Frequently Asked Questions About Car Accidents

Frequently Asked Questions About Car Accidents

Contact Our San Jose Car Accident Lawyers To Discuss Your Accident

At Needham Kepner & Fish LLP, our team of San Jose car accident lawyers has years of experience representing car accident victims in the Bay Area who have sustained severe injuries due to a reckless or negligent driver.

If you have been involved in an auto accident, an experienced car accident attorney can help you get organized, meet deadlines, and build your case for compensation.

Below, we have put together a list of some of the most frequently asked questions we receive about car accidents. If your question is not answered, please call us at (408) 716-1668 to discuss your unique situation

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Frequently Asked Questions

  • Car Accident FAQs

    • How long will the process take?
      The process could take anywhere from several months to several years. If you choose to settle, your case will inevitably end far sooner than if you choose to go to court. However, the choice to settle should not be solely based on this fact.
    • How much can I expect to recover?
      In car accident lawsuits, the amount that is recoverable depends entirely on the circumstances of the case. You should consult an attorney to discuss the specifics of your situation.
    • What is a personal injury lawsuit?
      A personal injury lawsuit is designed to provide compensation to plaintiffs from defendants who were negligent or reckless — thus causing serious injury. These lawsuits ultimately serve as a transfer of wealth that holds defendants responsible without seeking criminal charges.
    • Do I need a San Jose car accident lawyer to handle insurance companies?
      Many insurance companies will attempt to sign a settlement as soon as possible following an accident in hopes that you will sign away your right to seek further compensation. You should consult an attorney before accepting any offers.
    • What types of compensation could I receive?
      If successful in your lawsuit, you could be awarded compensation for medical bills, future medical bills, loss of income, future loss of income, permanent disfigurement, pain and suffering, and numerous other categories.
    • How long do I have to file a car accident lawsuit?
      In the state of California, victims in a car accident are typically allowed two years from the date of the accident to file a lawsuit against a private individual or entity. If you wait beyond this date, you may nullify your ability to seek compensation. The rules are different if your accident involved a public entity, such as a City bus. You should consult an attorney to determine the applicable deadline for your situation.
    • Can a passenger file a lawsuit for a car accident?
      Yes. A passenger has every right to file a lawsuit against a negligent or reckless driver who caused an accident in which he or she was injured.
    • What if I played a role in causing the car accident?
      The state of California operates under a pure comparative negligence standard. Put simply, this means — once fault is determined — any award you receive in a court of law will be reduced by the determined percentage of your own fault. For example, if you are awarded $10,000 and are found to be 40 percent at fault, you will receive $6,000.
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