How We Help Accident Victims Throughout San Jose, CA
Caputo & Van Der Walde LLP limits our practice to personal injury law which allows us to truly focus on each individual case. Our dedicated, trial-tested attorneys utilize our experience and knowledge to effectively represent you in cases involving a variety of personal injury cases.
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
Why Choose Us?
- We have the top rating for ethics and legal ability: AV Preeminent®
- We have been included in Northern California Super Lawyers® for years
- We operate on a contingency fee basis—no recovery, no fee
- We bring nearly a century of collective legal experience to your case
Call (800) 900-0863 or contact us online to schedule your free case evaluation today. Discover your legal options!
How is a settlement reached in personal injury cases?
A settlement is reached when the defendant agrees to pay the plaintiff a specified amount in order to drop the case. This is usually the case for most personal injury cases – in fact, most injury cases end in a settlement before a suit is even filed.
Because there are several factors that are taken into consideration to determine a settlement amount, it’s difficult to estimate the “average” cost of a settlement. The defendant’s assets, the severity of the injury, and the pain and suffering associated with the incident are considerable factors in calculating a settlement.
What is the statute of limitations for personal injury claims in California?
In California, the statute of limitations for personal injury cases is two years from the date of the injury. It’s imperative that you pursue legal action within that time frame – should you fail to file a suit, it is very likely you will be unable to have your case heard. Although two years seems like sufficient time, it’s recommended that you contact a trusted personal injury attorney as soon as possible after being injured in an accident.
Caputo & Van Der Walde, LLP: Dedicated to Your Well-Being
At Caputo & Van Der Walde LLP, our San Jose personal injury attorneys have more than 85 years of collective legal experience. We utilize our extensive courtroom experience and knowledge of personal injury law to help our clients seek the compensation they deserve. We focus on our clients' needs as we advocate on their behalf either through negotiation or litigation. When you hire Caputo & Van Der Walde LLP, you can rest assured that your case is in good hands.
Schedule your free consultation today and we can explain your rights and options, and determine an effective strategy to take in order to secure favorable results in your case.
Q:What is the average personal injury settlement in California?
A:It is difficult to estimate the average personal injury settlement because every case is unique, and some settlements are kept confidential. What is more important is that you get a full and fair value based on your case’s individual value.
Q:Is my personal injury settlement taxable?
A:No, most damages recovered in a personal injury claim are not taxable because they are not a form of income. However, if you get compensation related to missed or reduced wages, then the IRS could tax it as if you had earned that money at work. For more information about how tax law could impact your recovery, we advise consulting with a tax lawyer or certified public accountant (CPA).
Q:Do preexisting conditions matter in a personal injury case?
A:If you have a preexisting injury or health condition, then it could impact your injury claim in one of a few ways. For example, the defendant will likely try to argue that your injury now is just an exacerbation of your preexisting condition and, therefore, they should not be liable for related damages. On the other hand, a serious preexisting condition can make for an “eggshell plaintiff.” In short, a plaintiff’s preexisting injury or “frailty” is not an accepted defense argument against liability for new injuries or complications after an accident.
Q:Should I go to the doctor after an accident if I feel fine?
A:Yes, you should always see a medical professional after being in an accident that might have hurt you. A doctor can look for underlying injuries and mark in your medical record when and why your injury happened.
Q:Who will pay my medical bills while the claim is pending?
A:While your personal injury claim is pending, you might have to pay outstanding medical costs yourself, which is why starting a claim sooner than later is so crucial. You should use your health insurance to the extent it is available, and you might also be able to get treated by a doctor who accepts a medical lien. This type of lien allows you to get medical treatments at no upfront cost, but the doctor will be repaid through any winnings your case secures.
Q:Should I take an initial settlement offer?
A:Most initial settlement offers are intentionally far smaller than what the claimant really deserves to recover. You should not sign any offer without first running it past a personal injury attorney, who can check to see if it is fair.
Q:Can multiple parties be responsible for my injury?
A:Yes, more than one party can be liable for your injury and damages. We might have to name multiple defendants in your lawsuit and open claims with more than one insurance company that represent those defendants. For example, if you are in a crash that involved several other drivers, then each one of those drivers could ultimately be named a defendant in your lawsuit.
Q:What if I am partially to blame for my injury?
A:California uses a pure comparative negligence rule when dealing with blame in a personal injury claim. You can file a claim against any party that is at least 1% liable for your damages, even if that means you are 99% liable.