog had a history of attack.
Common San Jose Personal Injuries
No two cases are ever alike; each comes with its own set of unique facts and circumstances. However, at Bohn & Fletcher, our attorneys often represent clients who have suffered the same types of severe personal injuries, including but not limited to:
- San Jose Traumatic Brain Injury: An impact, jolt, penetrating blow, or prolonged period without oxygen can cause lasting injuries to a human brain, known as traumatic brain injury (TBI). Brain injuries may involve a range of complications, some even permanent, including coma and/or severe cognitive and physical impairments. The symptoms of a TBI may occur immediately after an accident, but often may take hours or days to fully manifest. TBI frequently results from motor vehicle accidents, construction accidents, and slip-and-fall accidents.
- San Jose Spinal Cord Injury: Injuries to the vertebral column can damage or destroy the spinal cord’s ability to function with the brain and the body. Spinal cord injuries may result in permanent, partial, or total paralysis, thereby changing a victim’s life forever. Spinal cord injuries often occur due to a blow or other trauma to the vertebral column, such as when a worker on a construction site falls or an occupant of a motor vehicle suffers the impact of a collision.
- San Jose Traumatic Amputation and Crush Injuries: These injuries tend to be especially common in violent motor vehicle accidents and in workplace accidents involving heavy machinery. They often occur when a victim’s limb gets pinned, trapped, or severed by equipment. Victims of traumatic amputations and crush injuries may be left without the function of a limb and suffer reduced quality of life. Victims usually must endure surgeries, lengthy and painful rehabilitation, and need assistive devices to help them return to function moving forward.
- San Jose Burns: Whether caused by fire, chemicals, or electricity, second and third-degree burns inflict extreme physical and emotional pain. They frequently mean victims must suffer months of hospitalization, surgeries, and rehabilitation. Even after extended and painful recovery periods, burn victims may have disfiguring scars, psychological trauma, and permanent disabilities that limit their everyday lives. Personal injury victims with severe burns may have received them from a motor vehicle accident, construction accident, or incident at a place of public accommodation.
- San Jose Laceration and Penetrating Trauma: In violent motor vehicle collisions, workplace accidents, and dog maulings, among other circumstances, victims often suffer injuries that break the skin, and cause major bleeding and internal injury to muscles and other soft tissues. Even after surgeries and treatment of these wounds, disfiguring scars and impaired functionality often remain. In children attacked by animals, as well as other cases, emotional scars may also be a lasting issue.
- San Jose Broken Bones: Victims sometimes delay seeking legal help if they have suffered from these types of injuries because they usually aren’t life-threatening and may not seem “serious.” However, injuries like broken bones, torn knee ligaments, and damaged rotator cuffs can result in significant damages. Such injuries may severely limit a victim’s ability to earn a living, at least for the short term, and sometimes longer. As well, they may also cause chronic pain and other lasting complications.
- San Jose Toxic Exposure: Workers and homeowners who have been exposed to harmful substances and materials often do not realize the damage that has been done to them until long afterward when serious and sometimes irreversible injuries have already occurred. Toxic exposure may lead to severe health issues, including cancer, respiratory illness, birth defects, and compromised immune systems. The psychological trauma from toxic exposure may be particularly severe and debilitating. A victim may be unable to live without anxiety and fear of a recurrence or new exposure to substances that may be life-altering or even fatal.
While the injuries listed here are some of the more common examples of the physical damages that personal injury victims may suffer, there are almost always other damages as well.
Damages for Personal Injuries
It is very rare that a personal injury affects only one facet of a victim’s life. Instead, victims typically find that their injuries take a toll in every aspect of their lives, and in each of those areas, compensation may be appropriate.
The compassionate and experienced attorneys at Bohn & Fletcher strive to help their clients recover rightful compensation for all of the physical, emotional, and financial injuries they have suffered because of the negligence or recklessness of someone else.
Damages may be economic or non-economic, and may include:
- Medical expenses: The cost of emergency transportation, hospitalization, radiology, surgery, medication, rehabilitation, and other treatment, including ongoing care and assistive devices, are compensable damages.
- Lost wages and lost earning capacity: Personal injuries often force victims to take time off of work to recover. Some victims with permanent disabilities can never fully return to employment in their prior capacity. Lost wages from time off and any permanently diminished ability to earn a living may be compensable.
- Pain and suffering: Most personal injury claims include compensation for the physical and emotional pain inflicted by an injury. The amount that may be awarded for these damages depends on a variety of factors, including the severity of the injury, the length of recovery, and any permanent disabilities.
- Emotional distress or mental anguish: These damages compensate victims for the emotional and psychological trauma of their injuries.
- Loss of consortium: Victims and/or their loved ones may be able to seek damages to compensate for a loss of consortium, meaning the negative impact their injuries have had on their relationship with their spouse or partner.
- Loss of enjoyment of life: Any significant impact on a victim’s ability to engage in activities typical of their prior lifestyle may be compensable damages.
- Property damage: If a victim’s property is damaged or destroyed, as is often the case in motor vehicle accidents, they may receive damages for repair or replacement value of their property.
- Punitive damages: While rarely awarded in negligence cases, if there are particularly egregious circumstances such as the acts or omissions of the defendant involved malice, oppression, or fraud, a victim may be entitled to punitive damages.
An experienced San Jose personal injury lawyer can best advise you on the claims you may make and will have the knowledge and resources to accurately calculate the value of your total damages.
Three Important Steps to Take After a Personal Injury
Personal injury victims may not know what to do or where to turn after someone one else has upended their lives. If you have been injured by someone else’s negligence or recklessness, three of the most important things you can do to protect your rights are:
1. Report the Accident or Incident to Appropriate Authorities
No matter how your injury happened, there will often be someone “official” to whom you can report it. Do not wait to do so, for several reasons. First, you may have a legal responsibility to make a report, such as calling the police after a motor vehicle accident, or reporting a workplace injury to your employer. You do not want a failure to report the accident or incident to add to your burdens later.
Second, reporting an accident or incident in which you sustained an injury will create records that may become critically important evidence if you need to pursue claims for your damages.
Reporting may also prompt official action by the relevant authorities to preserve additional evidence and interview witnesses before their memories of the incident can fade.
Finally, you may also have an obligation to report an accident or injury to your insurance company.
2. Seek Immediate Medical Attention
Always do everything necessary to protect your own health and wellbeing. Seek medical care as soon possible after an accident or incident, regardless of whether you believe you were injured. Many injuries, including brain injuries and soft tissue injuries, may not develop until hours or even days later, and a delay in evaluation and treatment can cause irreparable harm.
Records of prompt medical attention may also become important evidence if or when a dispute regarding the extent and severity of injuries later arises.
3. Talk to an Experienced San Jose Personal Injury Lawyer as Soon as Possible
Schedule a free case review as soon as possible with an experienced San Jose personal injury lawyer from Bohn & Fletcher.
When someone has suffered a traumatic accident or incident, seeking out a lawyer to talk to may be low on the list of priorities, if the thought to do so occurs at all. However, the earlier you consult a lawyer the better the outcomes of your case may be. Key evidence can be more easily obtained and preserved, memories will be fresh, and diligent documentation of your damages can be made. Additionally, having representation early means you will never have the added stress of having to deal directly with the parties responsible for your injuries, or insurance companies who may try to pressure you into a quick but insufficient settlement.
Questions People Frequently Ask San Jose Personal Injury Lawyers
The aftermath of an accident or incident that caused personal injuries may be chaotic and confusing. Our personal injury clients often have many questions about their rights. While broad answers are offered here, please contact us to get specific answers for your particular circumstances:
How much time do I have to file a personal injury claim?
Under California law, the statute of limitations for personal most injury claims is generally two years from the date of the injury; however, there are some caveats and also rare exceptions to that rule. For example, notice of a claim against a government entity must be given within six months. Missing the statute of limitations deadlines may preclude your opportunity to recover damages, so be sure to talk to a personal injury lawyer as soon as possible to avoid that worst case outcome.
Can I still seek compensation for my injuries if I was partially at fault for the accident?
Under California law, a victim may be able to seek damages from anyone who was even partially responsible for causing their injuries. However, if you were partially at fault for your accident, any award you eventually receive may be reduced by the percentage of fault attributable to you. For example, if you were in a motor vehicle accident with another driver and had $100,000 in damages but you were found to be 10 percent at fault, your compensation would be $90,000. It is therefore very important to build the strongest possible case using the facts that show the correct allocation of liability.
What can I do if a family member died in an accident that was caused by someone else?
If a close family member was involved in a fatal accident or incident, you may be eligible to recover damages through a wrongful death claim against the responsible party. Wrongful death claims may be made by particular members of the decedent’s family, and usually benefit survivors such as spouses, partners, children, parents, or other financially dependent relatives. The damages that may be claimed in a wrongful death suit are limited to the loss are limited to damages related to the loss of value of the relationship, with some additional damages such as funeral and burial costs. For more information contact a skilled San Jose wrongful death lawyer today to discuss your case.
Do I Have a Personal Injury Case? Ask Our San Jose Personal Injury Attorneys
Bohn & Fletcher offers a free consultation to potential clients, and if our attorneys agree to take a case they will do so on a contingency fee basis. This means that the cost of any necessary litigation and attorney’s fees is not paid by the client but from any eventual settlement or judgment they may receive. If there is no recovery, the client is not responsible for any costs or fees.
If you have suffered an injury because of someone else’s negligence or recklessness, the legal team at Bohn & Fletcher in San Jose may be able to help you.
Our experienced attorneys understand personal injury law, and know that the right legal help may ensure a victim has the ability to move forward with their life. Contact Bohn & Fletcher in San Jose at (408) 279-4222 or online today and schedule a free consultation to discuss your case and learn if we may be able to help you.
Why Choose Bohn & Fletcher, LLP?
With so many law firms to choose from after being hurt in an incident, you may be wondering what sets Bohn & Fletcher, LLP apart. Our skilled and battle-tested personal injury lawyers have helped injured people and families of people killed by others for decades. Unlike most injury law firms, we provide individually-tailored counsel and representation to every client we take. If you want big-advertiser McDonald’s-value counsel, we are not your firm. If you want real and dedicated lawyers, who have the respect of defense lawyers and judges, we are your lawyers.
We know that every case is different, just like our clients, and take a personal interest in the outcome of each case. In addition to protecting your legal rights and fighting for the full compensation the law allows, we can also connect you with skilled and ethical medical providers and other help should that become necessary.
We are skilled negotiators who know how to get insurance companies and those responsible for causing harm to pay fair compensation. That said, we believe in obtaining fair value for our clients, not just negotiating quick and easy settlements. When at-fault parties or their insurance companies and lawyers refuse to make reasonable settlement offers, we will do the hard work of litigating a case and not hesitate to go to trial to get our clients fair compensation.
Notable Case Results for Our Clients
Every injury case is different. Some might be worth a few thousand dollars, while others are worth millions. Whether you incurred lesser medical bills for a straightforward fracture or have life-long effects of a permanent catastrophic injury, you deserve to recover for all of your losses.
We know how to handle high-value claims involving serious injuries. Here are some examples of notable case results we have obtained for our clients.
- $80,000,000 for brain and spinal injuries due to a defective booster seat;
- $45,000,000 for brain and spinal injuries due to a commercial truck collision;
- $42,000,000 for wrongful death claim by adult daughter of decedent;
- $14,100,000 verdict for spinal cord injuries from dangerous roadway;
- $8,100,000 for brain injuries in an auto-pedestrian collision;
- $7,600,000 for salon-related infections;
- $7,500,000 for burns suffered in a construction accident;
- $3,900,000 for wrongful death due to a failure to provide emergency services;
- $2,400,000 for multiple injuries from a car collision;
- $1,800,000 for dog bite injuries;
- $1,500,000 for neck injuries from a diving accident;
- $950,000 for ankle injuries from an auto collision;
- $675,000 for shoulder injuries from a trip and fall accident;
- $510,000 for a hip fracture in a slip and fall accident.
These case results stem from unique circumstances, and of course, they are not necessarily indicative of what we might obtain in your case. To get an idea of what your case might be worth, contact us directly for a free case evaluation so we can assess your situation and losses.
How Accidents Happen in San Jose
The San Jose area is a great place to live and work, and far more than a million people choose to do so. However living in such a highly populated area accident and injury risks. Thousands of people in the area are injured each year in incidents caused by no fault of their own.
Many people refer to San Jose as the capital of Silicon Valley, and its famously mild weather and cultural attractions draw people from across the globe. Unfortunately, this also means that there are many ways to get hurt in an accident caused by someone else.
Some of the ways that you can suffer injuries include:
- Using bikeways or one of the area’s many bike paths or trails;
- Commuting on one of the city’s many freeways or expressways, such as Highways 17, 85, or 237, Interstate 280, 680, or 880, Capitol Expressway, Lawrence Expressway, or San Tomas Expressway;
- Slipping and falling while shopping at places like Santana Row, Valley Fair, Oakridge Mall, Eastridge Mall or the Great Mall;
- Getting hit by a drunk driver in the SoFa District.
Many accidents in the area involve motor vehicles. Some locations are more prone to crashes than others.
How the Personal Injury Process Works
While you might feel that you deserve compensation for your injuries, it is common not to be familiar with how the personal injury claim process works.
Identifying liability – To have a valid claim, you must show that someone else was legally responsible for causing your injuries.
Many different parties can be negligent and lead to injuries, such as:
- Employers of negligent employees;
- Rideshare companies;
- Trucking or bus companies;
- Property owners and managers;
- Stores and businesses;
- Product manufacturers;
- Dog owners.
In some cases, more than one party will share liability for your injuries and losses. We must identify all possible sources of liability to ensure that you receive the full and fair compensation to cover your past and future losses.
Calculating your losses – You must prove the compensation you deserve as part of your claim. These calculations are not always easy. We consider your past and future medical bills, out-of-pocket expenses, lost earnings, pain and suffering, loss of enjoyment of life, disfigurement, and more to assess the full value of your claim.
Filing insurance claims – In some cases, the process begins with submitting a claim to the appropriate insurance companies, parties or other liable entities. Almost always, the insurance companies or responsible parties want to take as little responsibility as possible for the harm caused. This means that the first settlement offer you receive might be very low. We are not easily deterred and have the experience, knowledge, confidence and record to fight insurance companies and other defense interests to achieve the maximum settlement for you.
Filing a personal injury lawsuit – In cases where pre-litigation settlements do not occur or the case is one better served by immediately starting litigation, we can initiate a personal injury lawsuit against the responsible parties. We will work to reach an out-of-court settlement or, if a settlement is not advisable, we will represent you at trial. Unlike many others, we won’t hire someone else at the last minute to try your case. We handle every case we take from intake to verdict.