Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
San Jose is one of the oldest cities in California, with a population of over 900,000. With so many people in the area, accidents and injuries happen from time to time.
If you find yourself struggling with locating the right personal injury lawyer in San Jose, Forbes Advisor can help. We’ve created a list of the best personal injury lawyers in the city. We’ve also put together some tips on how to find the right attorney for you.
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Best San Jose, CA Personal Injury Attorneys
Compare Our Top San Jose Personal Injury Attorneys
Other California Personal Injury Lawyers
San Jose, California Personal Injury Laws
Just like every other state, California has its own set of laws concerning personal injury. There’s no substitute for the assistance and guidance of a great personal injury lawyer—like those who made our list—but we can tell you some of the basics, at least.
After all, knowing things like the statute of limitations or how fault is determined can be the difference between recovering for your injuries and not being allowed to even file a case.
Statute of Limitations in San Jose
California has a two-year statute of limitations on most personal injuries.
This means you have to file a personal injury case within two years of the initial injury or you may be barred from recovery entirely.
Personal injury claims against a city, county or state agency in California must be filed within six months. In addition to this shorter time to make your claim, there are several procedural steps that must be followed in order to file a claim against a government agency.
Whether you were injured by the government or someone else, though, these limitations are the maximum time allowed and not a guideline. The more time you allow to pass before contacting an attorney and starting your case, the weaker your case is likely to be.
Determining Fault in San Jose
California follows the same approach to determining fault as many states, a system called pure comparative negligence.
Under this approach, the court will find fault for an injury and assign a percentage of that fault to each party. Each party is then able to recover for their damages, but is also responsible for their percentage of the overall damages.
Imagine a case of a two-car accident:
- Driver A suffers $50,000 in damages and is found to be 20% at fault.
- Driver B suffers $10,000 in damages and is found to be 80% at fault.
The court looks at the total damages, in this case $100,000 and awards it based on need and responsibility for the accident. Under pure comparative negligence, each person is completely responsible for their percent of fault and can recover from other drivers for their individual level of fault.
In this example, Driver A is entitled to $40,000 from Driver B. Driver B is entitled to $2,000 from Driver A.
California Dog Bite Liability
California does not follow the “one bite” rule that most states do. In many states, dogs are treated as if they are not known to bite until they actually do so. Once a dog bites someone, the owner is “on notice” that their dog might bite, and it becomes much easier to hold the owner accountable.
California does not grant dog owners this leeway. Typically, the owner of a dog in California is liable for any harm caused by their dog regardless of the dog’s past behavior.
California Limits on Personal Injury Recovery
California caps non-economic damages in medical malpractice cases at $350,000. This means that the cost of treatment or lost wages is uncapped, but you can only recover $350,000 for things like pain and suffering.
California also has some caps on recovery in auto accidents regardless of who is at fault in the accident.
- Uninsured drivers can usually not recover non-economic damages from a car accident regardless of who caused the accident.
- If the driver of the other vehicle is under the influence of drugs or alcohol, however, the uninsured driver can recover non-economic damages if they weren’t at fault.
How to Find the Best San Jose Personal Injury Lawyer
When you suffer an injury due to an accident or someone else’s negligence, finding the right lawyer can be crucial to your success. With so many types of lawyers out there, it’s essential to find one with experience in your specific case. Here are some things to consider when looking for a personal injury lawyer.
What Type of Experience Do They Have?
To ensure the best outcome for your case, it’s important to find a lawyer with experience in the type of injury you have suffered. For instance, if you were in a car accident, look for a lawyer specializing in car accidents—and be aware that there are lawyers who specialize in motorcycle and big rig accidents, too.
Similarly, if you were injured at work, a lawyer with experience in workers’ compensation claims and labor laws can be helpful. An experienced lawyer will understand the nuances of your case, navigate legal hurdles and advocate for your rights.
How Expensive Are They?
Most personal injury attorneys work on a contingency basis, which means they receive a percentage of your settlement. Look for someone who charges a fee within the normal range of contingency fees. San Jose personal injury lawyers, for instance, usually charge between 33% and 40%. Keep in mind that a lawyer with a lot of experience may negotiate a higher settlement, making the higher contingency fee worth it.
How Do They Communicate With Clients?
Good communication is vital in any legal matter. Ask your potential lawyer about their communication process, especially if personal injury cases can take a long time. Look for an attorney who has a regular schedule of communication, so you’re always up-to-date with progress. A good lawyer should communicate quickly when there are timely notices that you need to review and address.
A lawyer that communicates in a style that suits you is also important. If phone calls from an attorney cause you undue stress, for example, finding a lawyer who sticks to email outside of emergencies might be a good idea.
What Percentage of Their Business Comes From Attorney Referrals?
Being referred to by other lawyers is a good indication of a personal injury attorney’s skill and reputation. Ask the lawyer what percentage of their business comes from attorney referrals. Good attorneys are willing to give you references to talk to—professional and former clients—that will help you set better expectations about the process and success rate of the lawyer.
Methodology
To come up with the Best Personal Injury Lawyers in San Jose in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Do I have to pay taxes on a personal injury settlement in San Jose, California?
Typically, any payment from a lawsuit that relates directly to a physical injury is not taxed in California. This includes lost wages and treatment costs. The pain and suffering or emotional distress payments you may receive are also not taxable in California. If the other party is assessed punitive damages—which would only happen at trial—however, these would be taxable.
Note that the federal taxes may be slightly different. Lost wages, for example, are generally taxable at the federal level, at least to make up the Medi
How long does it take to settle a car accident claim in San Jose, CA?
There is a state law in California requiring insurance carriers to settle claims within 85 days from the initial claim filing. This means that insurance companies are required to reach a settlement within about three months.
If the claim results in a lawsuit, of course, it can take much longer for the final resolution to be reached, whether that’s a settlement or a verdict.
What if my medical bills exceed my settlement in San Jose?
Unfortunately, there is no provision in law for settlements that don’t fully cover medical costs. If, after all insurance and settlement proceeds are applied, you still owe, you will have to make arrangements to pay.
If your medical bills exceed the responsible party’s insurance policy, however, they are still responsible for the costs of the injuries they caused unless you agree to a settlement to accept less.
