Whether you’re hurt in a car crash, on another person’s property, or by a defective product, a serious injury can leave you struggling physically, emotionally, and financially. If you were injured as a result of someone’s negligent behavior, OnderLaw may be able to recover financial compensation for your medical costs, lost wages, pain and suffering, and other losses.

We have been representing injured clients since 2002, and we will leverage the full weight of our experience, knowledge, and resources to seek the justice and compensation you deserve. Our goal is to resolve your case efficiently and help you get back on your feet.

You have the right to hold the at-fault party liable for your losses if their actions led to your accident. At OnderLaw, our San Jose personal injury lawyers will identify the best avenue for obtaining a full settlement or verdict for your injuries. We’ll also work exhaustively to gather evidence and prove that your injury was the result of someone’s carelessness.

Don’t hesitate to call us for a free consultation so that we can review your legal options. We’re ready to help.

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Why Hire OnderLaw?

Many injured victims are hesitant to hire a lawyer after an accident. They worry about the additional cost of seeking legal representation and how that would affect their financial situation. When you’re unable to work and already paying expensive medical bills, you don’t want to add another expense to your plate.

Our San Jose personal injury lawyers want our clients to receive dependable and affordable legal services. We believe everyone should have the opportunity to pursue compensation in an insurance claim or lawsuit without worrying about legal fees.

That is why we take cases on a contingency-fee-basis. You won’t have to pay us up front to represent you. We don’t get paid unless you get paid. If we lose your case, you won’t have to pay any attorney fees.

In any personal injury case, it’s important that you have a skilled attorney by your side throughout the claims process to ensure your rights and best interests are protected. Insurance companies will always be looking out for their bottom line. If they can find a reason to minimize or even deny your claim, they will.

For example, some adjusters will provide a lowball offer to settle the claim quickly. If you don’t have an experienced lawyer to help you, you might not realize there’s room for negotiation or that you deserve higher compensation than what they’re offering.

Besides handling insurance claims, we can also litigate cases. We have comprehensive knowledge about filing lawsuits and taking cases to court. We never back down from a fight and are prepared to go the distance to reach your legal goals so you can move forward with your life.

What You Should Do After a Personal Injury

If you were injured through no fault of your own, there are steps you can take following your accident or incident to protect your right to compensation, including the following:

  1. Notify Someone

    Whether you fell on public property, were involved in a motor vehicle accident, or suffered injuries due to medical malpractice, you should file an incident or police report, so there’s a record of what happened, when it happened, and who was at fault.

  2. Gather Evidence

    Start collecting crucial evidence at the accident scene, such as photos and witness statements. While you are treating your injuries, you should keep all copies of medical records and medical bills. Your documentation will help prove that your injuries resulted from the accident and that you required medical care to recover.

  3. Attend all Doctors’ Appointments

    You should seek medical attention immediately after you sustain an injury. Don’t wait too long before your initial appointment. Insurance companies will use a gap in treatment as an excuse to deny someone’s claim. They could argue that you didn’t get hurt, or it’s not serious enough for you to seek medical attention. If your doctor refers you for additional treatment, follow their orders. Don’t skip appointments or allow too much time to pass in between each one.

  4. Hire an Attorney

    Contact one of our San Jose personal injury lawyers to assist you with your case. You will have a much better chance of recovering the maximum available compensation than if you decide to handle your case yourself.

Avoiding certain actions following a personal injury is just as important as taking steps to protect your rights. While your case is ongoing, be sure to refrain from doing the following:

  • Don’t speak to the at-fault party’s insurance company. They’re likely not going to be on your side. They may try to shift blame from their policyholder on to you to minimize your settlement. They could also use what you say against you to deny your insurance claim. OnderLaw will communicate with them throughout your case to protect you from the insurance company’s hardball tactics.
  • Don’t admit fault for the incident. Be careful not to admit fault to anyone, especially the insurance company or the other side’s attorney. Even saying “I’m sorry” could be taken as an admission of fault. If a jury finds you to be even partially responsible for the accident that injured you, they could diminish your losses by your percentage of shared fault, resulting in you receiving less compensation.
  • Don’t post anything on social media. Insurance companies and defense attorneys may look at your online activity during investigations. If they find evidence that suggests your injury may not be as severe as you claim, you could end up losing your case.

How We Will Handle the Investigation

Accidents happen every day. They are a part of life. However, sometimes injuries occur when a person or entity behaves irresponsibly. It can be a challenge to prove fault in a personal injury case and to show the extent of the compensation you deserve for the losses you’ve suffered.

That’s why it is crucial that you hire an experienced San Jose personal injury lawyer. We can handle every step of the legal process so you can focus on healing.

When you hire us, one of the first things we’ll do is investigate your case and gather evidence to help us prove fault and to show the nature and extent of your injuries. Evidence is essential in a personal injury case because it can show the date you sustained the injury, a timeline of your medical treatment, and how the at-fault party’s actions contributed to the accident.

Examples of evidence we may need to obtain includes:

  • Police/incident reports
  • Physician statements
  • Photos of visible injuries
  • Copies of all available insurance policies
  • Witness statements
  • Maintenance and repair logs
  • Video surveillance of the incident
  • Medical records, medical bills, prescriptions, and other documentation of treatment
  • Pictures of the accident scene and property damage
  • Receipts, bank statements, and other evidence of out-of-pocket expenses
  • Lost wage reports

When we complete our investigation, we can file an insurance claim and submit all the evidence we collected to the insurance company. We will aggressively negotiate for a settlement that covers your past and future expenses, your pain and suffering, and more. The negligent party should be financially responsible for the losses you’ve endured.

Our San Jose personal injury lawyers want our clients to receive dependable and affordable legal services. We believe everyone should have the opportunity to pursue compensation in an insurance claim or lawsuit without worrying about legal fees.

Compensation in a Personal Injury Case

Whether you sustained an injury that was minor or debilitating, there are multiple types of compensation you could potentially seek in an insurance claim or lawsuit. For example, you may be able to seek compensation for the following:

  • Mental anguish
  • Out of pocket expenses
  • Physical impairment
  • Lost wages
  • Lost earning capacity
  • Medical bills
  • Property damage
  • Pain and suffering
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of consortium

Our San Jose personal injury lawyers can review your total losses to determine the compensation you need. We work hard to maximize the value of a case, so our clients can cover their past and future losses. We will fight tenaciously to hold the at-fault party liable for the recovery you’re due.

Our Practice Areas

At OnderLaw, we focus our time and attention on personal injury cases. We have the experience, knowledge, and resources needed to represent accident victims and hold people accountable for the harm they cause.

Following are some of the types of cases we handle:

  • Car Accidents – Car crashes are typically the result of driver error or inattention. Motorists become distracted behind the wheel or disobey traffic laws, causing accidents that can injure the occupants of other vehicles.
  • Truck Accidents – Accidents involving commercial trucks can cause the people in the smaller vehicles to suffer debilitating injuries and fatalities. The violent impact of a large truck colliding into a passenger vehicle can cause significant physical harm and property damage. Truck drivers should adhere to state laws and federal regulations to avoid injuring others.
  • Motorcycle Accidents – Motorcyclists share the road with cars, trucks, and other motor vehicles. Unfortunately, they’re at greater risk of suffering injuries in an accident due to their lack of protection.
  • Bicycle Accidents – Drivers often ignore bicyclists or overlook one in the designated bike lane. Distractions causing a vehicle driver to drift or turning without checking for oncoming bike riders can have fatal consequences.
  • Pedestrian Accidents – Motorists must yield to pedestrians crossing the street. Running a red light or stop sign could put them on a collision course with a pedestrian.
  • Wrongful Death – The negligent actions of another person could result in your loved one’s death. You might be entitled to financial compensation from the at-fault party in a wrongful death lawsuit.
  • Dog Bites – A dog can bite someone for no reason other than the owner didn’t properly restrain it. Injuries can range from mild to severe and even be fatal in some instances. You could hold the dog’s owner liable for the expenses you incurred while treating your injury.
  • Slip and Fall – If you were injured on someone’s residential or commercial property as a result of hazardous or dangerous conditions on the premises, you could pursue compensation in an insurance claim or lawsuit. Examples of dangerous conditions causing slip and fall accidents are wet floors, loose rugs, or defective staircases.
  • Burn Injuries – Burn injuries can occur in a car crash, at work, or in many other scenarios. If you sustained burns because of another party’s misconduct, you should not be forced to pay for your own medical bills and associated costs.
  • Workers’ Comp – Any employee in any industry could get hurt while performing their job duties. You might be entitled to benefits from your employer’s workers’ compensation insurance or to compensation in a third-party lawsuit.
  • Brain Injuries – Traumatic brain injuries can happen during a fall, workplace accident, or any incident causing a violent jolt or blow to the head. Without adequate medical treatment, severe brain injuries could lead to significant mental deficits and even death.
  • Nursing Home Abuse – Staff members in nursing homes are responsible for providing daily medical care and assistance to residents. Abuse and neglect are often the results of inexperience, poor supervision, and negligent hiring practices.
  • Premises Liability – The dangerous conditions on someone’s property can cause guests to suffer serious injuries. Owners must maintain all areas, repair damage, and set up warning signs when necessary. Inadequate security, poor lighting, and potholes are just a few examples of hazards that can cause premises liability accidents.
  • Rideshare Accidents – Employees of rideshare services must follow the same traffic laws other drivers follow. If their actions lead to an accident injuring their passenger or the occupants of another vehicle, they could be held liable for resulting medical bills, lost wages, and other losses.

OnderLaw can take on your personal injury case and pursue the maximum available compensation. The negligent or careless party should be held accountable for their actions or inaction and provide the monetary award you need to move forward.

Injuries Commonly Caused in Accidents

The severity of your injury could depend on the circumstances of the accident. While minor sprains and bruises are common in situations, such as car accidents and premises liability, many victims suffer debilitating injuries requiring months or years of physical therapy. Sometimes, permanent disability can result, requiring future care and daily assistance performing routine tasks.

The most common personal injuries are:

  • Broken or fractured bones
  • Head and brain injuries
  • Spinal cord damage
  • Internal bleeding
  • Organ failure
  • Infections
  • Burns
  • Soft tissue injuries
  • Loss of limb or amputation
  • Repetitive motion injury
  • Anxiety, fear, post-traumatic stress disorder, or other emotional trauma
  • Paralysis
  • Illnesses, such as cancer from toxic chemical exposure
  • Crush injuries
  • Electrocution
  • Loss of vision or hearing
  • Significant scarring or disfigurement
  • Mental or physical disability

Chronic pain can reduce a person’s quality of life. A permanent disability could prevent you from returning to work and earning your usual wages. When someone else causes your injury, you shouldn’t be forced to pay for the resulting expenses. OnderLaw can represent you in your case and help you determine the monetary value of your total losses, so you receive full and fair compensation.

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Statute of Limitations in California

When you want to file a personal injury lawsuit, you must follow a strict deadline known as a statute of limitations. The statute of limitations in California is two years for an injury case and three years for a property damage case.

Let’s say you get hurt in a car crash. That would mean you have two years from the accident date to sue the at-fault driver. If two years pass before you file, you could lose your right to compensation, now and in the future.

Under certain circumstances, you can toll, or pause, the clock on the statute of limitations. These special circumstances are:

  1. The defendant leaves the state.

    Their absence would not count towards the two-year deadline. Once they return, the clock would start again.

  2. The plaintiff was a minor at the time of the accident.

    The clock would begin once they turn 18 years old.

  3. The plaintiff was mentally incompetent when the incident occurred.

    The clock would not start unless they gain mental competency.

  4. The plaintiff did not discover their injury until after the accident.

    The clock would begin on the date they knew or should have reasonably known they suffered an injury.

How Pure Comparative Negligence Could Affect Your Lawsuit

In California, there is a rule known as pure comparative negligence that could affect the compensation you receive. According to this rule, an accident victim’s compensation may be reduced in proportion to their percentage of shared fault in the accident. That means if you contributed to your injuries in any way, a jury could reduce the compensation you are entitled to receive.

Under normal circumstances, if you incurred $100,000 in damages and the at-fault party was 100% at fault, you could pursue the full $100,000 in compensation. However, if a jury determines you were 20% to blame for the accident, you could only seek a maximum of $80,000 in compensation.

Personal Injury Frequently Asked Questions

The San Jose personal injury attorneys of OnderLaw often get questions from clients following an accident. They want to know their legal options and how they should proceed with their case. We have answered the most common questions we receive so you can prepare for the legal road ahead. If you have additional questions we haven’t answered below, don’t hesitate to contact us for a free consultation.

Schedule Your Free Consultation With OnderLaw

If someone else’s negligence caused your injury and you want to seek legal action against them, contact us immediately. We will start working on your case as soon as you retain our services and try to resolve it efficiently. We will provide the one-on-one attention you deserve and treat you like part of our family. We know how difficult this experience has been, and we will guide you through it.

Call OnderLaw for a free consultation with one of our San Jose personal injury lawyers.

OnderLaw knows you might already be struggling to pay your medical bills, prescription drug costs, and other expenses while treating your injuries. To avoid adding more burden to your life, we take cases on a contingency-fee-basis. That means there are no upfront fees or costs. We won’t expect payment of our legal fees unless we recover compensation for you. If we lose your case, we won’t charge you for our services.

California wrongful death laws allow a surviving family member to file a lawsuit if another party’s neglect or wrongful acts led to their loved one’s death. You could pursue this type of case if you are the surviving spouse, domestic partner, or child. A person entitled to the deceased’s property through intestate succession could file if there isn’t a surviving domestic partner, spouse, or child. Parents or legal guardians, putative spouses and their children, and stepchildren could also seek compensation if there’s proof of financial dependency on the deceased.

It’s crucial that you hire an attorney as soon as possible after your accident. The strict timeframe for pursuing a lawsuit could work against you if you wait too long to begin preparing your case. Even though the two-year statute of limitations seems like plenty of time, various obstacles could occur, delaying the legal process. The sooner you hire us, the sooner we can start building a case against the at-fault party.

Absolutely. Write down a detailed list of your physicians’ names, medical facilities, and dates of treatment. Even if you only saw a doctor one time, you should write down their name if the treatment was associated with your injury. We can request copies of your medical records, but only if we know who you saw. Without a complete list, the documents could show a gap in treatment, resulting in lower compensation than you deserve.

That depends on the factors related to your case. Most cases are resolved with an insurance settlement. However, if the insurance company denies your claim or refuses to provide an adequate offer to cover your losses, it might be necessary to file a lawsuit. After investigating the incident that resulted in your injury, we can determine the best course of action for recovering the compensation you need and deserve.