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Caputo & Van Der Walde llp

Local Personal Injury and Accident Attorneys
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San Jose Personal Injury Lawyer | Personal Injury Attorneys in San Jose

Personal Injury Lawyers Dedicated to Your Full Recovery

With over 65 years of combined experience fighting for the rights of injury victims, our legal team has earned recognition among California’s Top 100 Attorneys. We’re dedicated to helping clients recover physically, emotionally, and financially while providing them with the consistent care and attention they deserve. Contact us for a free consultation with a San Jose personal injury lawyer today.

Committed Advocates for Personal Injury Victims

A serious accident resulting in personal injury, whether caused by a car crash, a fall, a workplace injury, or another act of negligence, can turn your life upside down in a moment. You may be left facing physical pain, emotional trauma, mounting medical bills, and uncertainty about your future. During these challenging times, you need more than just legal advice; you need a team of experienced legal professionals dedicated to standing up for your rights.

At Caputo & Van Der Walde, our personal injury attorneys are committed to helping injury victims and their families throughout San Jose and the surrounding communities. Our firm focuses exclusively on personal injury and wrongful death matters and will dedicate all necessary resources to building the strongest case on your behalf.

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Multi-Million Dollar Advocates Forum

With over $100M+ in settlements, our firm has a proven history of success and dedication to achieving significant outcomes for our clients.
Awards and Recognitions
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The Caputo & Van Der Walde team

Act Now to Protect Your Rights

In California, personal injury claims are governed by strict deadlines. Typically, you have two years from the date of the accident to file a lawsuit, and in wrongful death cases, two years from the date of death. However, certain factors, such as the age of the injured person or the involvement of a public entity, can change these timelines, sometimes significantly.

Time is critical. The sooner you contact a personal injury lawyer, the more effectively they can gather crucial evidence, speak with witnesses, and build the strongest case on your behalf. Waiting too long can result in lost evidence, fading memories, and reduced chances of success. Reaching out early can make all the difference in protecting your rights and securing the compensation you need.

Why Choose Caputo & Van Der Walde for Your Injury Case?

Local Commitment. Proven Results.

Our firm is proud to call California home. With offices in San Jose and Campbell, we’re always close by and ready to help when you need us most. Our firm is led by accomplished litigators with decades of experience, and built on a foundation of integrity, legal excellence, and an unwavering commitment to client care. With over 65 years of combined experience, our attorneys are recognized both locally and nationally for their achievements in and out of the courtroom.

No Recovery? No Fee.

At Caputo & Van Der Walde, we believe that financial concerns should never stand in the way of justice. That’s why we work on a contingency fee basis, which means you don’t pay us unless we win your case. There are no upfront costs, no hourly fees, and no surprises. Our payment comes as a percentage of your recovery, so if there’s no recovery, there’s no fee, period. This approach allows you to pursue your case with confidence, knowing our interests are fully aligned with yours.

What Sets Our San Jose Injury Lawyers Apart?

A Deliberate Focus on Catastrophic Injury Cases

Unlike general practice law firms, we focus exclusively on personal injury and wrongful death cases. These cases demand significant time, attention, and resources, which is why we concentrate on this specialty. Our clients aren’t just case numbers, they are individuals whose lives have been profoundly affected by negligence. Whether you’ve suffered a brain injury, spinal cord damage, or lost a loved one to a preventable tragedy, we will fight relentlessly to achieve justice on your behalf.

Personalized Legal Support Every Step of the Way

When you choose Caputo & Van Der Walde for your personal injury case, you get more than representation you get a direct connection to your attorney. We don’t leave you wondering about the progress of your claim. You’ll receive regular updates, honest answers, and an advocate who truly listens. Our injury lawyers’ personalized, hands-on approach ensures you feel supported from day one through resolution.

Trial-Tested Lawyers with a Track Record of Results

At Caputo & Van Der Walde, we are more than negotiators—we are experienced trial attorneys who are fully prepared to take your case to court when justice demands it. While many law firms prefer quick settlements, we understand that some cases require litigation to secure full and fair compensation.

Insurance companies know who we are. They know we don't back down, and they recognize that we approach every personal injury claim with the assumption it could go before a jury. This strategic mindset strengthens our bargaining position and often results in significantly higher settlement offers for our clients. When insurers know they're up against seasoned litigators, they take your claim much more seriously.

Our team has recovered millions of dollars in verdicts and settlements for individuals and families impacted by catastrophic injuries and life-changing events. These results aren’t by chance—they are the product of meticulous preparation, expert analysis, and unwavering dedication to our clients.

Recognized Leaders in California Injury Law

Our San Jose personal injury attorneys have been recognized by Super Lawyers and The National Trial Lawyers Top 100 and hold AV Preeminent ratings. In addition to representing clients, we have contributed to the legal profession through teaching, speaking, and upholding the rule of law through appeals when necessary. When you hire us, you’re choosing a team that commands respect in and out of the courtroom.
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Types of Serious Injury & Accident Cases We Handle

At Caputo & Van Der Walde, our San Jose personal injury lawyers exclusively represent clients who have suffered severe, life-altering injuries or lost loved ones due to negligence. We are committed to fighting for people facing some of the most challenging moments of their lives. When someone’s carelessness causes devastating harm, our San Jose lawyers step in with the experience, resources, and resolve needed to secure justice and compensation.

Our personal injury attorneys handle a broad range of catastrophic injury and wrongful death cases throughout San Jose and the greater Bay Area, including:

Catastrophic Injuries

Traumatic Brain Injuries (TBI)

Brain injuries can affect every aspect of life—from cognitive function to emotional regulation. Our personal injury lawyers work closely with brain injury specialists to demonstrate the true extent of your losses and fight for the compensation needed to support recovery or lifetime care.

Spinal Cord Injuries and Paralysis

Spinal trauma often leads to paralysis, chronic pain, and profound life changes. We build comprehensive claims backed by medical, vocational, and rehabilitative experts to address long-term medical and personal needs.

Severe Orthopedic Injuries

Complex fractures, shattered bones, and orthopedic trauma may require multiple surgeries and extensive rehabilitation. We ensure these life-altering injuries are fully recognized in your case value.

Internal Injuries and Burn Trauma

Internal organ damage and severe burns often require emergency intervention, long-term hospitalization, and reconstruction. We act quickly to secure expert evaluations to support your claim and fight for compensation to cover medical treatment, scarring, and psychological harm.

Wrongful Death

When negligence leads to the death of a loved one, no amount of financial recovery can replace what’s been lost. However, a wrongful death lawsuit can offer surviving family members financial stability and accountability.

Accidents & Negligence Claims

Motor Vehicle Accidents

We represent victims of serious car, truck, motorcycle, and rideshare crashes. These often involve complex liability issues, which we address with the help of accident reconstructionists and medical experts.

Pedestrian & Bicycle Accidents

Cyclists and pedestrians are particularly vulnerable on California roads. We fight for clients struck by negligent drivers, often suffering broken bones, TBIs, or permanent disability.

Slip & Fall / Premises Liability

Falls caused by unsafe property conditions—such as broken stairs, slippery floors, or poor lighting—can result in serious injury. We hold negligent property owners accountable under California law.

Defective Products

Whether involving a faulty vehicle, appliance, medical device, or tool, we take on product manufacturers and corporations in high-stakes liability claims, working to prove design flaws, failure to warn, or manufacturing defects.

Workplace & Construction Injuries

Falls from heights, equipment malfunctions, and unsafe job sites can result in catastrophic injuries. We pursue claims against third parties responsible for hazardous conditions or equipment failures.

Every Case, No Matter the Type, Receives Our Full Attention

Regardless of the nature of your injury, we approach every personal injury case with the same core principles: thorough investigation, aggressive advocacy, and personalized support. Our firm accepts a limited number of cases to ensure that every client receives our full attention, dedication, and legal knowledge.

If you or a loved one has suffered a life-altering injury caused by negligence, don’t settle for a firm that treats your case like a number. Let us provide the focused, experienced representation you deserve.

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Our Approach to Personal Injury Cases

Complex personal injury claims require more than legal knowledge—they demand strategic preparation and deep resources. We collaborate with:

  • Medical professionals and life care planners
  • Accident reconstruction experts
  • Financial and vocational specialists
  • Engineers and product safety analysts

We conduct thorough investigations, gather compelling evidence, and develop a case strategy tailored to maximize your recovery.

Key Elements for Establishing Fault in a Personal Injury Case

In order to successfully pursue compensation, a lawyer must determine whether all four elements of liability are present. If one or more of the elements are in question, an insurance company will not honor the claim. Here are the four elements of liability:
  • The Defendant Had a Duty of Care to the Plaintiff: There are many different types of duties of care. Drivers have a duty of care for other drivers, pedestrians, etc. A San Jose property owner has a duty of care for the safety of visitors, tenants, and employees. An employer has the responsibility to prevent workplace accidents, and this duty can’t be delegated by hiring some company to maintain the facility.
  • The Defendant Breached Their Duty of Care: The next element that personal injury attorneys will look for is a breach of duty. For example, in motor vehicle accidents, negligent drivers often breach their duty of care when they violate the vehicle code, such as by speeding or failing to keep a proper lookout for other traffic on the roadway.
  • The Breach of Duty Caused an Accident: This is referred to as causation. In other words, an accident occurs because of the defendant’s breach of duty. Under California’s comparative negligence law, the defendant’s conduct only has to be a substantial factor in causing the injuries complained of in order for an injured party to recover proportional compensation. The amount of compensation that they can collect is decreased by the percentage of their own negligence.
  • The Accident Caused Damages: If you have personal injuries due to someone else’s negligence, then you have been damaged under California law. The law requires that a person be a substantial factor in causing injuries to another in order to be held responsible for their damages. During your initial consultation, a San Jose personal injury attorney from Caputo and Van Der Walde will examine your claim. If all four elements exist, we can represent you in your pursuit of damages.

What to Do After a Serious Accident

If you've been injured in an accident due to someone else’s carelessness in San Jose, taking the proper steps can protect your health and your legal rights:

  1. Seek Immediate Medical Attention. Your health is the top priority. Even if symptoms are delayed, prompt care ensures injuries are documented and treated early.
  2. Preserve Evidence. Take photos, collect contact information from witnesses, and retain copies of any reports or medical records. This documentation can be key to your claim.
  3. Avoid Dealing Directly with Insurance Companies. Insurers often aim to minimize payouts. Don’t give recorded statements or accept settlements without legal advice.
  4. Consult an Experienced Personal Injury Lawyer. The sooner you involve legal counsel, the better. We’ll protect your rights, handle all communications with insurance companies, and build a strong case on your behalf.
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What Compensation Can You Recover in a Personal Injury Claim?

The state of California allows plaintiffs to seek compensation for injuries caused by someone else’s negligence. Depending on your injuries and the circumstances of the accident, you may be entitled to recover:

Economic Damages

These represent the financial costs associated with an accident. Economic damages include the cost of past and future medical treatments, lost wages, property damage, etc. In a wrongful death claim, economic damages will also include funeral expenses and the future lost income of the decedent.

Non-economic Damages

While economic damages reimburse plaintiffs for their financial losses, non-economic damages address the intangible costs of an accident, such as physical pain, emotional distress, inconvenience, loss of life quality, etc. Personal injury lawyers also refer to non-economic damages as “pain and suffering.” In wrongful death cases, general damages consist of your loss of love, comfort, companionship, and support from your loved one.

Punitive Damages

While economic and non-economic damages are compensatory in nature, the court may award punitive damages in personal injury lawsuits to penalize the parties responsible for reckless or intentional behavior. For example, if an investigation discovers that a negligent driver was drunk at the time of an accident, the court may award punitive damages for this reckless conduct in addition to compensatory damages.

Our San Jose personal injury lawyers will review all aspects of your claim. Once we’ve reviewed all of the important evidence and have established that your injuries were caused by someone else’s carelessness, we will be able to help determine full and fair compensation for your losses. Contact us for a free consultation with an injury attorney who fully understands your plight.

Serving the Entire San Jose Region with Compassion

We are proud to serve clients across San Jose and the South Bay, including Willow Glen, Almaden Valley, Evergreen, Cambrian Park, North San Jose, and surrounding cities like Santa Clara, Sunnyvale, Milpitas, and Mountain View. We work with individuals from all backgrounds and offer support in multiple languages when needed.
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Personal Injury FAQs

The following are the questions that accident victims ask when they sit down with our legal team. For specific information about your case, you can contact our law firm to talk to one of our San Jose personal injury lawyers without paying legal fees. 

While we often file lawsuits on behalf of our personal injury clients, the majority of cases do not result in trial but rather are resolved during the litigation and the many opportunities for settlement presented during this process. However, if, during negotiations, or litigation, our San Jose personal injury attorneys are unable to reach a fair settlement with the insurance company, we always prepare for trial as it is the best way to get a fair settlement. 

San Jose area personal injury law firms like ours represent clients on a contingency basis. That means that instead of charging a retainer and working against that amount, we waive our fees until the end of the case. When you receive a settlement or court award, we receive a portion of those proceeds. In most cases, the proceeds of the case are substantial enough to cover the contingency fees. If our accident attorneys don’t win, we do not receive payment. 

California typically allows two years from the date of the accident to file a lawsuit. In wrongful death cases, the statute of limitations expires two years from the date of death. These Statutes of limitation are also affected by the claimant’s age and whether one of the defendants is a public entity. In these cases, the time may be longer or shorter than the typical two-year statutory period.

No. Unlike other states, California does not cap damages in personal injury cases other than medical malpractice actions. After collecting evidence and assessing your case, your San Jose attorney will prepare a demand for settlement based upon your economic and non-economic damages based upon our experience and which have previously paid on insurance claims for similar injuries.

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Contact a San Jose Personal Injury Attorney Today

If you or someone you love has suffered a serious injury due to someone else’s negligence in San Jose, don’t wait to seek legal help. The sooner you act after your accident, the stronger your personal injury case may be.

At Caputo & Van Der Walde, our trusted personal injury lawyers offer:

  • Free case evaluations
  • No fees unless we win
  • 24/7 availability
  • Direct access to a qualified injury attorney

Let a San Jose personal injury lawyer at Caputo & Van Der Walde take the legal burden off your shoulders while you focus on healing. Call now or complete our secure contact form to schedule your complimentary consultation.

" Paul and his entire team are professional in every way. They were able to settle this case to our satisfaction without the extra expense of going to court. "
Earl S.
Paul Van Der Walde and Paul Caputo personal injury lawyers
Paul Caputo and Paul Van Der Walde

As members of the Multi-Million Dollar Advocates Forum® and the Million Dollar Advocates Forum®, we have proven our ability to negotiate and litigate on behalf of our clients successfully. Retain us to put our tactical strategies to work for you. These skills are what make our legal team such a formidable opponent in any courtroom or negotiation setting.

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$ 900000

Wrongful Death

$ 8825000

Motor Vehicle Accident

$ 841000

Personal Injury

$ 750000

Motor Vehicle Accident

$ 7411492

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$ 7291986

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