San Jose Personal Injury FAQ
No one expects to get injured, so it almost always comes as a shock when an incident occurs that leads to personal injury. The shock is not only experienced physically, but emotionally as well. You likely have many questions racing through your head: “What am I going to do about work?”, “How serious are my injuries?”, “How do I hold someone responsible for this?” The list goes on. While this may be one of the most stressful times in your life, take comfort in knowing that there are legal rights and options available to you that can help alleviate that stress.
The injury lawyers at our San Jose law firm, Bohn & Fletcher, have successfully represented many people who have been injured by another’s negligence. Our attorneys have over 40 years of experience in personal injury law and know what it takes to see clients through to a favorable outcome. To ease some of the initial pressure a recently injured person might be feeling, we have compiled this comprehensive list of common personal injury questions that our lawyers have answered over the years. We handle claims throughout the Bay Area, including cases in San Jose, Santa Clara, Los Gatos, Campbell, Fremont, Gilroy, Palo Alto and many more locally, nationally and even internationally.
What Are Some Commonly Asked Questions About Personal Injury Cases?
In the stressful and emotional time following an accident, it is important to know how to protect and execute your legal rights and options. In this section, the personal injury attorneys at Bohn & Fletcher provide answers to frequently asked questions about being involved in an accident and pursuing a personal injury claim.
What Should I Do After Being Involved in an Accident?
First, call 911 for medical care if anyone has sustained an injury and to request assistance from the police. It can be helpful to have a detailed report of the accident together with information about witnesses. Record as many details as you can at the scene of the accident. Take pictures of the accident scene, vehicles, and injuries and write down the contact information of any witnesses. In the days and months following the accident, document everything you do or experience that is related to the accident or your injuries. This includes documenting the dates of any medical treatment, who provided your treatment and any time taken off work. It is also important to document any instances of pain, anxiety, sleep loss or other ailments that you experience as a result of the accident and/or injury. Further, keep records of phone messages and emails with your insurance company, and make sure that every correspondence with your own insurance company or adjuster is in writing. Do not speak or correspond with — nor give a statement or authorization of any kind — to the other person’s insurance company or investigator.
How Much Is My Case Worth?
While there is no quick definitive answer for how much a personal injury case is worth, it is often possible to determine a reasonable settlement range for a claim after a client’s medical condition has stabilized.
To help determine how much a case is worth, we look at factors such as:
- Severity of the injuries
- Other parties’ liability
- Insurance policy limits or assets from the negligent party
- Medical bills, including the cost of future treatment needs
- Lost wages, including lost future earning potential
- Settlements and verdicts from similar cases
These and other factors help us determine how much compensation you are likely to be awarded for your injuries. Based on this determination, we are able to give you an idea of what you might expect from your case.
Can I Recover Compensation for Pain, Suffering and Emotional Distress?
Often, people focus solely on their out-of-pocket losses after an accident. As a result, people only seek to recover these economic losses. However, people are not cars. They can live, breathe and feel things physically and emotionally. There is a value to the loss of these things. Being seriously injured impacts a person’s life in more ways than just incurring medical bills and missing work. Injuries can also affect relationships with others; friendships or family bonds can become strained because of a person’s new physical limitations and the additional demands that now fall on loved ones. In many cases, the harm to the person and his or her life is much greater than the harm done to his or her finances. The attorneys at Bohn & Fletcher understand this and can help you recover compensation for past, present and future pain, suffering and emotional distress resulting from an accident.
How Long Will My Case Take to Resolve?
Every personal injury case is different, and the length of time it takes to resolve a case depends on many factors, such as:
- The nature and extent of the injury
- The length of treatment and number of doctors involved
- Whether the case is settled informally, litigated or goes to trial
- The extent and availability of insurance coverage
Like you, we prefer cases to resolve as quickly as possible. However, we are only satisfied with a quick resolution as long as full and fair compensation is obtained for our clients. Unfortunately, insurance companies and their lawyers often delay results if they cannot outright deny a claim. Our attorneys work to resolve cases in our clients’ best interests, considering both time and available compensation, with the primary objective of achieving the best result possible for you.
What if I Prefer Not to Go to Trial?
If so, then you will be happy to know that most cases do not require a trial in order to be resolved. Claims are usually settled with the negligent party’s insurance carrier. However, if going to trial is necessary, we can prepare you for the process, answer all of your questions that come up and ensure that your rights are protected every step of the way. With over four decades of trial experience, we can guide you through the legal process and are more than willing to take cases to trial if it is the best way for our clients to receive fair and rightful compensation. However, if — after hearing our advice — you choose not to go to trial, then we will honor your decision.
Who Pays if I Win My Personal Injury Claim?
Some accident survivors are concerned about pursuing a personal injury claim against someone who does not have a lot of money or assets. In nearly every case we file — and virtually all of those that proceed to trial — the defendant has insurance. When a defendant has insurance, the insurance company hires a lawyer for the defense and pays for any judgment or settlement. In other words, the money you recover comes from an insurance company, rather than from the individual. In these situations, the defendant has insurance specifically for the purpose of paying damages caused by negligence. As a result, you generally do not have to worry that the other party’s personal assets will be at risk.
Have More Personal Injury Questions? Schedule a Free Consultation
If you or someone you know has been involved in an accident due to the negligence of another, then do not hesitate to contact Bohn & Fletcher to find out how we can help you obtain compensation for your injuries. We proudly serve clients throughout California, including the greater Bay Area (San Jose, Santa Clara, Sunnyvale, Cupertino, Campbell, Los Gatos, San Francisco, Palo Alto, throughout the Bay Area, state, nation and even abroad).
Call (408) 556-9780 or contact us online to schedule a free consultation with one of our skilled serious injury attorneys. During this initial meeting, you will be able to meet with Mr. Bohn or Mr. Fletcher face-to-face to discuss your personal injury case and how to proceed. Contact us today to see how we can help you.