Personal Injury Lawyer in San Jose, CA
Suffering an injury due to an accident can be a life-altering experience, leaving victims and their families struggling with physical pain, emotional distress, and financial burdens. In San Jose, individuals face the risk of injury every day due to the negligence of others, such as distracted drivers, unsafe work environments, and defective products. At Scher, Bassett & Hames, we are committed to fighting for the rights of personal injury victims throughout San Jose and California.
Our dedicated team has extensive expertise in handling car accident cases, ensuring that you receive the best possible representation. It is crucial to hire a personal injury lawyer in San Jose to handle various types of injury cases, as their local experience can be invaluable in securing the compensation you deserve. Our dedicated team is here to help you secure the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages resulting from your injury.
Proven Results – Real Victories for Injured Clients
At Scher, Bassett & Hames, our track record speaks for itself. We have successfully secured substantial settlements for our clients in San Jose:
A young man was run over twice by a Redwood City Police officer while unconscious in a parking lot, sustaining fractures to his head and torso. We secured a $1.25 million settlement with the city.
A worker at a veterinarian’s office sustained a back and hip injury on the job. We ensured she received 100% permanent disability, resulting in over $1 million in lifetime benefits.
An older woman returning from work at San Francisco Airport was struck by a Yellow Cab, suffering severe neck and back injuries. We secured $1.5 million to cover her medical expenses and pain and suffering.
A construction worker fell from scaffolding, sustaining a serious head injury that required surgery and partial brain removal. We fought for him and secured 100% permanent disability benefits, amounting to approximately $1.25 million.
A female real estate agent slipped and fell on the street while at work. We settled her personal injury claim with the at-fault contractor for $385,000, in addition to securing her full workers’ compensation benefits.
Our firm has extensive experience handling motor vehicle accidents, ensuring our clients receive the compensation they deserve.
It is crucial to consult with an experienced personal injury attorney to understand the specific details of a personal injury claim and the anticipated timeline for resolution.
Why Choose Scher, Bassett & Hames for Your Personal Injury Case?
We have a long history of achieving maximum compensation for personal injury victims in San Jose and throughout California. Our firm is known for taking on big insurance companies and winning.
As a personal injury law firm, our attorneys bring decades of combined experience in handling personal injury cases, ensuring that your case is in knowledgeable and capable hands. We understand the nuances of California personal injury laws and use this expertise to our clients’ advantage.
We understand that each personal injury case is unique. We take the time to listen to your story and develop a legal strategy tailored to your specific needs. Our attorneys are accessible and responsive, keeping you informed every step of the way.
We work on a contingency fee basis, meaning you only pay if we win your case. This allows you to focus on your recovery without worrying about upfront legal fees. Our commitment is to your success, and we fight relentlessly to secure the best possible outcome.
Hiring experienced San Jose personal injury attorneys is crucial to handling legal matters related to personal injury claims effectively.
We Handle All Types of Personal Injury Cases in San Jose
At Scher, Bassett & Hames, we handle a wide range of personal injury cases, including:
From head-on collisions to rear-end crashes, we have extensive experience helping victims of all types of car accidents. Our attorneys are skilled in negotiating with insurance companies and, when necessary, litigating cases to secure the compensation our clients deserve.
We represent clients injured on the job, ensuring they receive fair workers’ compensation and, where applicable, pursuing additional claims against third parties. Whether your injury was caused by unsafe working conditions, defective equipment, or employer negligence, we are here to help.
Whether on public or private property, slip and fall injuries can be serious. We fight for victims’ rights to compensation by holding property owners accountable for unsafe conditions that lead to accidents.
If you or your child has been injured by a defective product, we can help you hold the manufacturer accountable. Our attorneys have experience with cases involving dangerous toys, faulty electronics, unsafe vehicles, and more. These cases often fall under personal injury lawsuits, which can arise from various types of accidents caused by negligence.
Dog attacks can cause severe injuries, especially to children. We work to secure compensation for medical expenses, emotional trauma, and any long-term effects of the attack. California’s strict liability laws hold dog owners accountable for injuries their pets cause.
Riders are particularly vulnerable in accidents. We have successfully represented clients injured in these types of incidents, ensuring they receive the compensation needed to cover medical bills, lost wages, and more.
Motorcyclists often suffer serious injuries in accidents, including fractures, head trauma, and spinal injuries. Our firm is experienced in handling the unique challenges of motorcycle accident cases, including issues related to bias against riders.
Pedestrians are at significant risk of injury in accidents involving motor vehicles. We fight to protect the rights of injured pedestrians and secure the compensation they need to recover.
Accidents involving large commercial trucks can result in catastrophic injuries. We have the experience needed to handle complex truck accident cases, including those involving multiple liable parties.
Construction sites are inherently dangerous, and accidents can result in severe injuries or death. We represent construction workers and their families, ensuring they receive the compensation they are entitled to under California law.
Our firm also specializes in handling wrongful death cases, offering compassionate legal assistance to families who have lost a loved one due to someone else’s negligence. We guide them through the claims process and help pursue the potential damages they deserve.
Common Causes of Personal Injury in San Jose
Personal injuries can occur under various circumstances, often due to:
Distracted driving, speeding, and driving under the influence are leading causes of car accidents in San Jose. Recognizing when an injury occurs due to someone else’s negligence is crucial, as drivers who fail to obey traffic laws or pay attention to the road put everyone at risk.
Failure to provide safe working conditions can lead to serious workplace injuries. Employers are required by law to maintain a safe environment for their employees, and when they fail to do so, they can be held accountable.
Faulty manufacturing or inadequate safety warnings can result in product-related injuries. Manufacturers, distributors, and retailers may all be liable for injuries caused by defective products.
Poorly maintained properties can lead to slip and fall accidents, causing significant harm. Property owners have a duty to ensure their premises are safe for visitors. When they fail to do so, they can be held liable for resulting injuries.
Negligent pet owners who fail to control their animals can be held liable for dog bites and other attacks. In California, dog owners are strictly liable for injuries their pets cause, regardless of the animal’s history.
Individuals who engage in reckless or dangerous behavior, such as speeding, texting while driving, or operating machinery while impaired, can be held liable for injuries they cause.
Healthcare professionals who fail to provide the standard of care expected in their field can cause serious harm. Medical malpractice cases can involve surgical errors, misdiagnosis, medication errors, and more.
Vulnerable elderly residents in nursing homes can suffer from neglect, physical abuse, or financial exploitation. Holding the facility accountable can help prevent future harm and secure compensation for the victim.
Exposure to toxic substances, such as asbestos, lead, or industrial chemicals, can result in serious health conditions. Victims may be able to pursue compensation from the parties responsible for the contamination.
The Impact of Personal Injury in San Jose
Personal injuries can have profound and lasting effects on victims and their families. The impact of these injuries extends beyond the immediate physical pain, affecting every aspect of the victim’s life.
Victims may suffer from broken bones, head trauma, spinal cord injuries, and more, leading to long-term pain, disability, and the need for ongoing medical care. Severe injuries can require surgeries, rehabilitation, and permanent lifestyle changes.
The psychological impact of an injury can be as debilitating as the physical damage, leading to anxiety, depression, and PTSD. Victims may experience fear of recurrence, social isolation, and difficulty returning to their normal activities.
Medical bills, rehabilitation costs, and lost wages can quickly accumulate, putting a strain on victims and their families. Even with health insurance, the out-of-pocket costs can be overwhelming, especially if the victim is unable to work.
Severe injuries can drastically reduce a person’s ability to enjoy life, participate in activities, and maintain relationships. Chronic pain, physical limitations, and emotional distress can diminish the overall quality of life.
The effects of a personal injury often extend to the victim's family, who may need to provide care, adjust their living arrangements, or cope with financial stress. The emotional toll on family members can be significant, as they watch their loved one struggle with recovery.
Injuries can impact a victim's ability to perform their job, leading to lost income and career setbacks. In some cases, victims may be unable to return to their previous occupation, requiring retraining or a career change.
Navigating the legal system while recovering from an injury can be stressful and overwhelming. Dealing with insurance companies, understanding legal rights, and pursuing a claim require time and effort that the victim may not be able to spare.
Your Legal Rights After a Personal Injury in San Jose
If you’ve been injured due to someone else’s negligence, you have the right to pursue compensation for:
Covering both current and future medical costs related to your injury, including hospitalization, surgeries, medication, physical therapy, and any necessary ongoing care. This also includes the costs of assistive devices, home modifications, and other accommodations required for recovery.
Compensation for income lost due to time off work, as well as for diminished earning capacity if your injury affects your ability to work in the future. This includes both past and future wage loss, as well as any reduction in earning potential.
Financial compensation for the physical pain and emotional distress caused by your injury. This includes not only the immediate pain but also any long-term pain and suffering you may experience as a result of the accident.
Costs associated with repairing or replacing any property damaged in the incident. This can include vehicles, personal belongings, and other items that were damaged in the accident.
Compensation for the impact your injury has had on your relationship with your spouse or family members. This includes the loss of companionship, affection, and support that your loved ones experience as a result of your injury.
In cases where the defendant’s conduct was particularly egregious or reckless, you may be entitled to punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
If successful, you may also be able to recover the costs associated with pursuing your claim, including attorney’s fees, court costs, and other legal expenses.
Consulting with an experienced San Jose personal injury lawyer is essential to ensure your rights are fully protected and you receive the compensation you deserve. At Scher, Bassett & Hames, we are committed to fighting for justice on behalf of our clients.
Don’t Face the Insurance Companies Alone
Insurance companies are often more concerned with protecting their profits than with compensating you fairly. They may try to offer a quick, lowball settlement or deny your claim altogether. That’s where Scher, Bassett & Hames comes in. Our experienced personal injury attorneys know the tactics insurers use, and we’re ready to fight back. We’ll handle all communications and negotiations on your behalf, ensuring your rights are protected and you receive the full compensation you deserve.
Insurance adjusters are trained to minimize payouts, often by using tactics like downplaying the severity of your injuries, blaming you for the accident, or delaying the claims process in hopes that you will settle for less. Our attorneys are familiar with these tactics and know how to counter them effectively.
We understand the stress and frustration that comes with dealing with insurance companies while trying to recover from an injury. By entrusting your case to Scher, Bassett & Hames, you can focus on your recovery while we handle the legal complexities of your claim. We will fight tirelessly to ensure that you receive the compensation you are entitled to, whether through negotiation or, if necessary, litigation.
What To Do After a Personal Injury in San Jose
Taking the right steps after an injury can significantly affect your ability to recover compensation. Here’s what to do:
Even if your injuries seem minor, get evaluated by a healthcare professional to identify any hidden issues. Prompt medical treatment not only protects your health but also creates a record of your injuries that can be crucial in your case.
If possible, take photos of the accident scene, your injuries, and any relevant details that could support your claim. This evidence can be invaluable when proving fault and the extent of your damages. Gather any physical evidence, such as damaged property or personal items, and keep them safe.
Notify the appropriate parties, whether it’s your employer, a property owner, or the police, to ensure there’s an official record. An official report can serve as critical evidence in your case. Be sure to obtain a copy of any reports filed and keep them for your records.
If there were witnesses to the accident, get their names and contact information. Witness testimony can provide important support for your version of events. If possible, ask witnesses to provide a written statement or speak with your attorney.
Before speaking with insurance companies or signing any documents, consult with an attorney who can guide you through the legal process and protect your rights. Insurance adjusters may try to get you to settle quickly for less than you deserve or use your statements against you.
Maintain a record of all expenses related to your injury, including medical bills, prescriptions, travel to medical appointments, and any other costs incurred. Also, keep a journal of your physical and emotional condition to document your pain and suffering.
Adhere to all medical advice and treatment plans. Failing to follow prescribed treatments can harm your health and negatively impact your claim. Insurance companies may argue that you are not as injured as you claim if you do not follow your doctor’s recommendations.
The sooner you consult with a personal injury attorney, the better your chances of securing fair compensation. An experienced lawyer can help you navigate the complexities of your case, negotiate with insurance companies, and represent you in court if necessary.
Understanding California Personal Injuries Laws
Handling personal injury claims in California can be complex. Here are some key points to consider:
California follows a “pure comparative negligence” rule, allowing you to recover compensation even if you are partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.
You generally have two years from the date of the injury to file a personal injury lawsuit in California. Missing this deadline can prevent you from recovering any damages. However, there are exceptions, such as for cases involving government entities, where shorter deadlines may apply. It’s crucial to consult with an attorney as soon as possible to ensure you do not miss any critical filing deadlines.
California requires drivers to carry liability insurance, but many drivers are uninsured or underinsured. If you’re injured by such a driver, you may need to rely on your own uninsured/underinsured motorist coverage. Understanding your insurance policy and the coverage available is essential for protecting your rights.
California is an at-fault state, meaning the driver who is found to be at fault for the accident is responsible for paying for the damages. However, California also has a no-fault system for medical expenses, meaning your own insurance company will cover your medical bills up to a certain limit, regardless of who was at fault.
In certain types of personal injury cases, such as medical malpractice, California law imposes caps on the amount of damages that can be awarded. Understanding these limits is important when evaluating the potential outcome of your case.
In some cases, a third party (other than the directly responsible individual) may be liable for your injuries. For example, if you were injured by a defective product, you may have a claim against the manufacturer. Similarly, if you were injured at work due to the negligence of a subcontractor, you may have a claim against that party in addition to your workers’ compensation claim.
Punitive damages are awarded in cases where the defendant’s conduct was particularly egregious. These damages are intended to punish the wrongdoer and deter similar behavior in the future. However, they are not awarded in every case and require a higher burden of proof.
Having experienced legal representation is critical in navigating the complexities of California personal injury law. An attorney can help you understand your rights, build a strong case, and ensure you receive the compensation you deserve.
How We Can Help You Maximize Your Compensation
At Scher, Bassett & Hames, we leave no stone unturned in our pursuit of justice for our clients. Here’s how we maximize your compensation:
We meticulously gather evidence, interview witnesses, review medical records, and consult with experts to build a strong case. Our team investigates every aspect of your accident, including obtaining police reports, surveillance footage, and any other relevant documentation. We also work with accident reconstruction experts, medical professionals, and financial analysts to ensure we have a complete understanding of your case.
We carefully assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future costs. Our attorneys take into account both economic and non-economic damages, ensuring that your compensation reflects the true impact of your injury. We also consider future costs, such as ongoing medical care, rehabilitation, and the impact on your ability to earn a living.
Our attorneys are seasoned negotiators who know how to deal with insurance companies. We fight for the maximum settlement possible, using our experience and knowledge of the law to advocate for your best interests. We understand that insurance companies often try to settle cases for less than they are worth, and we are prepared to push back against lowball offers.
If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our team has extensive experience litigating personal injury cases in San Jose, and we are not afraid to go to trial if it means securing the compensation you deserve. We are skilled in presenting complex legal and medical issues to a jury, and we have a track record of success in the courtroom.
We understand that personal injuries can be traumatic and life-changing. Our attorneys are not only skilled legal professionals but also compassionate advocates who provide support and guidance throughout the legal process. We are committed to being there for our clients every step of the way, from the initial consultation to the resolution of the case.
Contact Scher, Bassett & Hames Today
If you’ve been injured in San Jose due to someone else’s negligence, don’t wait to seek legal help. The sooner you contact us, the sooner we can start working on your case. We offer free consultations to discuss your situation, explain your legal options, and provide you with the peace of mind you deserve.
Our legal team is dedicated to securing the best possible outcome for each of our clients. We understand the challenges you face after an injury, and we are here to help you navigate the legal system and pursue the compensation you deserve.
Don’t face this difficult time alone. Let Scher, Bassett & Hames be your trusted advocate in your personal injury case. Contact us today to schedule your free consultation and take the first step toward justice and recovery.
Your San Jose Personal Injuries Questions Answered
How long do I have to file a personal injury claim in California?
In California, you generally have two years from the date of the injury to file a personal injury lawsuit. However, there are exceptions, such as cases involving government entities, which have shorter deadlines. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss any critical filing deadlines.
What types of compensation can I recover for a personal injury?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related costs. Depending on the circumstances, you may also be eligible for punitive damages, loss of consortium, and compensation for future medical care or lost earning capacity.
Can I still recover damages if I was partially at fault for the accident?
Yes, under California’s comparative negligence law, you can recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were 20% at fault, your compensation would be reduced by 20%. It’s important to work with an attorney who can help minimize the impact of comparative negligence on your claim.
What should I do if the insurance company offers me a settlement?
Before accepting any settlement offer, it’s crucial to consult with an attorney who can evaluate whether the offer is fair and reflects the true value of your claim. Insurance companies often try to settle quickly for less than what your case is worth. An experienced lawyer can negotiate on your behalf to ensure you receive full compensation for your injuries.
How much does it cost to hire a personal injury lawyer?
Most personal injury lawyers, including Scher, Bassett & Hames, work on a contingency fee basis, meaning you only pay if we win your case. This allows you to pursue your claim without worrying about upfront legal costs. Our fee is typically a percentage of the settlement or verdict, and we will discuss this with you during your free consultation.
What are the benefits of hiring a personal injury lawyer?
Hiring a personal injury lawyer ensures that you have a professional advocate on your side who understands the legal system and can navigate the complexities of your case. A lawyer can handle all aspects of your claim, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. This allows you to focus on your recovery while your attorney works to secure the best possible outcome for your case.
What should I bring to my initial consultation with a personal injury lawyer?
For your initial consultation, it’s helpful to bring any documentation related to your case, such as medical records, accident reports, photographs of the accident scene and your injuries, insurance information, and any correspondence with the insurance company. This information will help your attorney assess the strength of your case and provide you with the best possible advice.