Frequently Asked Questions

It depends on the circumstances. Not everyone can file a personal injury lawsuit because there are specific requirements. For example, there is a statute of limitations or deadline for filing a lawsuit. The statute of limitations varies depending on the circumstances surrounding your case. Generally, you must have evidence that the other party was negligent or caused intentional harm before you file a lawsuit. There may also be specific laws relating to your particular situation. For example, California has specific laws for cases involving dog bites. Owners are strictly liable for dog bites under the right circumstances. You would not need to prove that the owner was negligent. There are also specific rules for filing a personal injury claim against a government entity. You have significantly less time to file. We strongly encourage you to speak with one of our San Jose personal injury attorneys as soon as possible if you suspect a government entity caused your damages.

Determining the statute of limitations that applies to your case can be complicated. In general, California’s personal injury lawsuit statute of limitations is two years from the date of the accident. However, this time limit can vary. For example, cases involving a public entity and cases involving a minor child have different time limits. You should speak with one of our San Jose personal injury lawyers as soon as possible after an accident. We can help to prevent the statute of limitations from becoming an issue for your case. The sooner you contact us, the sooner we can begin investigating your case, preserving evidence and complying with the relevant deadlines.

The damages in a personal injury case vary on a case by case basis. There are economic damages, which cover tangible expenses related to your injury. There are also noneconomic damages that take your pain and suffering into account. Damages often include:
• Past, present and future medical bills
• Lost income or lost wages
• Loss of future earning potential
• Pain and suffering caused by the injury or loss
• Punitive damages are also possible in certain situations if your case proceeds to a trial and the jury finds the defendant’s actions were particularly egregious

It is impossible to assess your claim’s potential value until we can collect the essential information about the case. Often, it is necessary to complete an investigation and some discovery before we can determine your case’s value. We also base our evaluation on our knowledge of the trends in recent trial results. However, the amount of compensation you can recover depends on many factors. These factors include:
• Severity of your injury
• Pain and suffering caused by the injury
• Amount in medical bills
• Amount in lost wages
• Present and future earning capacity
Keep in mind that you can also be found partially responsible for your damages. While California’s pure comparative negligence rule allows you to recover compensation even if you are partially liable, this would limit the amount of compensation you could recover. The amount you can recover depends on your percentage of fault. Our San Jose personal injury law firm can review the specifics of your situation to get an idea of what your damages might be and how much you may be able to recover.