San Jose Personal Injury Attorneys
Personal injury is a legal term describing an injury to an individual caused by another’s action or inaction. It is commonly understood to mean bodily injury, but personal injury also encompasses harm to one’s mind and/or emotions. Thousands of Californians suffer a personal injury each year in incidents of varying degrees of seriousness ranging from minor car accidents to fatalities. The unfortunate truth is that serious accidents resulting in injury are occurring at an alarmingly high rate, taking a heavy toll in dollars, health, and lives. Our Northern California personal injury attorneys are experts in the field of personal injury law and can help you recover for your injuries while holding those responsible accountable for their actions. It is in this manner that the rules of society are enforced.
A personal injury can occur in a wide variety of circumstances and situations. Some of the most common are motor vehicle collisions, motorcycle accidents, auto/pedestrian accidents, assault and battery, premises liability (i.e. slip and fall), carbon monoxide exposure, products liability (i.e. malfunctioning seatbelt), and wrongful death among many others. Often, personal injury is the direct result of another person’s negligence. Broadly speaking, negligence is conduct, which falls below the standard of care expected of a reasonable person and which causes harm to someone else. Many motor vehicle accidents involve some sort of negligence on the part of one or more drivers and most personal injury lawsuits will allege negligence. Negligence can result from lack of attention, talking on the cell phone, or speeding for example.
There is no requirement that personal injury result from a criminal action and you can recover for injuries sustained by another person even if that person is not charged with a crime. Often times, however, criminal activity and personal injury go hand in hand. In California, reckless or drunk driving, assault, and sexual battery are all crimes, which can result in personal injury. The perpetrator of the crime may face both a criminal charge (brought by the State) and a civil lawsuit (brought by the victim). Even if the accused is found not guilty of the crime charged, he or she can still be held monetarily liable for the injuries inflicted in a civil case involving the same subject matter as the criminal case. For instance, O.J. Simpson was found not guilty of murder in his 1994 criminal trial, but was later held liable in the civil case stemming from the same incident.
Another common personal injury scenario is one where strict liability applies. Strict liability means that a defendant can be found guilty or liable for certain actions that cause harm regardless of how careful or reasonable the defendant was. In other words, a defendant may be completely free from negligence, but still be held liable for harm. A common application of strict liability is seen in products liability, where a defective product causes harm to a consumer. Even if not negligent, the manufacturer of a defective seatbelt, for example, can be held liable for harm that results from the defect.
If you have sustained a personal injury, a wide variety of claims are available to you and you can be compensated for injuries to your body (pain and suffering), finances (past medical bills, future medical needs and wage loss), and emotional well-being (emotional distress). Often overlooked in personal injury cases is the considerable harm victims suffer apart from physical injury. A pedestrian struck by a careless driver will almost certainly sustain a physical injury but, depending on the severity of the incident, may also be subject to considerable emotional and financial harm as well: fear of cars, substantial medical bills, loss of companionship, and an inability to care for one’s family and home are just some of the damages a victim can be subject to. If an incident results in death, the victim’s family may have a wrongful death or survivor claim which provides damages to family members for direct costs associated with the death - e.g. funeral and medical costs - as well as compensation for loss of care, comfort, and income.
The experienced San Jose personal injury attorneys at Van Der Walde & Associates help victims recover the damages they are legally entitled to. Either through negotiation or trial, the San Jose personal injury attorneys at Van Der Walde & Associates will present your case in its most favorable light by determining all available damages and proving fault against all those responsible for the harm. We have won millions of dollars for clients and are recognized as an industry leader in personal injury litigation because of our specialization, expertise, and commitment to each case we take. We offer free case evaluations and work on a contingency fee so you are not charged unless and until we win your case. If you have been seriously injured or have lost a loved one and need representation, contact us and find out for yourself why so many of those in need of a legal voice choose Van Der Walde & Associates.
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
