San Jose Personal Injury Attorneys
Caputo & Van Der Walde LLP – (800) 900-0863
Most days, it is easy to think that life is relatively simple and safe,
especially when one doesn't encounter major mishaps. The reality is
that accidents do happen and that the potential for injury is all around
us at every moment, especially because humans are so prone to error.
If a person fails to exercise a reasonable standard of care and his or
her negligent actions cause injury to another, the victim may bring civil
litigation against him or her to recover damages. However, the victim
will have to prove liability and the extent of his or her injuries in
order to receive adequate compensation. Our
experienced personal injury legal team at Caputo & Van Der Walde LLP has
helped countless clients get what they need for recovery. We can do the same for you.
Call our San Jose injury lawyer today at (800) 900-0863 for a
free, comprehensive case evaluation.
Personal Injury Verdicts and Settlements
- $1,500,000 - Construction site accident involving spinal and shoulder injuries
resulting in loss of ability to do job in a skilled trade
- $1,475,000 - Auto vs. pedestrian accident involving leg crush injury
- $1,002,500 - Single car rollover case where defective seatbelt caused head
injury and loss of kidney
Understanding Your Personal Injury Case
Depending on the circumstances of the personal injury claim, proceedings
may be conducted in one of two ways:
Formal lawsuit: It may go through formal civil court proceedings in which both sides present
evidence to support their respective arguments, and then a judgment is
made based on the evidence on whether the claimant should receive his
or her requested compensation and, if so, the amount of the award. The
burden of proof lies on the claimant.
Informal settlement: Claim disputes usually are resolved in an informal settlement. Negotiations
take place outside of the court between the different parties, their insurance
companies, and their attorneys. Ideally, a settlement amount that is satisfactory
for both parties is agreed upon, a contract calling an end to further
action is signed, and the settlement is given to the claimant.
If neither method appeals to both parties, they can turn to other, more
"middle-ground" options, such as mediation and arbitration.
Common Types of Injuries You Can Suffer
The injury you suffer after an accident will have an impact on your case
and may require specific elements as you file a personal injury claim.
Some types of injuries require a lengthy recovery time and even long term
care, such as:
This is most commonly the case for
catastrophic injuries, those that are life-altering. Due to the level of pain caused by certain
conditions, victims may also be entitled to compensation for pain and
Injuries Sustained As the Victim of a Crime
California is among the states that recognize punitive damages; in other
words, if the liable person's crime resulted in injury for the claimant,
the claimant can file a civil lawsuit even if a criminal charge has been
brought by the state against the perpetrator. Additionally, the accused
may still be held liable for damages in the civil suit even if he or she
is cleared of all criminal charges.
Holding the Opposing Party Liable
In most personal injury cases, the claimant must be able to provide strong
supporting evidence in order to hold the defendant liable in court. However,
there are cases in which the defendant's liability is automatically
established regardless of the circumstances, no matter how reasonable
he or she may have been. This is called strict liability. It is commonly
invoked in product liability cases, for example. Even if a manufacturer
did not exercise any obvious negligence, he or she may still be held liable
for a claimant's injuries if they were caused by a product's defects.
Getting You Back on the Road to Recovery
The aftermath of an accident can be very tough. You may be trying to focus
on your physical and mental healing, but you're finding that financial
and legal issues are preventing you from doing so.
Get in touch with Caputo & Van Der Walde LLP today, and our compassionate and experienced
San Jose personal injury lawyers will take care of your case so you can focus on getting your life back
Click here for more verdicts and settlements.