- Richard Alexander
- Patricia Boyes
- Lori Costanzo
- Bradley M. Corsiglia
- Bruce C. Funk
- Omar I. Habbas
- Albie B. Jachimowicz
- Michael M. Shea, Jr.
- John C. Stein
- Philip M. Tobin
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
San Jose is one of the oldest cities in California, with a population of over 900,000. With so many people in the area, accidents and injuries happen from time to time.
If you find yourself struggling with locating the right personal injury lawyer in San Jose, Forbes Advisor can help. We’ve created a list of the best personal injury lawyers in the city. We’ve also put together some tips on how to find the right attorney for you.
Read more
Show Summary
- Best San Jose, CA Personal Injury Attorneys
- Bruce C. Funk
- Albie B. Jachimowicz
- Michael M. Shea, Jr.
- Compare Our Top San Jose Personal Injury Attorneys
- San Jose, California Personal Injury Laws
- How to Find the Best San Jose Personal Injury Lawyer
- How San Jose Statutes Affect Personal Injury Claims
- What Is Covered by Personal Injury Law in San Jose?
- Do You Pay Taxes on Personal Injury Settlements in San Jose?
- How Long Do You Have to File a Personal Injury Claim in San Jose?
- How Long Does It Take to Settle a Personal Injury Case in San Jose?
- Methodology
- Frequently Asked Questions (FAQs)
Best San Jose, CA Personal Injury Attorneys
Compare Our Top San Jose Personal Injury Attorneys
Other California Personal Injury Lawyers
San Jose, California Personal Injury Laws
Just like every other state, California has its own set of laws concerning personal injury. There’s no substitute for the assistance and guidance of a great personal injury lawyer—like those who made our list—but we can tell you some of the basics, at least.
After all, knowing things like the statute of limitations or how fault is determined can be the difference between recovering for your injuries and not being allowed to even file a case.
Statute of Limitations in San Jose
California has a two-year statute of limitations on most personal injuries.
This means you have to file a personal injury case within two years of the initial injury or you may be barred from recovery entirely.
Personal injury claims against a city, county or state agency in California must be filed within six months. In addition to this shorter time to make your claim, there are several procedural steps that must be followed in order to file a claim against a government agency.
Whether you were injured by the government or someone else, though, these limitations are the maximum time allowed and not a guideline. The more time you allow to pass before contacting an attorney and starting your case, the weaker your case is likely to be.
Determining Fault in San Jose
California follows the same approach to determining fault as many states, a system called pure comparative negligence.
Under this approach, the court will find fault for an injury and assign a percentage of that fault to each party. Each party is then able to recover for their damages, but is also responsible for their percentage of the overall damages.
Imagine a case of a two-car accident:
- Driver A suffers $50,000 in damages and is found to be 20% at fault.
- Driver B suffers $10,000 in damages and is found to be 80% at fault.
The court looks at the total damages, in this case $100,000 and awards it based on need and responsibility for the accident. Under pure comparative negligence, each person is completely responsible for their percent of fault and can recover from other drivers for their individual level of fault.
In this example, Driver A is entitled to $40,000 from Driver B. Driver B is entitled to $2,000 from Driver A.
California Dog Bite Liability
California does not follow the “one bite” rule that most states do. In many states, dogs are treated as if they are not known to bite until they actually do so. Once a dog bites someone, the owner is “on notice” that their dog might bite, and it becomes much easier to hold the owner accountable.
California does not grant dog owners this leeway. Typically, the owner of a dog in California is liable for any harm caused by the dog, regardless of the dog’s past behavior.
California Limits on Personal Injury Recovery
California caps non-economic damages in medical malpractice cases at $350,000. This means that the cost of treatment or lost wages is uncapped, but you can only recover $350,000 for things like pain and suffering.
California also has some caps on recovery in auto accidents regardless of who is at fault in the accident.
- Uninsured drivers can usually not recover non-economic damages from a car accident regardless of who caused the accident.
- If the driver of the other vehicle is under the influence of drugs or alcohol, however, the uninsured driver can recover non-economic damages if they weren’t at fault.
How to Find the Best San Jose Personal Injury Lawyer
When you suffer an injury due to an accident or someone else’s negligence, finding the right lawyer can be crucial to your success. With so many types of lawyers out there, it’s essential to find one with experience in your specific case. Here are some things to consider when looking for a personal injury lawyer.
What Type of Experience Do They Have?
To ensure the best outcome for your case, it’s important to find a lawyer with experience in the type of injury you have suffered. For instance, if you were in a car accident, look for a lawyer specializing in car accidents—and be aware that there are lawyers who specialize in motorcycle and big rig accidents, too.
Similarly, if you were injured at work, a lawyer with experience in workers’ compensation claims and labor laws can be helpful. An experienced lawyer will understand the nuances of your case, navigate legal hurdles and advocate for your rights.
How Expensive Are They?
Most personal injury attorneys work on a contingency basis, which means they receive a percentage of your settlement. Look for someone who charges a fee within the normal range of contingency fees. San Jose personal injury lawyers, for instance, usually charge between 25% and 33%. Keep in mind that a lawyer with a lot of experience may negotiate a higher settlement, making the higher contingency fee worth it.
How Do They Communicate With Clients?
Good communication is vital in any legal matter. Ask your potential lawyer about their communication process, especially if personal injury cases can take a long time. Look for an attorney who has a regular schedule of communication, so you’re always up-to-date with progress. A good lawyer should communicate quickly when there are timely notices that you need to review and address.
A lawyer that communicates in a style that suits you is also important. If phone calls from an attorney cause you undue stress, for example, finding a lawyer who sticks to email outside of emergencies might be a good idea.
What Percentage of Their Business Comes From Attorney Referrals?
Being referred to by other lawyers is a good indication of a personal injury attorney’s skill and reputation. Ask the lawyer what percentage of their business comes from attorney referrals. Good attorneys are willing to give you references to talk to—professional and former clients—that will help you set better expectations about the process and success rate of the lawyer.
Ask About Past Successful Cases
Past success is not necessarily an indicator of future success, but it can give you a good sense of when a San Jose personal injury lawyer is at their best. The successes that a personal injury lawyer in San Jose shares with you will usually either highlight the value of cases they are most comfortable handling or the types of personal injury claims they understand best.
If a San Jose personal injury lawyer can’t list any successes that involve cases with details similar to those in your case, it’s a good idea to look elsewhere. The case will likely take longer because they need to research more information than another lawyer would.
How San Jose Statutes Affect Personal Injury Claims
To understand the law as well as possible, the average San Jose personal injury lawyer spends four years as an undergraduate, three years in law school, and the rest of their life taking continuing education classes. This is because there are hundreds of statutes that dictate California’s personal injury law. These statutes impact issues such as:
- Whether the actions of an alleged defendant are covered by personal injury statutes
- Who has the right to file a personal injury claim
- The jurisdiction where a personal injury claim must be filed
- The time limit for filing a personal injury claim
- Special rules for filing claims against government agencies
- How much money can be awarded in a personal injury claim
These laws are complex enough that the average person will find the legal process nearly impossible to navigate. This is why most litigants will hire a San Jose personal injury lawyer to represent them.
What Is Covered by Personal Injury Law in San Jose?
Personal injury law is an area of law that covers a large swath of dissimilar actions. Most personal injury lawyers will focus on specific areas rather than attempt to handle all aspects of this complex field of law.
A personal injury is defined as an injury caused by the intentional or negligent actions (or failure to act) of another party that has a significant negative financial impact on the injured party. This definition may sound like it covers a constrained set of actions, but it includes situations as varied as:
- Car, truck, motorcycle, bicycle and pedestrian accidents
- Medical malpractice
- Premises liability claims like slip and fall accidents
- Dog bites
- Libel or slander
- Defective product claims
- Dangerous work conditions like those that lead to asbestos exposure
- Assault or domestic violence
- Wrongful death
What all of these areas of law have in common is that someone was injured due to the actions of another and the law allows that individual or their family to obtain compensation for the harm that was caused.
Do You Pay Taxes on Personal Injury Settlements in San Jose?
For the most part, the IRS does not treat personal injury settlements as a form of income and thus does not tax it. Specifically, settlements for medical expenses and other losses are not taxed as long as you have not previously claimed any as a deduction in previous years. Some types of compensation for emotional distress are taxed, but not all damages or lost wages are taxable.
How Long Do You Have to File a Personal Injury Claim in San Jose?
For most personal injury claims, you will have two years from the date of the injury to file a claim. However, the statute of limitations is different for certain types of claims, and there are alternate time limits for actions against the government, regardless of claim type.
The strictest time limit is for slander or libel. You only have one year from the date of the injury to file a claim. Medical malpractice claims also have a short time limit. You either have one year from when you became aware of the injury (or should have become aware) or three years from the date of the injury (whichever time limit is shorter).
Finally, if you are making a claim against a government agency, you must file a special administrative claim within six months of the date of the injury. The government can accept your claim, deny it, or ignore it.
If it accepts your claim, you get paid, and if it denies your claim, you have six months from that denial to file a lawsuit. However, if it ignores the claim for more than 45 days, the normal statute of limitations applies to the case.
How Long Does It Take to Settle a Personal Injury Case in San Jose?
There is no consistent answer for how long it takes a personal injury case to be resolved by settlement or in court. Several factors affect the timeline of a personal injury claim. Some cases will settle in weeks, while others will take years to settle. Some factors that influence this are:
- How seriously the victim was injured
- How long it takes the personal injury lawyer in San Jose to gather evidence
- The circumstances surrounding the injury and whether there is a dispute over who is at fault
- How willing the insurance company is to negotiate
The biggest delay in personal injury claims is usually the severity of the injuries that the victim suffered. The best personal injury lawyers in San Jose will usually avoid settling until their clients have fully recovered from their injuries if possible. This allows them to easily identify and provide evidence for all losses and expenses their client incurred as a result of their injury.
Methodology
To come up with the Best Personal Injury Lawyers in San Jose in 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Do I have to pay taxes on a personal injury settlement in San Jose, California?
Typically, any payment from a lawsuit that relates directly to a physical injury is not taxed in California. This includes lost wages and treatment costs. The pain and suffering or emotional distress payments you may receive are also not taxable in California. If the other party is assessed punitive damages—which would only happen at trial—however, these would be taxable.
Note that the federal taxes may be slightly different. Lost wages, for example, are generally taxable at the federal level, at least to make up the Medi
How long does it take to settle a car accident claim in San Jose, CA?
There is a state law in California requiring insurance carriers to settle claims within 85 days from the initial claim filing. This means that insurance companies are required to reach a settlement within about three months.
If the claim results in a lawsuit, of course, it can take much longer for the final resolution to be reached, whether that’s a settlement or a verdict.
What if my medical bills exceed my settlement in San Jose?
Unfortunately, there is no provision in law for settlements that don’t fully cover medical costs. If, after all insurance and settlement proceeds are applied, you still owe, you will have to make arrangements to pay.
If your medical bills exceed the responsible party’s insurance policy, however, they are still responsible for the costs of the injuries they caused unless you agree to a settlement to accept less.
How much does an average San Jose personal injury lawyer cost?
Contingency fees in California are regulated by the Medical Injury Compensation Reform Act. This act was modified in 2022, adjusting those regulations.
The current limits to contingency fees are based on when a settlement is reached. If a San Jose personal injury lawyer obtains a settlement before they file a lawsuit or make a demand for arbitration, the cap on any contingency fee is 25%.
However, if the claim is resolved after one of those things happens, an attorney may charge a 33% contingency fee.
The law also allows lawyers to petition the courts for a higher contingency fee if the case goes to trial. However, since very few personal injury claims go to trial, most personal injury lawyers in San Jose only charge between 25% and 33%, depending on how quickly the insurance company settles.
What happens if I miss the deadline for filing my San Jose personal injury lawsuit?
Missing the deadline for filing a personal injury lawsuit in San Jose is unfortunate. Typically, courts dismiss any case that isn’t filed by the deadline.
However, it isn’t always clear what the deadline is for a claim. The deadline for a car accident may be simple (likely two years after the date of the accident). However, the deadline for something like slander might be less obvious since there may be a dispute over when it ended if it was ongoing for some time.
When there is a dispute over the deadline for filing a lawsuit, a judge will determine what the deadline is and whether your lawsuit was filed in time. In some cases, you may be too late for some claims but in time for other claims.
Are there extensions for the San Jose personal injury statute of limitations?
California law allows for limited extensions to the statute of limitations. The statute of limitations may be suspended when specific events occur. While the statute of limitations is suspended, any time that passes does not count toward the time limit, moving the deadline appropriately.
Two situations allow the statute of limitations to be suspended. The first situation is when the defendant leaves the state of California. While they are not present in California, the statute does not run. If a defendant is in prison, this counts as not being present in the state. However, individuals who are in county jails still count as being in the state.
The other way the statute can be suspended is if the defendant is mentally incompetent or insane. If they ever recover from that state of mind, the tolling ends. Furthermore, by definition, minors are considered to be mentally incompetent. This means the statute is automatically suspended until a defendant turns 18.
What is the average personal injury settlement in San Jose?
The average personal injury settlement amount is as difficult to determine as the average time to settle, and for mostly the same reasons. The main factor in calculating a personal injury settlement is the extent of the injuries suffered and how much financial impact those injuries had on the victim.
For example, if a litigant had their spine severed in a catastrophic truck accident, they would probably require multiple surgeries and additional medical treatment, costing hundreds of thousands of dollars.
Furthermore, they likely wouldn’t be able to work again, allowing them to receive potentially millions in lost wages. Comparatively, if another person in that same vehicle only broke a leg, they would likely receive only a few thousand dollars of compensation for medical bills and lost wages.
While the circumstances of the accident have the most impact, certain types of claims are more likely to be high value than others. Car accidents, for example, typically only result in four or five-digit settlements, while medical malpractice settlements are often six-digits or more.
Where can I get a copy of police reports for incidents related to my personal injury case in San Jose?
You can obtain a copy of an incident report in San Jose if you are the victim of an incident, a representative of a victim (including a lawyer) or an insurance carrier against which a claim has been made. Requests for reports can be made online, by U.S. mail or in person at 201 West Mission Street, San Jose, CA.
Incident reports are not available for free from the San Jose Police Department. You must pay $16 by check or money order. Furthermore, if you are requesting the information online, you must wait at least 30 days from the date of the incident to make the request.
