Milpitas Car Accident Lawyers
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Our Milpitas Car Accident Lawyers Help Protect Your Rights After An Injury
Car accidents are life-altering events. Whether it’s a minor fender-bender or a serious collision, a car crash can leave you physically injured and financially burdened. At Arash Law, we understand the challenges you’re facing. Our Milpitas car accident lawyers will work to build a strategy tailored to your case and support your claim for fair compensation. Call us at (888) 488-1391 to schedule a free initial consultation.
Located at the eastern end of State Road 237, Milpitas is strategically positioned between Interstates 680 and 880, which traverse the city in a north-south direction. To the south lies San Jose, while Fremont graces the northern horizon. Since its incorporation in 1954, Milpitas has evolved into a major hub for Silicon Valley’s high-tech industry. However, amidst the hustle and innovation, car accidents remain a pressing concern due to the increasing traffic.
Our car accident lawyers can investigate your case and help you identify potential liable parties. We will work to establish negligence and help you seek damages for your injuries, such as medical bills, lost wages, and pain & suffering. From gathering evidence to handling paperwork, we’ll take care of the legal legwork.
A farm worker, suffered multiple broken bones and other orthopedic injuries resulting from an auto accident where the defendant driver attempted to make a left turn in front of our client in heavy fog.– ARASH KHORSANDI
How Can Our Milpitas Car Accident Lawyers Support Your Case?
Car accidents can cause serious injuries and substantial property damage. Medical bills pile up, you miss work, and the pain and suffering linger. Managing the legal aspects of your case can be complicated. Our Milpitas car accident lawyers can assist by:
- Establishing Fault and Liability — Establishing who possibly caused the accident is crucial in personal injury cases. Our lawyers can meticulously investigate your case. We’ll gather evidence such as police reports, witness statements, and accident scene photos to build a well-supported case that may help prove the other party’s negligence.
- Calculating Potential Damages — Car accidents can result in a wide range of damages, including medical expenses, lost wages, property damage, and pain and suffering. Our team can work with medical professionals and financial experts to assess the extent of your losses.
- Negotiating With Insurance Companies — Insurance adjusters often carry out detailed investigations to validate claims and may uncover grounds to challenge or reject them. We can handle all communication with these companies and negotiate on your behalf.
- Filing a Lawsuit — Should a just settlement not be achieved with the insurance provider, our legal team is ready to file a lawsuit on your behalf if it is an appropriate action for your case. Our attorneys can represent car accident victims in Milpitas and are prepared to advocate for your rights in court.
Why Do You Need To Hire Car Accident Attorneys In Milpitas?
Car accidents are stressful; the subsequent steps, often involving dealing with insurance claims, medical bills, and legal procedures, are even more so. Our car accident lawyers in Milpitas can guide you through this challenging time and help protect your rights.
Here’s why you need legal representation:
- Experience in Accident Cases — Car accident cases can involve intricate legal processes, paperwork, and deadlines. Our attorneys understand the nuances of the law and can guide you through the legal maze. From filing the initial claim to presenting your case in court, we can handle the legal aspects for you.
- Attention to Detail — Our lawyers will meticulously review documents, policies, and evidence to uncover any potential advantages or pitfalls. We investigate the different aspects of your case and gather evidence that can support your claim.
- Settlement Negotiation — Resolving a case out of court involves negotiations. Our skilled Milpitas car accident lawyers know how to navigate the discussions with insurance companies and opposing counsel. During negotiations, we will support your claim and help you pursue compensation that reflects your actual losses.
- Collaboration With Specialists — Depending on the specifics of your case, your lawyer may need to consult with medical doctors, accident reconstructionists, and other qualified professionals. They can provide expert opinions or evidence that may help support your claim.
Common Causes Of Car Accidents In Milpitas
Sharing the road comes with inherent risks, and car collisions can happen. Here are some of the factors that contribute to the occurrence of accidents:
- Distracted Driving — Distractions, especially from mobile phones, divert attention from safe driving. Whether it’s texting, adjusting the radio, or checking notifications, split seconds spent on these actions can lead to devastating consequences.
- Speeding — Speeding is one of the common causes of traffic-related deaths and injuries. When drivers exceed speed limits, they compromise their ability to react swiftly to unexpected situations.
- Driving Under the Influence — Alcohol and drugs impair judgment, coordination, and reaction time. Despite the strict regulations when it comes to drinking and operating a vehicle, drunk driving accidents can still happen.
- Drowsy Driving — Like alcohol, fatigue impairs judgment and reaction time.
- Reckless Driving — This encompasses aggressive behaviors like tailgating and weaving in and out of traffic. These actions significantly increase the chance of an accident.
- Disobeying Traffic Laws — Failure to yield, running red lights or stop signs, and making improper turns are common causes of collisions, especially at intersections.
- Adverse Weather Conditions — Rain, snow, fog, and strong winds can drastically affect visibility and road conditions, requiring extra caution and reduced speeds.
- Vehicle Malfunctions — While not as frequent as driver-related causes, mechanical issues like faulty brakes or tire blowouts can also lead to crashes.
- Poor Road Conditions — Potholes and poorly marked lanes contribute to accidents.
If you’ve been injured in an accident due to any of these factors, you may be able to file a legal claim. Our Milpitas car accident lawyers can help you thoroughly investigate various aspects of your case and gather essential evidence to back up your claim.
Common Types Of Injuries After A Car Crash
Aside from the emotional toll, the physical injuries sustained in a car accident can have a significant impact on your life. Here are some of the common types of injuries after a car crash:
- Whiplash — This is a neck injury caused by the sudden snapping motion of the head, often resulting in pain, stiffness, and headaches.
- Soft Tissue Injuries — These include sprains, strains, and bruises to muscles, ligaments, and tendons. While seemingly minor, they can cause significant pain and discomfort.
- Broken Bones — The force of a crash can break bones anywhere in the body, with arms, legs, ribs, and the pelvis being common locations.
- Back and Spinal Cord Injuries — These range from minor strains to severe damage that can lead to paralysis.
- Internal Injuries — These injuries are not easily visible and can affect organs like the lungs, spleen, or liver.
- Head and Brain Injuries — From concussions to more severe traumatic brain injuries (TBIs), head injuries can have lasting consequences. Even minor bumps to the head warrant medical evaluation.
- Amputation — In extreme cases, wrecks can lead to the loss of limbs. Prosthetic options and rehabilitation can help in restoring functionality.
- Burns — Exposure to fire or hot engine parts can cause burns, requiring specialized treatment and potentially leaving lasting scars. Severity varies, from minor first-degree burns to life-threatening fourth-degree burns.
- Facial Injuries — Cuts, fractures, and other damage to the face can affect not only appearance but also vital functions like seeing, eating, and speaking.
Car accidents can also lead to anxiety, depression, and post-traumatic stress disorder (PTSD). Seeking help from a mental health professional is crucial for healing. In worst-case scenarios, car accidents can result in fatalities. In such cases, eligible family members may be able to file a wrongful death claim.
Struggling with medical bills after a traffic accident? Our Milpitas personal injury lawyers can help you seek fair compensation to cover medical bills, lost wages, and other financial struggles related to your injuries.
What Should You Do Following A Car Accident?
If you find yourself injured in a car accident, the following steps may help protect your safety and your rights:
- Check for Injuries and Call for Help — One important step is to ensure everyone involved is safe. Check yourself and others for injuries. Call 911 immediately. Remain at the accident scene. Even if you’re feeling shaken, it’s crucial to stay put.
- Move to a Safe Area — If it’s possible, move your vehicles to the side of the road. Blocking traffic can lead to further accidents. However, if the cars are in a dangerous position or if someone is seriously injured, leave them where they are and wait for law enforcement.
- Seek Medical Attention — Your health comes first. Prompt medical treatment can prevent complications down the road.
- File a Police Report — It’s crucial to file a police report, regardless of the severity of the accident. This document serves as an official record of the event and can be essential for insurance claims and potential legal proceedings.
- Exchange Information — Gather details such as names, contact numbers, license plate numbers, and insurance information. Take photos or videos of the accident scene.
- Consult an Accident Lawyer — Getting in touch with experienced car accident lawyers in Milpitas can be beneficial, especially if the injuries sustained are severe, property damage is extensive, or the fault is unclear. A lawyer can advise you of your rights, guide you through the legal process, and help you handle insurance claims.
Establishing Negligence Of Potentially Liable Parties In A Car Accident
One crucial question often arises after a car accident: who is liable for it? Liability refers to an individual or entity’s legal responsibility or obligation to compensate another party for harm caused.
When determining liability, courts assess whether a party’s negligent actions directly led to the injuries or damages suffered by the affected party. Negligence is the failure to exercise reasonable care, resulting in harm to someone else.
To establish negligence, you need to demonstrate the presence of these four elements:
- Duty of Care — Every driver has a legal responsibility to act with reasonable care towards others on the road. This duty includes following traffic laws, driving at a safe speed, and maintaining control of their vehicle.
- Breach of Duty — A driver who fails to uphold their duty of care has breached it. Examples include speeding, running red lights, driving under the influence, or distracted driving.
- Causation — The breach of duty must be directly linked to the accident itself. This means the driver’s actions must have been a substantial factor in causing the collision.
- Damages — The incident must have resulted in actual losses. How badly were you hurt? What medical expenses did you incur? Were there property damages?
Pinpointing liability in an accident often requires an in-depth investigation. Car accident lawyers in Milpitas can help you gather and analyze evidence, as well as understand the laws applicable to your situation.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
What Damages Can I Pursue In A Car Accident Claim In Milpitas, CA?
Here’s a breakdown of the different categories of damages you may pursue with the help of your car accident lawyer in Milpitas:
Economic Damages
These are tangible losses with clear financial value, often documented through bills and receipts. Examples include:
- Medical Expenses — An important concern after an accident is your health. Medical bills can pile up quickly, especially if you’ve suffered serious injuries. You may be eligible to seek compensation for emergency room visits, hospitalization, surgeries, doctor visits, therapy, rehabilitation, and other necessary treatments.
- Lost Wages — If your injuries prevent you from working, you may be able to pursue compensation for lost wages. Additionally, if the accident affects your future earning capacity, you may seek damages for diminished employment opportunities.
- Property Damage — This may include the repair or replacement cost of your damaged vehicle and any other personal belongings affected by the accident.
Non-Economic Damages
Car accidents often cause intangible losses that impact your quality of life and well-being, but may not have a distinct dollar value. Here are some examples:
- Pain and Suffering — The potential compensation for the discomfort caused by injuries.
- Mental Anguish — This refers to any anxiety, stress, and emotional trauma resulting from the accident.
- Loss of Enjoyment of Life — If the incident impacts your ability to enjoy daily activities, you can seek this type of damage.
- Loss of Consortium — This refers to the impact of the accident on your relationships. If your injuries affect your ability to maintain a normal relationship with your spouse or family members, you may be eligible to pursue compensation.
Punitive Damages
These damages are not meant to punish the at-fault party for their reckless behavior. They are awarded when the defendant’s actions involve gross negligence or malicious intent. However, punitive damages are relatively rare and require strong evidence of wrongdoing.
Frequently Asked Questions
How Much Do Car Accident Lawyers Charge In California?
In California, car accident lawyers usually charge on a contingency fee basis. Under this arrangement, you don’t pay your lawyer upfront or by the hour. Instead, their fee will only be paid if they obtain a settlement or court award on your behalf. However, you may still be responsible for certain case-related costs regardless of the outcome.
The exact amount depends on the complexity of the case and the resources necessary to manage it. However, this can vary, so take the time to discuss the terms during your initial consultation.
How Long Do I Have To File A Claim After A Car Accident In Milpitas?
The statute of limitations is the legal deadline for filing a lawsuit in California. For personal injury claims, the time limit is generally two years from the date of the accident. Nevertheless, there are a few exceptions to this legal time limit. For instance, if the victim was a minor, the statute of limitations will only start once they turn 18. The deadline may also be adjusted if there is a delayed discovery of injuries. Your injury lawyer can explain these legal deadlines to you.
Waiting too long could impact the validity of your claim. Our Milpitas car accident lawyers are ready to discuss the details of your case, clarify your legal rights, and advocate for your rights.
What If I Was Partially At Fault For The Car Accident?
Unlike other states, California follows a “pure comparative negligence” rule. Under this system, fault is shared proportionally among all parties involved in the accident. For example, if you’re found to be 20% at fault and the other driver is 80% at fault, you could still pursue 80% of your losses.
Determining fault percentages is a complicated process. Our experienced Milpitas car accident lawyers can advocate for a fair assessment of liability and help you gather evidence that supports your claim.
How Much Is My Car Accident Case Worth?
While it’s impossible to give an exact answer without knowing the specifics of your situation, several vital elements influence the value of your claim. These elements include medical bills, lost wages, the cost of replacing or repairing damaged property, shared fault, and insurance policy limits.
Car Accident Statistics In California
Here are some key accident statistics for 2021:
- Traffic fatalities increased by 7.6% from 2020 (3,980) to 2021 (4,285).
- Alcohol-impaired driving fatalities rose by 16%, with 1,370 deaths in 2021 compared to 1,180 in 2020. Drug-impaired driving fatalities showed a 5.5% decrease in 2021.
- Speeding-related fatalities saw a concerning 16.5% increase, claiming 1,509 lives in 2021.
- Distracted driving fatalities also rose sharply by 27.3%, resulting in 140 deaths in 2021.
Consult Our Car Accident Attorneys In Milpitas
Car accidents disrupt lives, but they shouldn’t derail your future. We are committed to assisting you in pursuing justice and compensation for your injuries and losses. Our Milpitas car accident attorneys will listen to your story, answer your questions, and develop a personalized legal strategy tailored to your needs.
At Arash Law, we aim to provide legal representation to car accident victims in Milpitas and beyond. We will take care of the legal work, so you can focus on getting better. Contact us at (888) 488-1391 for a free initial case evaluation.
We serve Milpitas and its neighboring areas, including Warm Springs, Renaissance, River Oaks, Rivermark, Agnew, North San Jose, East Foothills, Berryessa, Countrybrook Lagoon, Northwood, Capewood, and Piedmont Hills.
