Santa Clara Personal Injury Lawyers
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Personal Injury Lawyers In Santa Clara Providing Injured Victims With Legal Representation
Santa Clara is a growing city where businesses are expanding. With its convenient location near major transportation routes, the city offers easy access to all the Bay Area has to offer. However, even in the finest places, accidents can happen. Fortunately, Arash Law’s Santa Clara personal injury lawyers will help you identify the potentially liable parties who may have caused your injury and seek damages from them. Call (888) 488-1391 to learn more about your case.
Accidents can be a major setback for you and those you care about. Our Santa Clara personal injury attorneys have helped victims demand compensation for their injury or a loved one’s wrongful death. We have consistently strived to pursue accountability from negligent individuals and businesses. Reach out to us for a free initial case review!
Our client was driving with his wife and son on a two-lane highway when a drunk driver crossed the double yellow lines, causing a head-on collision that claimed the life of a loving wife and mother.
– ARASH KHORSANDI
Our Santa Clara Personal Injury Lawyers Are Prepared To Handle Your Case
Hiring Arash Law’s personal injury lawyers in Santa Clara is one way to get the legal help and representation you need after an injury. Our attorneys will be by your side throughout your case, advocating for your rights and seeking potential compensation for your losses. The following are reasons why hiring our lawyers can be beneficial:
- We meticulously analyze the accident scene, gather evidence, and reconstruct the events leading to the accident to determine its cause and contributing factors.
- We conduct thorough interviews with witnesses to obtain firsthand accounts of the accident and collect valuable information for our investigation.
- We prepare and submit all necessary paperwork to insurance companies so that your claim receives prompt attention.
- We adhere to all legal deadlines and requirements, helping protect your rights and avoid potential complications.
- We leverage our network to connect you with qualified professionals who can provide expert testimony to support your case.
- We represent you in negotiations with insurance companies, seeking fair and just compensation for your losses.
- If necessary, we provide experienced legal representation in court, advocating for your rights and interests throughout the trial process.
Additionally, our Santa Clara personal injury attorneys don’t require upfront fees, as they take on cases on a contingency fee basis. They only take a percentage of your final settlement or verdict as payment, allowing clients to access legal representation regardless of their financial means. While attorney fees depend on the outcome, clients may still be responsible for certain case-related costs.
Accident Cases Our Santa Clara Personal Injury Lawyers Handle
Accidents occur more frequently than they should, often due to negligent behaviors. With this, personal injury law exists, holding people accountable for their actions. Our Santa Clara personal injury lawyers handle a wide range of cases where someone is injured due to another’s negligence in various situations. Some of the common examples of personal injury cases we handle are:
Car Accidents
We represent victims of car crashes caused by negligence, including drunk driving, distracted driving, speeding, and reckless driving.
Motorcycle Accidents
Motorcycle riders are particularly vulnerable in collisions due to their limited protection. We will work to seek fair compensation for their injuries.
Truck Accidents
Large trucks pose a high risk due to their size and weight. We can help you seek accountability from negligent truck drivers and companies.
Pedestrian Accidents
When pedestrians are hit by vehicles, the injuries can be severe. We can represent these injured individuals in their pursuit of fair compensation after the crash.
Dog Bites
Dog owners have a responsibility to control their pets. We can work with the dog attack victims and help them receive medical care and pursue compensation.
Slip-And-Fall
Property owners must maintain their premises in a safe condition. In case of injury, we can represent victims of slip-and-fall accidents caused by dangerous conditions.
Product Liability
Defective products can cause serious injuries. We can hold manufacturers and distributors potentially liable for their negligence.
Workplace Accidents
Workers have the right to a safe work environment. Our personal injury lawyers can represent injured workers and advocate for them in seeking workers’ compensation benefits.
Premises Liability
Property owners must protect visitors from harm. We can represent victims injured on someone else’s property due to negligence.
Wrongful Death
When someone dies due to the negligence of another, their family may be entitled to wrongful death compensation. We help grieving families navigate the legal process and seek justice.
After suffering an injury in an accident, seeking legal counsel can be advantageous. Santa Clara personal injury attorneys at Arash Law can guide you through your options, assist with filing lawsuits, negotiate settlements, and represent you in court. As most states have deadlines for filing personal injury claims, consider seeking legal advice early.
Common Injuries Sustained In Personal Injury Cases
Accidents happen, and with them come injuries that can affect you physically, emotionally, and even financially. Here are some of the most common injuries and their potential effects:
- Head Injuries — Life-altering and demanding immediate attention, head injuries and traumatic brain injuries (TBIs) can lead to memory loss, impaired brain function, and even death. Diagnosis, treatment, and recovery can be costly and lengthy, potentially altering your ability to work and your overall life.
- Scrapes and Cuts — Don’t underestimate these seemingly minor wounds. Deep cuts might damage nerves, leaving scars or impacting movement. Even a tiny scrape can become infected, causing further complications.
- Spinal Cord Injuries — Any type of personal injury accident can damage the spinal column, which can affect mobility and may lead to paralysis.
- Whiplash — This neck strain or tear, often caused by sudden body movements, can be painful and may limit your mobility. While it usually heals, chronic neck pain could linger.
- Internal Bleeding — A potentially fatal consequence of accidents, internal bleeding often goes unnoticed. Seeking immediate medical attention is crucial, as rapid treatment and possibly surgery are needed. Recovery can be long and depends on the extent of the damage.
- Emotional and Mental Injuries — Accidents often leave unseen scars on a person’s mental and emotional well-being. PTSD, anxiety, and grief are common issues that can severely impact daily life. Therapy can help, but it can be expensive.
- Broken Bones — Falls, accidents, and assaults can all lead to bone fractures. Depending on the bone’s location and severity, the healing process might involve long periods of pain, multiple X-rays, medication, and possibly surgery. Rehabilitation may be necessary for full recovery.
- Knee Pain — From hitting an object or twisting awkwardly, knee injuries can damage ligaments or the kneecap. While some may heal with a brace and immobilization, others require surgery and rehabilitation. The inability to walk can significantly impact your daily life and work activities.
- Herniated Discs — This back injury occurs when a spinal disc ruptures, causing discomfort and nerve pain. While some cases resolve on their own, others require surgery. This painful condition can significantly impact your daily activities, including walking, sitting, and driving.
The specific impact of any injury depends on its severity, unique circumstances, and the victim’s access to necessary resources. Recognizing the potential consequences and seeking proper medical attention is crucial for optimal recovery and minimizing the injury’s long-term impact on your life.
Steps To Take After An Accident In Santa Clara, CA
Even though you may feel shocked and in disbelief after an accident, it’s important to stay calm and make informed decisions. The things you do and say after the crash can greatly impact the situation’s outcome. Here’s what we recommend you do:
- Seek Immediate Medical Attention — Even if you believe you are not injured or that your injuries are minor, seek medical attention immediately. This could involve calling 911 for an ambulance, going to the nearest emergency room, or scheduling an appointment with your primary care physician. Early diagnosis and treatment are crucial for preventing further complications.
- Contact the Authorities — Reporting the accident to the police is crucial, even if it appears minor. This will create an official record of the accident, which will be essential for insurance claims and legal proceedings.
- Gather Evidence — Take photos and videos of the accident scene, including the damage to your vehicle, any injuries you sustained, and the surrounding area. These pieces of evidence can be helpful in determining fault and pursuing compensation.
- Do Not Admit Fault — Avoid making statements that could be interpreted as an admission of fault, even if you believe you may be partially responsible. Stick to the facts of the accident and avoid speculation.
- Contact Your Insurance Company — As soon as possible, notify your insurance company about the accident. They will guide you through the claims process and help you understand your coverage.
- Keep Detailed Records — Maintain a record of all accident-related expenses, including medical bills, car repair costs, and lost wages, as this will be crucial when seeking compensation for your damages.
- Consider Legal Representation — Depending on the severity of the accident and the complexity of your case, consulting with Arash Law’s personal injury lawyers in Santa Clara can be beneficial. Our attorneys will advise you of your legal rights and options, represent you in court, and help you negotiate a fair settlement.
- Focus on Your Recovery — Prioritize your physical and emotional well-being. Follow your doctor’s instructions, attend necessary medical appointments, and seek support from friends and family during the recovery process.
What Is The Deadline For Filing A Personal Injury Case In California?
The California Code of Civil Procedure Section 335.1 sets a two-year deadline, called the statute of limitations, for filing personal injury claims or lawsuits. This means you have two years from the date of your injury to take legal action, or you may lose your right to compensation.
While exceptions exist, they require specific circumstances. For instance, the clock doesn’t begin until an injured person’s 18th birthday if they’re a minor. Conversely, claims against government agencies have a shortened six-month window.
Unsure how this applies to your case? A Santa Clara personal injury lawyer from our firm can help. Our attorneys can clarify the statute of limitations and its impact on your claim. Contact us to discuss your legal options.
Types Of Personal Injury Compensation In Santa Clara, CA
Compensatory damages are the payments awarded to a victim for financial losses and other costs directly resulting from an injury. They can be categorized as either economic or non-economic.
Economic damages cover quantifiable losses like medical bills, lost income, and property damage. In contrast, non-economic damages compensate for intangible losses like pain and suffering, emotional distress, loss of companionship, and diminished quality of life. These damages include the following:
- Medical Bills — Compensation may help cover medical expenses resulting from the injury, including hospital stays, surgeries, medication, and rehabilitation.
- Lost Income — May include compensation for wages and income lost due to the injury, including missed workdays, reduced earning capacity, and future earning potential losses.
- Property Damage — Compensation may cover the costs of repairing or replacing damaged property caused by the wrongful act.
- Other Out-of-Pocket Expenses — May include reimbursement for other quantifiable, injury-related expenses, such as transportation costs, assistive devices, and home modifications.
- Pain and Suffering — Compensation may cover physical and emotional pain endured due to the injury, including discomfort, anguish, and mental distress.
- Emotional Distress — May address the emotional impact of the injury, such as anxiety, depression, post-traumatic stress disorder, and loss of enjoyment of life.
- Loss of Consortium — May compensate for the loss of companionship, love, and intimacy resulting from the injury.
- Loss of Society — Recompense may cover the loss of social relationships, activities, and interactions due to the injury.
- Diminished Quality of Life — Compensation may address the overall decrease in the victim’s quality of life due to the injury’s resulting limitations.
What Are Punitive Damages?
Punitive damages, also known as exemplary damages, go beyond compensating the injured party for their actual losses. Instead, they serve a dual purpose:
- Punishment — Punitive damages are a form of punishment for defendants whose actions were particularly harmful.
- Deterrence — They send the defendant and others a message that such conduct will not be tolerated and will be met with severe consequences.
When Are Punitive Damages Awarded?
Punitive damages are not awarded in every personal injury case. In most states, they are only available when the defendant’s conduct meets certain criteria, such as:
- Intentional Harm — The defendant acted with the deliberate intent to cause damage to the plaintiff.
- Recklessness — The defendant acted with reckless disregard for the safety of others.
- Malice — The defendant acted with malice or ill will towards the plaintiff.
- Fraud — The defendant engaged in fraudulent conduct that led to the plaintiff’s injuries.
- Oppression — The defendant acted in an oppressive or outrageous manner.
Punitive damages are extremely rare and are subject to certain limitations. Whether or not to pursue punitive damages in a personal injury case is a challenging decision that should be made in consultation with a qualified Santa Clara personal injury lawyer.
2019: $27M confidential settlement in a case involving multiple plaintiffs.
– BRIAN BEECHER
Determining Liability In A Personal Injury Case
Establishing liability is a key step in any personal injury claim. Personal injury lawyers in Santa Clara can evaluate the facts to help clarify how fault may be assigned.
Liability is generally based on negligence, which means failing to act with reasonable care and causing harm to another person. To prove liability, you must demonstrate the following:
- Duty of Care — You must establish that the defendant owed you a duty of care. This means they had a legal obligation to act in a way that wouldn’t harm you. For example, drivers owe a duty of care to other drivers and pedestrians to obey traffic laws.
- Breach of Duty — You must prove that the defendant breached their duty of care. This could involve showing that they acted negligently, recklessly, or intentionally caused you harm.
- Causation — You must demonstrate that the defendant’s breach of duty directly caused your injuries. This means that your injuries wouldn’t have happened if not for the defendant’s actions.
- Damages — You must prove that you suffered actual damages as a result of your injuries. This could include medical expenses, lost wages, pain and suffering, and other harm.
California applies the principle of pure comparative negligence, which assigns liability based on each party’s percentage of fault in an accident. This means that even if you are partially responsible for your injury, you may still be able to recover some damages. However, your compensation will be reduced by your percentage of fault. For instance, if you were found 20% at fault for an accident and awarded $100,000 in damages, you would only receive $80,000.
Proving liability in a personal injury case can be complex, and the specific requirements may vary depending on your jurisdiction. It’s important to consult with an experienced personal injury lawyer in Santa Clara who can advise you on the appropriate course of action for your specific case.
How Long Does It Take To Receive A Settlement?
The timeline for resolving a personal injury case can vary based on the severity of the injuries, the complexity of the claim, and how willing both parties are to negotiate. Some defendants (and perhaps, even you) might prefer to settle quickly. Accepting an early offer may expedite the process, but it could also result in lower compensation than what might be available under the law.
Reach Out To Our Santa Clara Personal Injury Lawyers For A Free Initial Consultation
Many victims hesitate to seek compensation at first, only to discover their injuries were more severe and costly than they thought. Our personal injury lawyers in Santa Clara are committed to advocating for fair and just compensation for accident victims.
If you want to speak with our attorneys, you can contact us 24/7. We aim to support injured victims and their families in Santa Clara and nearby communities, including Milpitas, Sunnyvale, Los Altos, Cupertino, Campbell, Saratoga, Palo Alto, Fruitdale, Burbank, Lick, San Jose, Alum Rock, East Foothills, River Oaks, Berryessa, Willow Glen, Evergreen, Brigadoon, and Spartan Keyes.
We work on a contingency fee basis; you do not need to pay us anything unless we win your case and obtain monetary compensation. Other relevant fees, such as filing and litigation costs, may still need to be paid regardless of your case’s outcome. Call us at (888) 488-1391 for a free initial case review.