San Jose Injury and Accident Lawyers

Why San Jose Trusts DK Law When It Matters Most

In the heart of Silicon Valley, DK Law is San Jose’s trusted personal injury law firm dedicated to fighting for you. Our team is committed to fighting for your rights as an injured victim. Here is what we can do for you: 

• Free case review and no upfront fees
• Handling all communication with the insurance company (so you don’t have to)
• All the way promise and comprehensive legal help 
• Fight for full and fair compensation for your out-of-pocket losses 

Where Accidents Happen Most in San Jose

As California’s third-largest city and the major cultural and economic hub of the Bay Area, San Jose is expanding every day. With a constant influx of visitors and residents commuting to nearby towns and cities, San Jose has also seen a rise in motor vehicle accidents.

According to crash data provided by the city, from 2019 to 2023, there were nearly 25,000 accidents in San Jose, CA. Of those accidents, 281 people were killed, and over 1,000 suffered severe injuries.

Dangerous Roads and Intersections

According to the CDC, more than 32,000 people are killed and approximately 2 million people are injured in motor vehicle crashes annually. 

Speeding, failing to follow traffic signs, and roadway maintenance are all contributing factors to car accidents. The following roads and intersections in San Jose are the most hazardous.

Hiring a Lawyer Saves You Time and Money

In the unfortunate event that you or someone you know suffered injuries, you may wonder, “Do I need to hire a lawyer?” or simply, “Do I have a case?” If your San Jose accident was caused by someone else’s negligence, the answer is typically yes. 

Under California law, accident victims can pursue damages in a personal injury lawsuit. Filing a lawsuit on your own can be daunting, especially if you haven’t fully recovered. This is why it is highly recommended to seek legal representation. 

Many personal injury law firms entice clients with big settlement claims, but fail to dedicate the time and effort to each individual case. At DK Law, our San Jose personal injury team combs through each document and detail, and we have a large network of insurance company specialists and medical advisors who can assist you with your claim. Our priority is always getting personal injury clients the most out of a settlement.

How Long Do I Have to File a Claim?

In accordance with California’s statute of limitations, victims have two years from the date of their accident to file a personal injury lawsuit in Santa Clara County. 

If you fail to act within this time, you could lose your right to seek compensation. This is why it’s crucial for our legal team to get started on your case as soon as possible.

Injured in San Jose? Here’s What to Do Next

Your health and safety come first. In the moments following an accident, taking the right steps can protect your well-being and strengthen your legal claim.

Call 911

Always call emergency services to report the accident. This ensures that police can document the scene and that medical professionals can assess any injuries. A police report also serves as crucial evidence for your personal injury claim.

Exchange Information

Get the name, contact information, driver’s license number, insurance details, and license plate number of everyone involved. If there are any witnesses, collect their contact info as well. This information will be essential during the claims process.

Gather Evidence

Take photos or videos of the accident scene, any property damage, visible injuries, road conditions, and anything else that might be relevant. If applicable, note down the time, date, location, and any relevant weather or traffic conditions.

Don’t Admit Fault

Even a polite apology can be misinterpreted as an admission of guilt. Stick to the facts when speaking to others at the scene, and avoid speculating about what happened.

Seek Medical Attention

Even if you feel fine, get checked out by a medical professional. Some injuries may not show symptoms right away. Prompt medical care creates an official record of your condition and helps link your injuries to the accident.

Call an Attorney

Before speaking to an insurance adjuster, contact an experienced San Jose personal injury attorney. A lawyer can protect your rights, handle communication with insurers, and help you pursue the maximum compensation for your injuries.

Negligence Is the Basis for Most Personal Injury Cases

The person filing the lawsuit must show that the other party (the defendant) was at fault for the accident and is responsible for damages. Determining fault is not always a straightforward process.

To claim negligence in a San Jose personal injury case, you must prove these four elements:

1. Duty of care: The at-fault party owed you a duty of care. For example, drivers have a responsibility to adhere to the speed limit and follow traffic laws.
2. Breach of duty of care: The negligent party violated their duty of care, either by speeding, driving recklessly, running a red light, etc.
3. Causation: The actions of the negligent party directly caused injuries.
4. Damages: The victim incurred economic and non-economic damages due to the injuries, such as medical bills, emotional trauma, and loss of earnings.

If both parties cannot come to an agreement on who is at fault, it may be necessary to take the case to court.

Comparative Negligence Laws in California

Under California’s comparative fault law, the plaintiff is still able to recover damages even if he or she is partially at fault. 

Also known as “pure comparative negligence,” this law allows a plaintiff to recover damages based on the percentage of fault. For example, if the plaintiff is 25% responsible for the accident, he or she would be able to recover 75% in damages.

What Compensation Am I Entitled To?

If you’re considering filing a personal injury claim, one of the first questions on your mind is likely, “What is my case worth?”

While we understand the desire for a clear number, the truth is that every case is unique. Until we review the specific details of your situation, it’s impossible to provide an exact settlement estimate. In San Jose, personal injury compensation is influenced by several key factors, including:

• Current and future medical bills: Medical expenses – both current and future – that are a result of your accident are typically covered in a claim.
• Lost wages: Many accident victims miss weeks, if not months, of work due to their injuries and recovery. Your claim can compensate you for your lost wages when you stopped working.
• Pain and suffering: An often overlooked but just as important part of your claim is what is known as “pain and suffering.” This includes physical and emotional damage caused by the accident, such as the loss of enjoyment of life.
• Permanent physical injuries: Serious accidents can cause permanent physical damage, both physically and mentally. A claim can include expenses to cover the cost of physical therapy or ongoing treatment.
• Property damage: Your vehicle or other personal property will likely sustain damage in an accident. A claim can include the cost of repair or replacement. 
• Wrongful death: In the tragic event that you lost a loved one in an accident, you have the right to file a wrongful death claim on behalf of the deceased.

Don’t Face the Insurance Company Alone

After an accident, you may find yourself dealing with insurance adjusters whose primary goal is to protect their company’s bottom line, not your best interests. At DK Law, we know the tactics insurers use and how to fight back to secure the compensation you deserve.

Common Insurance Tactics to Reduce Payouts

Insurance companies often use strategies designed to minimize your claim, such as:

• Downplaying the severity of your injuries
• Pressuring you into giving recorded statements
• Delaying the claims process
• Shifting blame onto you
• Using your medical history to argue your injuries were pre-existing

Our San Jose legal team has extensive experience negotiating with the largest and most powerful insurance companies. We gather solid evidence, work with expert witnesses when needed, and build compelling cases to pressure insurers. If a fair settlement isn’t offered, we’re fully prepared to take your case to trial.

From Whiplash to Broken Bones: What Accident Victims Face

Personal injury accidents can happen in many forms—whether from motor vehicle crashes, slips and falls, workplace incidents, or defective products. 

The impact of these accidents can vary greatly, causing anything from minor discomfort to life-altering injuries. 

Beyond the physical harm, many victims also experience lasting emotional and psychological trauma. Some of the most common injuries in personal injury cases include:

• Amputations
• Back injuries
• Broken bones
• Disfigurement
• Internal bleeding
• Neck injuries
• Paralysis
• Punctured organs
• Soft tissue injuries
• Traumatic brain injuries (TBI)
• Whiplash

Even if an injury seems minor at first, it’s crucial to seek medical attention as soon as possible. A medical professional can properly diagnose your condition, and timely treatment helps document the extent of your injuries. 

These medical records are essential not only for your recovery but also as critical evidence in proving both the economic and non-economic damages in your personal injury claim.

The DK Law Difference

At DK Law, we know San Jose through and through. Our experience with accident hotspots, court procedures, and insurance company tactics in the South Bay helps us build strong, targeted legal strategies that work for you—not the powerful insurance companies. 

With us, you get more than legal representation—you get trusted advocates who know how San Jose works.