You Won’t See Us On Billboards, Only In The Courtroom Serious Help for Serious Injuries

At Caputo & Van Der Walde LLP, we fight for what matters most – your best interests. Our San Jose personal injury attorneys are prepared to take your fight as far as it needs to go.

Personal Injury Lawyers in San Jose

Serving the Greater San Jose Area for over 30 years

Caputo & Van Der Walde LLP is an established and well-respected personal injury law firm serving San Jose, Campbell, and all surrounding areas in Santa Clara County.

With over 85 years of collective legal experience, our dedicated San Jose personal injury attorneys fight to protect the rights of individuals who have been seriously injured by the negligent acts of others in car accidents and truck accidents, and more.

Our top-rated firm is consistently recognized for excellence by our clients and the legal industry. Partners have been awarded the prestigious California Trial Lawyer of the Year honor by the Consumer Attorneys of California, called the Santa Clara County Trial Lawyer of the Year, recognized in the top 100 attorneys in California by the American Society of Legal Advocates, selected for the Multi-Million Dollar Advocates Forum®, and are AV Preeminent® rated by Martindale-Hubbell® for the highest ethical standards and “a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence."

Don't wait to get help. Call the experienced legal team at Caputo & Van Der Walde LLP for your free case review today: (800) 900-0863.

What Sets Us Apart?

  • A Supportive Team on Your Side
  • Included in Multi-Million Dollar Advocates Forum
  • Perfect 10/10 Superb Rating on Avvo
  • You Do Not Pay Unless We Win Your Case
  • All Initial Case Reviews Are Free of Charge
  • Legal Services Available in Spanish
  • Tens of Millions of Dollars Recovered for Our Clients
  • Over 85 Years of Combined Legal Experience
WHAT OUR FIRM HAS TO OFFER

When you hire us, you get all of us. Every attorney, every staff member, and all of our resources. We will stand with you during this incredibly difficult time and help you get through this.

A Track Record of Success

Millions Recovered for Our Clients

  • Attorney Paul Van Der Walde recovered a total of $40,030,000 in compensation for a couple bereft of their 18-year-old son in a tandem skydiving accident.

  • School bus vs. pedestrian accident resulting in traumatic brain injury.

  • Caputo & Van Der Walde received a jury verdict in the amount of $7,411,492 for a surviving widow, who lost her husband when his pickup truck was involved in a collision with an on-track maintenance of way vehicle.

  • Paul Caputo received a $7,291,985.58 decision for Plaintiff in a case where a client received severe 3rd-degree burns during a pedicure, resulting in the need for numerous skin grafting procedures.

  • Product liability case involving a defective seat design that resulted in paraplegia.

  • Pedestrian crossing a four-lane street in the crosswalk, hit by a full-size pick-up truck. Injuries included a left knee dislocation with complete tears of all ligaments and requiring surgery, right scaphoid fracture requiring surgery, right shoulder AC joint separation with clavicle fracture and PTSD.

  • Bicycle rider attempted to maneuver to his left, around a recessed manhole in the bike lane, and was struck by a vehicle that was driving too closely to the bike lane. Significant injuries included traumatic brain injury, skull fracture, and permanent brain damage.

  • Big rig vs. auto accident resulting in wrongful death.

  • Child protective services failed to adequately protect young child from physically abusive foster parents.

  • Injury onboard a SCTVA bus resulting in Complex Regional Pain Syndrome (CRPS).

Trustworthy Advocacy for Injury Victims

We Base Our Representation On Facts

Through our dedication and experience, we have obtained tens of millions of dollars in verdicts and settlements for our clients. We have proven our ability to negotiate and litigate for our clients and can use our tactical skills to fight for a favorable outcome on your behalf.

Our strategy at Caputo & Van Der Walde LLP is to state the truth and achieve the results our clients deserve based on the specifics of their cases.

You are likely at a crossroads in your life, and the representation you choose today will determine whether the result is positive or negative. We know what it takes to fight for you in and out of the courtroom and are willing to go the full distance.

Our dedicated personal injury attorneys in San Jose represent individuals and families, like you, who have been affected by a tragic accident caused by some form of negligence.

As an established personal injury firm, we have the resources and resolve to build and win difficult cases and fight back against insurance companies seeking to force unfair settlements on unrepresented plaintiffs.

Our Attorney’s Role in Your Case

When you hire our San Jose personal injury attorneys, you are not hiring just a lawyer who can file your claim. No, we can do so much more than that for you as our client. We take pride in being able to navigate virtually any case and manage all steps for the people we represent. When you are our client, we see you as a friend in need, so we go above and beyond to fulfill every role required to make your case the best it can be.

The roles of our lawyers can include the following and more:

  • Deal with insurance companies and respond to inquiries.
  • Calculate your damages, including past and future losses.
  • Determine negligence and liability.
  • Create your lawsuit and file it.
  • Negotiate for a settlement that fairly reflects your damages.
  • Litigate in court if necessary.

If you have been seriously injured or lost a loved one and need representation, contact our San Jose personal injury lawyers and find out for yourself why so many people in need of legal services choose Caputo & Van Der Walde LLP.

Get Started Today

No Fees Unless We Win
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Awards & Associations

  • Multi-Million Dollar Advocates Forum
    Multi-Million Dollar Advocates Forum

    The Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum are among the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Less than 1% of lawyers in the United States are members.

  • Super Lawyers<br>(2005 - 2021)
    Super Lawyers
    (2005 - 2021)

    Super Lawyers is a rating service of outstanding lawyers from over 70 fields of law, all of whom must demonstrate a high level of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations.

  • Martindale-Hubbell AV Preeminent®
    Martindale-Hubbell AV Preeminent®

    This is the highest peer rating standard that Martindale-Hubbell® awards. This designation is awarded to attorneys who are rated at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards.

  • Better Business Bureau A+ Rated
    Better Business Bureau A+ Rated

    The Better Business Bureau (BBB) awards ratings based on their degree of confidence that a business operates in a trustworthy manner and will make a good faith effort to resolve any client complaints.

  • Avvo 10.0 "Superb" Rating
    Avvo 10.0 "Superb" Rating

    The Avvo Superb rating is the highest evaluation given by the attorney rating agency, which has ratings, reviews, and disciplinary records for lawyers in every state.

  • American Board of Trial Advocates
    American Board of Trial Advocates

    Membership in the American Board of Trial Advocates (ABOTA) is by invitation only. To qualify, a trial lawyer must demonstrate high personal character and honorable reputation, as well as meet other strict requirements. An applicant must also be a member of the Bar of the State in which he or she practices.

  • Million Dollar Advocates Forum
    Million Dollar Advocates Forum

    The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million-dollar verdicts and settlements. Less than 1% of lawyers in the United States are members.

  • Consumer Attorneys of California
    Consumer Attorneys of California

    Consumer Attorneys of California is an organization of over 3,000 attorneys who represent individuals who have been injured, cheated or otherwise harmed through no fault of their own.

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  • Bicycle Accidents
    Bicycle Accidents
    If you were injured due to the negligence or misconduct of another party while riding your bicycle, you have the right to file a lawsuit to recover compensation for your property damage and injuries - both physical and emotional.

  • Brain Injuries
    Brain Injuries
    Taking legal action after you or a loved one has suffered a brain injury due to another individual's negligence may seem like an unnecessary ordeal, but with the right attorney, pursuing compensation can make a huge difference in the recovery process.

  • Burn Injuries
    Burn Injuries
    With the long recovery times, lingering impairments, and diminished quality of life, victims of burn injuries deserve to receive the full amount of compensation available. In most cases, burn injuries are the result of another person's negligence.

  • Car Accidents
    Car Accidents
    Auto accidents have the high potential to result in serious injuries that can be costly and life-changing for both the injured and their families. In order to pursue compensation for your damages, you should seek legal counsel from our car accident attorneys.

  • Catastrophic Injuries
    Catastrophic Injuries
    Catastrophic injuries are those that are considered life-altering in such a way that quality of life is gravely compromised and way of life is never again the same. After suffering an injury of this kind, get the representation you need from our attorneys.

  • Motorcycle Accidents
    Motorcycle Accidents
    A motorcycle accident can happen in the blink of an eye, but the consequences can last a lifetime. As the victim of a motorcycle accident caused by another party, you may have the right to pursue financial compensation for all resulting damages.

  • Truck Accidents
    Truck Accidents
    Truck accidents are very different from car accidents in many ways. First of all, major trucking companies often work with high-powered lawyers and insurance companies. Having a lawyer on your side is critical to protecting your rights.

  • Wrongful Death
    Wrongful Death
    At Caputo & Van Der Walde LLP, we understand the impact an accidental death can have on your family. Let our compassionate and caring team guide you through the process and fight for the remuneration your family deserves.

Highly Rated & Reviewed

  • Got Us a Very Good Settlement

    “Our lawyer and his entire staff were extremely approachable and effective in getting a very good settlement from my own insurance company's under-insured motorist coverage. Our lawyer guided my husband and me through the process.”

    - Chris G.
  • Excellent Help in Times of Need

    “Paul has a great understanding of people's rights and drives to obtain all that is due to you. He listens and answers questions that anyone could understand without legalize. I contacted him through the recommendation of a friend.”

    - Gary G.
  • Paul and His Team Would Do Whatever It Took to Help Us

    “We are so grateful we found Paul Van Der Walde! From the very beginning, it was clear Paul and his team would do whatever it took to help us. We're thrilled with the case result, but more importantly, we're thankful they believed in us.”

    - Catherine W.
Client Testimonial: Truck Accident

How the Claims Process Works

The personal injury claims process in California begins when you decide it does. After suffering an injury due to someone else’s negligence and seeing a doctor, you will have the choice to follow through by taking legal action against that party. Many people are not certain that they want to bother with a personal injury case – until medical bills and other losses start adding up. At that point, it will probably become clear that you deserve justice and compensation, so the claims process should begin sooner than later.

The personal injury claims process will usually include these steps:

  1. Hire an attorney: If you want to take the stress out of a personal injury claim, the fastest way to do it is by hiring a lawyer to act on your behalf. They can move your case forward and deal with all other involved parties, including the opposition.
  2. Open a claim with the insurance company: The vast majority of injury claims are not filed against the individual who caused an injury or loss. Instead, they are filed against the insurance company representing them, so the process typically involves opening a claim with that insurance company.
  3. Demand compensation: After you are done with medical treatment or have reached your expected maximum medical improvement, your attorney will send a demand of compensation or a “demand letter” to the party that caused your injury. This letter offers them a chance to provide compensation upfront without the need of getting the court system involved.
  4. File a lawsuit and start litigation: If the defendant does not accept the compensation demand, then the next step is to make your lawsuit official and file it in the correct court. Litigation is the overall court process that involves several steps, including filing the lawsuit, conducting discovery, completing motion work, attending hearings, and so forth, up to and including trial.
  5. Discovery: Both sides of the case will go through the discovery process to determine what evidence can help their argument, including requesting information from the other side.
  6. Trial: The trial is the last step of litigation. It involves judges, juries, attorneys, witnesses, and so on. The court will decide the outcome of the case at the end, including how much compensation is owed to the plaintiff.

Importantly, negotiations for a settlement agreement can take place at all points throughout this process, from the start and up until a jury comes back with a verdict. It is not unusual for a lawsuit to be filed and litigation to begin, only for the defendant to then enter settlement negotiations that benefit the plaintiff.

Damages Available to the Claimant

Every personal injury claim that seeks financial compensation will have value. The value or worth is the final total of all damages owed to the claimant.

Damages usually come in one of two forms:

  • Economic: Damage or loss that can be tracked or recorded with receipts, bills, pay stubs, and so on is economic damage, also called special damages. The most common examples of economic damage in a personal injury claim are medical bills and lost wages.
  • Non-economic: Damage that cannot be easily recorded with tangible receipts but is based on more abstract losses is non-economic damage, also called general damages. The physical pain, emotional trauma, and mental suffering you have endured could be your case’s most prominent forms of non-economic damage, for example.

There is a third type of damage that is rarely available in personal injury claims: punitive damage. When the defendant in a personal injury claim has acted egregiously negligent and acted with willful intent, the court might permit punitive damages to further punish them. Punitive damages are not based on any specific loss, so the amount can vary noticeably from case to case. As mentioned, punitive damages are rare, but we can let you know if they are applicable to your case.

Frequently Asked questions

  • What is a personal injury attorney and what can one do for you?

    A personal injury lawyer helps people who have been injured in automobile accidents, defective product injuries, slip and fall accidents, animal attacks, or any other type of injury situation. You may have heard the term “personal injury attorney” thrown about in conversation, especially after being injured in an accident, but not many people take the time to explain how going to a lawyer works. Personal injury law is also about helping people receive monetary compensation for injuries they suffered due to the negligence of another person. However, people can be injured in many ways. Under California personal injury law, the only time that anyone is entitled to compensation for an injury is when somebody else's negligence or intentional acts caused that injury. Your injury lawyer will investigate all necessary factors of your case, the four most important of which are negligence, causation, damages, and money.

  • What should I look for in a personal injury lawyer?

    It is extremely important that you hire a personal injury lawyer with experience and a lengthy track record of verdicts, settlements, and judgments. Personal injury law is complex, and you want a lawyer who knows the nuances and can advocate for your needs under the law. You also want to work with a lawyer who is comfortable going to trial rather than one who settles every case, because sometimes there is no coming to an agreement with a stingy insurance company. Ask an attorney how far they go to fight for clients in your free consultation.

  • Can I settle my personal injury case now and still receive money later?

    In almost every California personal injury case, the answer to this question is no. Settlements in personal injury cases are almost always a one-time deal, in part because insurance companies have an obligation to their insured. The at-fault individual does not want to have to pay more for the same accident in the future, so it’s in the insurer’s best interest to make a full payment now. As an injured person, you can expect the insurance company will make certain that you sign a "release" before they give you any type of compensation. This means signing away any legal right to receive more money in the future. Therefore, you must make sure that any settlement includes money for anticipated future medical care, as well as loss of future wages. Also, you should never sign any document that comes with your settlement before consulting with a lawyer. We do not want you to end up with bills to pay and nowhere to turn.

  • How much does it cost to hire a personal injury lawyer?

    At Caputo & Van Der Walde LLP, our personal injury lawyers work on a contingency fee basis to ensure people have access to our services in the event of a serious accident or injury. Unlike other professionals, we never ask for payment upfront and out of pocket.If our lawyers do not prevail, you will pay us no fee. However, when we win cases, our lawyers are compensated pursuant to a pre-arranged percentage of your settlement or verdict, which is typically 33% to 40% and depends on when and how the case resolves. You will always know our fee rates before you start working with us.

  • What is a contingency fee?

    A contingency fee is a financial situation that allows you to retain the best personal injury lawyer you can find without spending money out of your own pocket. It means our fee is contingent upon our success with your case. When you work with a lawyer using a typical fee agreement (NOT a contingency fee) you have to pay for every hour that the attorney works, as well as the hours of work completed by their staff members, no matter how the case turns out. By contrast, the money that our injury lawyers have earned is the result of hard work and successful conclusions to our clients' cases. A contingency fee also ensures the personal injury attorney cares about getting the best settlement for their client because they are paid accordingly to the amount they recover.

  • How much is my personal injury case worth?

    Your personal injury case’s value will be unique because it is based on your unique losses. It will be the total of your non-economic and economic damages like medical bills, lost wages, pain and suffering, etc.

  • Will my case go to court?

    The vast majority of cases with legit merit and built by a professional attorney can be settled before litigation is necessary. It all depends on the unique circumstances of each case, though. If your case does go to court, you shouldn’t see it automatically as a bad thing, either. Sometimes, courtroom litigation is a necessary step to secure justice and a fair amount of compensation.

  • What do I bring to an initial consultation with my lawyer?

    During an initial consultation, you should bring a copy of important medical records, useful evidence of liability like photographs, and anything else you think is pertinent to your claim. The more we can work with, the better, so don’t hesitate to bring something to our attention.