An Award-Winning Personal Injury Lawyer in San Jose, CA

Were You Injured in an Accident in San Jose, CA?

As California’s third largest city and the major cultural and economical hub of the Bay Area, San Jose is expanding every day. With a constant influx of visitors and residents commuting to nearby towns and cities, San Jose has also seen a rise in motor vehicle accidents.

According to crash data provided by the city, from 2017 to 2021, there were nearly 25,000 accidents in San Jose, CA. Of those accidents, 269 people were killed and over 1,000 suffered serious and catastrophic injuries. San Jose bills itself as one of America’s cleanest cities, and many residents choose to commute to work by bicycle or on foot. With that comes inherent danger, and as a result, Santa Clara County reports a large number of bicycle and pedestrian accidents each year.

The Law Offices of Daniel Kim is a highly experienced personal injury law firm that specializes in defending victims of motor vehicle accidents. We help clients in San Jose who have been injured in personal injury accidents caused by the negligence of another person. Our award-winning team will help guide you through the legal process so you don’t have to take on the insurance company alone.

Why Hire Daniel Kim as Your San Jose Personal Injury Attorney?

As one of California’s top personal injury attorneys, Daniel Kim has recovered millions of dollars for his clients since opening his own practice in 2014. As a testament to his professionalism, experience, and dedication, Daniel Kim maintains a 99% success rate, a fact that many other lawyers cannot claim. He has dedicated his career to helping clients fight insurance companies and seek compensation following auto accidents.

Daniel Kim has been recognized by The National Trial Lawyers Top 40 Under 40, The National Academy of Personal Injury Attorneys, as well as other distinguished law organizations. In addition to his many awards and accolades, Daniel has served in the US Army as a paralegal and has experience working internationally as an attorney with a diverse clientele.

Our friendly, attentive team provides personalized service from start to finish. We dedicate our practice to defending the rights of motor vehicle victims. We do not charge any legal fees until we win your personal injury lawsuit and you are compensated. Request your free consultation today.

Do I Need a Personal Injury Lawyer?

In the unfortunate event that you or someone you know suffered injuries in a motor vehicle accident, you may be wondering “Do I need to hire a lawyer?” or simply, “Do I have a case?” If your San Jose accident was caused by the negligence of someone else, the answer is yes. As California law states, accident victims can pursue damages in a personal injury lawsuit. Filing a lawsuit on your own can be a daunting task, especially if you haven’t fully recovered. This is why it is highly recommended to seek legal representation.

Many personal injury law firms entice clients with big settlement claims, but fail to dedicate the time and effort to each individual case. At The Law Offices of Daniel Kim, we take every call very seriously. Our San Jose personal injury team combs through each document and detail, and we have a large network of insurance company specialists and medical advisors who can assist you with your claim. Our priority is always getting personal injury clients the most out of a settlement.

Over 90% of personal injury lawsuits settle out of court. However, in the event that negotiations do not amount to a fair settlement, we will file a civil lawsuit and represent you in court in order to secure fair compensation.

Statute of Limitations in California

In accordance with California statute of limitations, victims have two years from the date of their accident to file a personal injury lawsuit in Santa Clara County. If you fail to act within this time, you could lose your right to seek compensation. This is why it’s crucial for our San Jose personal injury team to get started on your case as soon as possible.

Types of Personal Injury Cases We Handle

Rear-end collisions, bicycle crashes with a car, and accidents involving Uber are just some of the cases we handle on a daily basis. The Law Offices of Daniel Kim protects victims of San Jose accidents, ranging from minor to life threatening.

Living in a city with nearly one million residents means you’ll be dealing with congested roads and highways on a frequent basis. Speeding and running red lights are some of the most common causes of car accidents in the Bay Area. Car accidents can cause such injuries like neck injuries and traumatic brain injury. If you, a family member, or loved one suffered injuries in a San Jose accident because of someone else’s fault, you’ll benefit from legal representation. Consult with our best San Jose car accident lawyer today.

Accidents involving tow trucks, tractor trailers, 18-wheelers, and dump trucks can cause serious and life-threatening injuries due to the vehicles’ massive weight and size. If you have been injured in a San Jose truck accident, you have the legal right to sue the truck company responsible for the accident. Facing a big-name company and their highly trained legal defense team can be daunting. Contact us to speak with a San Jose truck accident lawyer to discuss your case.

Over 80,000 motorcyclists are injured each year in the United States, with many suffering catastrophic or even fatal injuries. While many people view motorcyclists as dangerous or reckless, many collisions are actually the result of careless or distracted drivers who do not abide by traffic laws. If you or someone you know were a victim of a motorcycle accident and in need of an experienced San Jose motorcycle accident lawyer, call to request a free consultation with us.

San Jose is a bicyclist’s paradise with miles of bike lanes and trails. The Bay Wheels bike sharing program is a popular and cheap way to get around, with hundreds of stations available throughout San Jose, San Francisco, and the East Bay. With the ease and accessibility of bike sharing, bike accidents have been on the rise. Having a San Jose bicycle accident lawyer on your side means you’ll have a better chance of compensation in the event of an accident.

Many residents rely on rideshare companies like Uber and Lyft to run errands or get to and from San Jose Airport. However, with so many drivers on the road, getting into an accident as a passenger of Uber/Lyft is becoming increasingly common. Our experienced San Jose Lyft and Uber accident lawyer will go toe-to-toe with these billion-dollar rideshare companies and their legal team to get you full and fair compensation for your accident.

St. Leo’s, East Virginia, and Sunol-Midtown are some of San Jose’s most walkable neighborhoods, according to Walk Score. However, the city’s overall score of 51 out of 100 leaves much to be desired. San Jose accidents at crosswalks and intersections are painful and largely avoidable. Our San Jose pedestrian accident lawyer helps victims of pedestrian-car accidents recover damages so that they can heal properly.

Losing a loved one is one of the most painful experiences anyone can go through. When the death was caused by the negligence or wrongdoing of another person, it can be even more devastating. While no amount of compensation can bring back your loved one, it can help you and your family recover financially. Our San Jose wrongful death lawyer can help you get the most out of your compensation by negotiating with insurance companies and the responsible party’s attorneys to ensure you receive a fair settlement. They will also help you understand your legal rights and navigate the complex legal system so you can focus on healing and grieving with your loved ones.

How Much Is My Personal Injury Claim Worth?

If you have made the decision to file a personal injury claim, your next thought might be “How much is my claim worth?” While we would love to give you a specific dollar amount to raise your spirits, it is simply not possible to say how much your claim is worth without knowing the details first. A San Jose personal injury settlement amount is based on a variety of factors, including:

• Current and future medical bills:

  Medical expenses – both current and future – that are a result of your accident are typically covered in a claim.

• Lost wages:

  Many accident victims end up missing weeks if not months of work due to their injuries and recovery. Your claim can compensate you for your lost wages from the time you stopped working.

• Pain and suffering:

  An often overlooked but just as important part of your claim is what is known as “pain and suffering.” This includes physical and emotional damage caused by the accident, such as the loss of enjoyment of life.

• Permanent physical injuries:

  Serious accidents can cause permanent physical damage, both physically and mentally. A claim can include expenses to cover the cost of physical therapy or ongoing treatment.

• Property damage:

  Your vehicle, whether a car or a bicycle, will likely sustain damage in an accident. A claim will often include the cost of repair to your vehicle.

• Wrongful death:

  In the tragic event that you lost a loved one in an accident, you have the right to file a wrongful death claim on behalf of the deceased.

Personal Injuries Due to Negligence

In order for a personal injury claim to be successful, the injured victim (the plaintiff) must be able to prove liability. In simpler terms, the person filing the lawsuit must show the other party (the defendant) was at fault for the accident and is responsible for damages. Determining fault is not always a straightforward process.

To claim negligence in a San Jose personal injury case, you must prove these four elements of the legal process:

1. Duty of care:

   The at-fault party owed you a duty of care. For example, drivers have a responsibility to adhere to the speed limit and follow traffic laws.

2. Breach of duty of care:

   The negligent party violated their duty of care, either by speeding, driving recklessly, running a red light, etc.

3. Causation:

   The actions of the negligent party directly caused injuries.

4. Damages:

   The victim incurred economic and non-economic damages due to the injuries, such as medical bills, emotional trauma, and loss of earnings.

If both parties cannot come to an agreement to who is at fault, it may be necessary to take the case to court.

Comparative Negligence

As stated earlier, determining fault is not always easy. For example, the plaintiff may be partially at fault for the accident. Under California’s comparative fault law, the plaintiff is still able to recover damages even if he or she is partially at fault. Also known as “pure comparative negligence,” this law allows a plaintiff to recover damages based on the percentage of fault. For example, if the plaintiff is 25% responsible for the accident, he or she would be able to recover 75% in damages.

How Much Do Personal Injury Lawyers Cost?

After being involved in an accident, the last thing on your mind might be paying steep legal fees. After all, medical bills and vehicle repair can be immense and incredibly stressful. This is why most personal injury lawyers operate on a contingency fee basis rather than a per-hour fee. This means that unless your case is won, you are not responsible for any upfront legal fees. To help ease your burden, our law firm offers all potential clients a free, no-obligation case evaluation. Speak with a San Jose personal injury team member today about your case.

Frequently Asked Questions

If I Hire You, What Happens Next?

Once you hire us, you will no longer be required to speak with the insurance company or any other party involved in the accident. Our attorney and legal team will send a representation letter to everyone involved to show you have legal representation. Next, we will begin an investigation of the accident and contact any witnesses. During this time, we will advise you on how to seek medical care for your injuries. Once you have healed, we will negotiate your case until we reach the maximum compensation.

How Often Do Personal Injury Cases Go to Trial?

Only about 3 to 4% of personal injury claims go to trial. This is largely due to the fact that there are a staggering amount of these types of civil claims filed each year, so only a small amount actually end up in court. As long as the attorney is able to aggressively litigate and present the value of the case, many insurance companies would rather settle outside of court.

What If I Can’t Afford My Medical Bills?

This is a cause for concern for most accident victims. Under California law, the at-fault party is responsible for damages, including medical bills. However, payment is not immediate, and it is recommended to use your private health insurance to cover expenses until you receive compensation. If you are uninsured, you may qualify for a lien or a delayed payment until you resolve your case.

How Long Do Personal Injury Claims Take To Settle?

According to the Bureau of Justice statistics, on average motor vehicle accident cases take 20 months to settle. We must stress that this is an average number, and your case could take less or more time to settle depending on the severity of the accident. It is best to speak with an experienced attorney as soon as possible to gain a better understanding of the legal process and the road ahead.

Contact Our San Jose Personal Injury Attorney Near You

At The Law Offices of Daniel Kim, our trusted legal team has the experience needed to win San Jose personal injury claims and wrongful death claims. We also possess the expertise to fight the insurance company and defend victims of auto accidents.

Personal injury attorney, Daniel Kim, is proud to serve clients in the nearby neighborhoods of San Jose and the surrounding cities of Santa Clara County including Sunnyvale, Santa Clara, Mountain View, Milpitas, Cupertino, Palo Alto, Gilroy, Morgan Hill, Los Gatos, Campbell, Saratoga, Los Altos, Los Altos Hills, Monte Sereno, Willow Glen, Rose Garden, Almaden Valley, Evergreen, Cambrian Park, Blossom Valley, Downtown San Jose, Japantown, West San Jose, and Berryessa.

If you have been injured in a traffic collision, local personal injury lawyers can provide assistance to give you back your peace of mind. That is why at our law firm, our team will work tirelessly to seek the compensation you deserve. Contact our team for a free evaluation of your case today.

Driving Directions to Our San Jose Office

Car Accident Lawyer Daniel Kim — San Jose, CA
Address: 300 S 1st St #311, San Jose, CA 95113
Phone: (408) 882-1681

About San Jose, CA

As the capital of Silicon Valley, San Jose is well-known as a mecca for innovation. Major companies like eBay, Adobe, and PayPal have their headquarters in the city. San Jose, unlike its major metropolitan counterparts,  is one of the safest and cleanest big cities in the US. Popular landmarks and attractions include The Tech Interactive, Winchester Mystery House, and Lick Observatory. Pro sports teams, like the NHL’s Sharks and MLS’ Earthquakes, also reside in San Jose.