Suffering injury in a car accident can be a traumatic and difficult experience for you and your family. You likely have expensive medical care, concerns about getting back to work, and other losses to manage. Filing a car accident claim in San Jose is a necessary step for recovering compensation from a liable party in these situations.
The car accident attorneys at Valero Law Group fight for their clients’ right to compensation from those responsible for causing them harm. To schedule a free case evaluation, call today.
How To File a Car Accident Claim
The first step in submitting a claim is determining who was at fault for the traffic collision in San Jose and who is liable for the resulting damages. In California, the owner of a motor vehicle is generally liable for the death or injury of others that results from a negligent or wrongful act while operating a vehicle under Vehicle Code § 17150. An owner’s liability can also extend to the wrongful or negligent acts of others who operate the vehicle with their express or implied permission.
Examples of wrongful acts that can establish a vehicle owner’s liability for a San Jose car accident include:
- Speeding
- Driving under the influence
- Tailgating and other forms of aggressive driving
- Distracted driving
- Disobeying traffic lights or road signs
An attorney from Valero Law Group can review police reports, traffic camera footage, and other evidence to file a claim that explains the other party’s fault and liability. Reach out to learn more about how we can help.
Claiming Damages in a Car Accident Case
The second part of filing a claim involves stating the various damages an injured party suffered due to the San Jose crash. In some cases, a claim on a driver’s insurance policy may not be enough to compensate for all the damages from a car accident injury. A personal injury lawyer can file a civil claim in these cases to pursue all economic and non-economic damages a plaintiff suffered. Economic damages refer to the measurable costs resulting from the injury, such as medical expenses, lost earnings, and property damage. However, non-economic damages are the losses that are more difficult to measure. These may include a person’s pain and suffering or other losses to their quality and enjoyment of life.
The amount of compensation recovered in a case will depend on the nature of a person’s injury and how it impacts their life. Car accident cases can be complex, with multiple parties contributing to the cause of injury. California Civil Code § 1714 assigns comparative fault to each party in these cases, including a plaintiff whose negligence contributed to their harm. This can reduce compensation in proportion to their percentage of fault in the case. An experienced Valero Law Group attorney can review the facts of a case and advise clients on how issues of comparative fault may impact their results. With this information, clients can make informed choices about entering into a settlement agreement or proceeding to trial in their case.
Contact Valero Law Group About Filing a San Jose Car Accident Claim
California has a two-year statute of limitations in Civil Procedure Code § 335.1 that applies to filing a car accident claim in San Jose. It is important to meet with a lawyer and file before this deadline to preserve your right to pursue compensation. Clients can easily connect with our team, and we are always available to take your call. The firm can provide transportation or come to you, so you do not have to worry about coming to the office. Schedule a free consultation today.
