Recovering from an accident that was caused by another person’s negligence can cause extreme physical and financial burdens. If you or a loved one were hurt in an accident resulting from someone’s intentional, reckless, or negligent misconduct, you should consider getting help from a Santa Clara personal injury lawyer. At Suits Litigation Inc., we can investigate your accident and injuries and guide you through the personal injury claims process to pursue compensation from the party responsible for your injuries.
Types of Santa Clara Personal Injury Claims
Personal injury law covers an extensive array of accidents. These accidents are typically the result of another party’s negligent or reckless behavior. At Suits Litigation Inc., we handle many types of personal injury claims, including the following:
Car Accidents
According to the Valley Transportation Authority (VTA), there were 529 people killed or seriously injured in car accidents in Santa Clara County last year. These car accidents are frequently caused by speeding, distracted driving, and failure to follow traffic laws. If someone’s carelessness led to a car accident that caused you injuries, an injury attorney in Santa Clara can file a personal injury claim on your behalf.
Truck Accidents
There are many types of truck collisions, such as spilled cargo, head-on, jack-knife, rollover, t-bone, and underride accidents. Truck accidents in Santa Clara are often caused by careless operation, poor vehicle maintenance, or driver exhaustion. The injuries caused in truck accidents are often severe because of trucks’ large size and weight, maneuverability, and longer stopping distances.
Motorcycle Accidents
The National Highway Traffic Safety Administration (NHTSA) reports that there were 539 motorcyclist fatalities in 2020. Motorcyclists are at high risk of obtaining severe injuries in a crash because they have very little protection. The serious injuries caused by a motorcycle accident can lead to permanent disabilities, daily pain, and a lifetime of physical limitations.
Bicycle Accidents
California ranks fourth highest for bicycle-friendly states in the country. Despite the many benefits of riding a bike, bicycling can also be risky and lead to severe injuries and fatalities. Bike accidents are often caused by distracted driving, driving under the influence, and failure to obey traffic laws.
Pedestrian Accidents
Pedestrian accidents are primarily caused by distracted and impaired drivers. These collisions often result in devastating injuries. According to the VTA link above, a pedestrian hit by a car traveling 40 miles per hour has a 90% chance of suffering fatal injuries.
Drunk Driving Accidents
The State of California Department of Motor Vehicles (DMV) reports that 48% of accident fatalities in 2020 involved driving under the influence. Driving while drunk impairs a person’s ability to make logical decisions and react timely to potential safety hazards. Drunk driving poses a major risk to other drivers and pedestrians on Santa Clara roadways.
Hit and Run Accidents
California law requires individuals involved in motor vehicle accidents to stop at the scene and immediately report the accident to the police. If you have been involved in a collision in which the person responsible for your accident fled the scene, you need help from a Santa Clara injury lawyer. We can advocate for your rights after a hit-and-run accident and negotiate with your insurance company to help you obtain the most compensation possible for your injuries.
Workplace and Construction Accidents
Construction and other workplace sites have many hazards, including heavy machinery, dangerous scaffolding, and environmental dangers. If you have been injured in a workplace accident, the benefits provided by your employee may not be sufficient to cover the entirety of your losses. Our Santa Clara, CA, personal injury lawyer at Suits Litigation Inc. can explore additional recovery options for you to recoup your losses.
Wrongful Death Accidents
Wrongful deaths can occur from many accidents, including medical malpractice, defective products, dog attacks, and exposure to toxic chemicals. If your loved one was fatally injured in an accident caused by another party’s negligence, you may be facing an extreme financial hardship. A Santa Clara injury lawyer can investigate your loved one’s accident, determine who was liable, and file a claim for compensation to help alleviate the financial burden you are facing after the devastating loss of your beloved family member.
Catastrophic Accidents
A catastrophic injury is one that permanently prevents you from performing any gainful employment. Catastrophic injuries can include amputations, permanent disfigurement, loss of sight or hearing, and traumatic brain injuries. Because such injuries typically require extensive medical treatment and prevent you from working, the financial repercussions can be devastating.
Burn Accidents
In addition to being incredibly painful, severe burns can require extensive and costly medical treatment. If your burns were caused as a result of someone’s negligence, such as in a fire, chemical spill, or electrocution, you may be entitled to compensation from the responsible party. An injury lawyer from Suits Litigation Inc. can file a personal injury claim on your behalf to help you recover damages you sustained in your burn accident.
Neck, Back, and Spine Accidents
Spine-related injuries can have a long-lasting, devastating effect on you physically and financially. These injuries can be caused by a variety of accidents, including those involving motor vehicles, slips and falls, and violent acts. If you are facing a back, neck, or spine injury caused by an accident that was not your fault, our Santa Clara personal injury attorney can file a claim for monetary recovery on your behalf.
Injuries Commonly Sustained in Santa Clara Personal Injury Accidents
The injuries resulting from personal injury accidents can cause devastating physical, emotional, and financial harm. Because of the wide range of personal injury accidents, the resulting injuries can also vary greatly. Common injuries that result from personal injury accidents include:
- Broken bones
- Neck injuries
- Back injuries
- Spinal cord injuries
- Traumatic brain injuries
- Organ damage
- Burns
- Paralysis
- Amputation
- Death
If you have suffered an injury or lost a loved one due to an accident caused by the negligence of another person, you may be entitled to compensation for your losses. California is a fault state, meaning the person at fault for causing your accident and resulting injuries is responsible for compensating you for your losses. A personal injury lawyer at Suits Litigation Inc. can investigate your accident and determine your options for recovery.
Proving Negligence in a Santa Clara Personal Injury Claim
To recover damages in a personal injury claim in California, you must prove that the party responsible for your accident and resulting injuries acted negligently. Negligence is a party’s failure to use reasonable care to prevent harm to someone else. Under California law, the following specific factual elements must be proven by a claimant to establish negligence:
- That the other party was negligent
- That you were harmed as a result
- That the other party’s negligence was a substantial factor in causing your harm
In California, even if you were partly to blame for your accident, you may still be eligible to recover damages. As long as you were less than 100% to blame for your accident and resulting injuries, you can file a claim for compensation. A personal injury lawyer in Santa Clara can walk you through the process of filing a lawsuit in California.
Supporting Evidence in Your Santa Clara Personal Injury Claim
To prove negligence in your personal injury claim, you need to have evidence. There are many types of evidence you can use to support your claim for damages. Examples of evidence commonly used to support Santa Clara, CA personal injury claims include the following:
- Police and incident reports
- Photos and videos of your accident scene
- Photos of your injuries and property damage
- Your medical records and bills
- Witness statements
- Notes regarding your symptoms and recollection of your accident
- Employment records and pay stubs
- Tax returns
- Expert reports
A skilled Santa Clara personal injury attorney can help you gather the evidence needed to support your claim for damages. We know what can be used to prove your allegations of negligence. Contact us as soon as possible after your accident so we can begin collecting the evidence needed to support your claim.
Damages You Can Recover in Santa Clara Personal Injury Cases
There are several types of damages that you can collect in a personal injury case with the necessary evidence to prove negligence. In California, there are three primary categories of damages. These damages are as follows:
- Economic: Economic damages are your reasonable monetary losses. A large portion of these damages will include your medical expenses, such as healthcare, medications, medical equipment, and travel to doctors’ appointments. They also include your lost wages, lost earning capacity, loss of ability to provide services, and personal property damaged in your accident.
- Non-economic: Non-economic damages are your non-monetary losses and are more difficult to calculate. They typically include your physical pain, mental suffering, and emotional distress. They also include any loss of consortium suffered by your spouse.
- Punitive: Punitive damages are intended to punish liable parties for their egregious conduct that caused your accident and injuries. These damages are only awarded when the responsible party acted maliciously or recklessly. As such, they are not awarded lightly and are not typical in most personal injury cases.
An experienced personal injury attorney in Santa Clara can help you obtain maximum compensation for your injuries. At Suits Litigation Inc., we will advocate for you and fight for the compensation you deserve. No one should suffer as a result of someone else’s negligence.
The Personal Injury Claim Process in Santa Clara
Attorney James C. Suits, II is a skilled advocate for personal injury victims. He is experienced in the personal injury claim process from beginning to end. The general legal process for personal injury lawsuits typically involves the following steps:
- Consult with a personal injury lawyer in Santa Clara.
- Investigate the accident that caused your injuries.
- Gather evidence, including photos, witness statements, and expert testimony, to determine liability for your accident.
- Review medical records that will demonstrate your injuries.
- Send a demand letter to the party responsible for your accident.
- Negotiate with the insurance companies and adverse parties.
- File a lawsuit if no reasonable settlement is reached.
- Take depositions and participate in the discovery process.
- Prepare for, and participate in, a trial if necessary.
Navigating a personal injury claim can be overwhelming. You should not attempt to fight for justice on your own. Retaining a skilled Santa Clara personal injury attorney at Suits Litigation Inc. is in your best interest and will help you maximize your chances of recovering damages for your losses.
How Long You Have to File a Personal Injury Claim in Santa Clara
Under California law, you have two years from the date of your accident to file a personal injury lawsuit. If you do not meet this deadline, you will be barred from filing a claim for damages. These time limits may change depending on the party you are filing suit against.
It is important to note that there are certain exceptions to this two-year deadline. For example, if you are suing a government agency, you must first file an administrative claim within six months of your accident. Determining the proper statute of limitations can become complicated, meaning you should consult with an injury attorney in Santa Clara as soon as possible after your accident.
What a Santa Clara Personal Injury Lawyer Will Cost You
Many people are hesitant to hire an injury attorney because they think they cannot afford one. However, at Suits Litigation Inc., we are paid on a contingency basis. This means that we are paid out of any funds received from a successful case result.
In other words, we are only paid when we achieve a successful result in your personal injury case. We pay for costs and expenses associated with court filing fees, deposition transcripts, and expert witness fees upfront. If you do not recover compensation, you will not owe us any attorney’s fees.
Consult with a Santa Clara Personal Injury Attorney Today
Consulting with an experienced personal injury lawyer in Santa Clara after an accident that caused you injuries will give you the best chances of obtaining compensation for your losses. Contact our team at Suits Litigation Inc. today for a free consultation to discuss the details of your accident. We will review your legal options for monetary recovery with you so you do not have to fight for justice on your own.