Car accidents can lead to catastrophic, life-threatening injuries and even death. If you have been injured in a car accident in San Jose, California, you need to know your legal options. San Jose car accident lawyers can help you get the legal help you need and hold negligent drivers accountable for their illegal actions.

There are close to one million drivers in San Jose and everyday many of those drivers are involved in some type of car accident including: motorcycle, pedestrian, car and drunk driving accidents. If you have been injured in a car accident you may have suffered a car accident injury which can have severe long-term consequences for your health and quality of life. If your car accident injuries were caused by the negligence of another driver you can file a car accident injury law suit to fight for the compensation you deserve including:

• Paid medical care for you car accident injuries. Medical care can include: hospital stays, surgery, medications and rehabilitation.
• Property replacement
• Compensation for your pain and suffering
• Lost wage benefits

If the defendant’s actions are found to be willful and malicious, you may be awarded punitive damages. To find out more about filing a claim in a car accident, contact a car accident lawyer for help.

Do I have a car accident claim?

San Jose drivers who have been injured in a car accident only have a personal injury claim if they can prove the following:

• The defendant owed them a duty to act safely and reasonably.
• The defendant breached their duty of care toward them by their negligent actions. Negligence is defined as “failing to conform to an acceptable standard of conduct”.
• The defendant’s negligent actions caused injury to them injury.

If the plaintiff proves all of the above, the judge or jury can assess damages for the car accident law suit which may provide lost wage compensation, paid medical expenses, paid property damages and pain and suffering compensation to the plaintiff.

Steps after a car accident in San Jose

Anyone involved or injured in a car accident should do the following:

1. Stay at the scene of a car accident.  Fleeing the scene can lead to a charge of hit and run.
2. Ensure all the other drivers are safe, and if anyone has been injured in the car accident call 911.
3. Do not admit fault for any of the common car accident injuries and only make statements to the police.
4. Gather information from all of the drivers involved or injured in the car accident.
5. Seek medical attention even if you do not think you are injured.
6. Contact your insurance company.
7. Prior to settling your car accident insurance claim a car accident lawyer should be contacted.

What does a San Jose car accident attorney do?

Car accident attorneys can help drivers who have been injured in a car accident negotiate with their insurance company, and if their car accident injuries were caused by the negligence of another driver, they can help them file a car accident law suit. It is important to contact a car accident injury lawyer as soon as possible if you are considering filing a car accident claim. Under most circumstances, in the state of California, injured drivers will have two years from the date of their car accident injuries to file their personal injury claim.

Most states have a traditional tort liability system which assigns fault for a car accident and the at-fault driver’s insurance company compensates the innocent party for damages. Massachusetts, however, is a no-fault state. In Massachusetts drivers receive reimbursements from their own insurance company regardless of who is to blame for the car accident.

If you are injured in Boston, your insurance company automatically pays damages (up to a specified limit) and in exchange, in most cases, you forfeit your right to file a car accident injury law suit or personal injury claim against the other driver. The goal of no-fault insurance is to lower the number of car accident injury lawsuits filed, but critics argue it does not hold drivers accountable for their negligent actions.

Compensation for my car accident injuries

If you are injured in a car accident the insurance company that insured your car pays medical bills up to $2,000. This coverage is part of the compulsory insurance package required for all vehicles in Massachusetts. If your medical costs exceed $2,000, your private health insurance should pay. If you do not have private health insurance a state program may pay up to $8,000 under the personal injury protection section of the policy.

Lost wage compensation may also be provided if you can not return to work due to your car accident injuries. Under personal insurance coverage you may be able to get 75% of the lost wage compensation that you could have earned if you had not been injured. Payment for lost wages may be contingent on whether or not the $8,000 was used for your medical care. Additional coverage may be available if you have purchased additional insurance coverage. A Boston car accident lawyer should be contacted if you have questions regarding your insurance coverage in Boston.

Can I file a car accident claim in Boston?

Massachusetts is considered a modified no-fault state which means your insurance company pays for damages up to a specific limit, but if your economic damages are higher than a specific tort limit, you may be able to file a car accident injury lawsuit to recover non-economic damages such as pain and suffering.

To file a car accident claim in Boston the driver injured in a car accident must have suffered certain types of car accident injuries or their medical care must have exceeded a certain pre-established amount. A Boston driver who is injured in a car accident may file a car accident injury lawsuit for non-economic compensation such as pain and suffering if the following criteria are met:

* The car accident injury has caused “serious and permanent disfigurement”

* The injured driver has died

* A bone is fractured or a limb is lost

* The car accident victim has lost their ability to taste, hear, smell or see

* The car accident injuries are equal to or more than $2,000

Steps after a car accident in Boston

If you are injured in a car accident you should do the following:

1. Move the cars off the roadway if possible.

2. Check on the other drivers and call 911 if someone is injured in the car accident.

3. Contact the police and file a car accident report.

4. Do not make any statements about guilt for the car accident or any common car accident injuries.

5. Call your insurance agent.

6. Take pictures of the car accident if possible.

7. Gather contact information from the witnesses.

8. Contact a Boston car accident lawyer before accepting any personal injury car accident settlement.

Do I need a Boston car accident lawyer?

A Boston car accident attorney can do a variety of things to make sure you receive the compensation you need for you car accident injuries. A Boston car accident lawyer can:

· Help you get the best medical care for your common car accident injuries

· Obtain evidence from medical experts and witnesses

· Negotiate with the insurance company

· Evaluate your medical records and your car accident injuries

· Investigate your car accident claim

· Review your long-term lost wages, medical needs and finances