If you were injured in San Jose - on US-101, I-280, I-680, SR-87, or in an Uber or Lyft rideshare crash - you generally have two years under CCP § 335.1 to file in Santa Clara County Superior Court. Devoted Injury Lawyers represents San Jose and Silicon Valley residents from our Oceanside office and statewide. No fee unless we win. Hablamos Español.
Twelve California personal-injury practice areas. We do not take medical malpractice, dental malpractice, attorney malpractice, assault/battery, or product-defect cases.
San Jose is the rideshare capital of California - Uber's headquarters is in nearby San Francisco and Lyft is across the bay. We see Uber and Lyft crash claims at the highest volume of any Bay Area city. See Cal. OTS crash rankings and sanjoseca.gov for the official local data.
Most California injury claims are won or lost in the first 72 hours. Here are seven steps that protect your case and your health while the evidence is fresh.
See a doctor, paramedic, or ER - even if you feel okay. Soft-tissue injuries often surface 24–72 hours later. In San Jose, the closest trauma centers are Santa Clara Valley Medical Center and Stanford Health Care.
A San Jose Police Department or CHP San Jose Area report locks in the other driver's identity, insurance, and an initial account. Vehicle Code § 20008 requires reporting any injury crash within 24 hours.
Vehicle positions before they're moved, damage from multiple angles, road conditions, skid marks, traffic signs, injuries, the other driver's plate and insurance card.
Witnesses move on quickly. A name and phone captured on day one is worth more than expert testimony months later.
The other driver's insurer will often call within a day or two and ask for a recorded statement. You are not required to give one. The California Department of Insurance posts a consumer guide on this.
Medical bills, mileage to appointments, missed-work documentation, photos of bruises as they evolve.
Free, 24/7. You speak directly to a California-licensed lawyer who will tell you what you have. Do this before any recorded conversation with the insurance company.
Insurance companies are not in the business of paying you. They are in the business of paying as little as possible. Knowing the tactics in advance is half the defense.
Within 7–14 days, the adjuster offers a small lump sum 'to help with medical bills.' Accepting it usually means signing a full release of your claims. Don't sign without a lawyer reading it.
An adjuster calls and asks for a 'quick recorded statement.' You are not required to give one. Anything you say can be used to reduce your claim later.
They send a broad medical-release form asking for your full lifetime medical history. The form is too broad. We narrow it to the relevant treatment period.
If you ever had a similar injury, they'll argue this one isn't from the crash. California law (Eggshell Plaintiff doctrine) actually protects you here - when the case is presented correctly.
Any gap in your medical treatment becomes 'proof you weren't really injured.' Stay consistent with follow-ups. We help you build a clean record.
Your public posts get screenshotted. A single beach photo can be used to argue you're 'not really hurt.' Lock down your accounts; ideally go private during the claim.
Statewide Case Evaluations, 24/7. Two of our three are fluent in Spanish. We come to you - home, hospital, our Oceanside office, or by video.
California organizes tort damages into two categories under Civ. Code § 3333. Past results do not guarantee a similar outcome.
Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case. Each case is different.
There is no single formula, but many California claims run through the same building blocks. Adjusters use multipliers; juries use CACI 3903. We use both to back into a defensible demand.
Medical bills (past and future), lost wages, lost earning capacity, vehicle damage, out-of-pocket costs. This is the floor - the number the case likely can't be worth less than.
For non-economic damages (pain, suffering, emotional distress), adjusters typically apply a multiplier of 1.5×–5× the medical bills, based on injury severity and treatment length. Severe injuries with permanent impact push toward the high end.
California is pure comparative - your share of fault reduces the recovery dollar for dollar. Santa Clara County jury verdicts also vary by venue, which factors into both the demand and the settlement number.
Medical bills: $25,000. Lost wages: $8,000. Multiplier: 3× for a documented back injury with 6 months of treatment. Fault split: 80/20 (you 20% at fault).
Economic damages: $33,000. Non-economic (3× medical): $75,000. Subtotal: $108,000. Reduce by your 20% fault: final value $86,400.
Hypothetical illustration only. Past results do not guarantee a similar outcome in your case.
Most California PI cases settle in 4–9 months. Severe or contested cases push to 12–24 months. Here is the rhythm.
You call, we evaluate, we sign you up if the case fits. Representation letter goes out to the at-fault insurer the same day. You stop receiving adjuster calls.
Police/CHP reports, scene photos, witness statements, insurance discovery, medical records from each provider. We send preservation letters where applicable (commercial vehicles, surveillance video, ELD data).
You see your doctors. We track each visit, each diagnostic, each bill. The settlement number won't crystallize until you reach maximum medical improvement (MMI) - typically 3–6 months for moderate injuries.
We assemble a full demand: liability analysis, medical narrative, lost-wage proof, photos, and the requested figure. Adjuster typically responds with a low first offer. Negotiation runs 30–90 days.
If the offer is fair, we settle. If it isn't, we file a complaint in Santa Clara County Superior Court. Filing immediately resets the negotiation - most cases settle within 4 months of filing.
Depositions, discovery, motions, mediation. About 95% of filed cases settle at or before mediation. The 5% that don't go to trial - Jeff Waldron (CA Bar #329767) handles those.
Medical records from the trauma admission set the foundation of the entire damages narrative. We work directly with treating teams at each of the hospitals below.
CCP § 335.1 - file the lawsuit within 2 years of the injury. Faster for government claims (6 mo, Gov. Code § 911.2).
Since Jan 1 2025 under SB 1107. Many San Jose drivers carry more - and UM/UIM often picks up the gap.
CACI 405. You can recover even if mostly at fault - your share just reduces the recovery dollar for dollar.
California Office of Traffic Safety publishes per-city crash and injury rankings at ots.ca.gov. UC Berkeley SafeTREC posts geocoded crash data at tims.berkeley.edu - both are primary sources we use when investigating where and how San Jose crashes happen.
Names withheld for privacy, facts preserved for transparency. Each case is unique - yours included.
A high school student sustained serious injuries requiring arm surgery after being involved in a rollover accident as a passenger. The incident occurred while exiting Interstate 5.
Read the case study→During an evening bike ride in Twentynine Palms, a father was struck by a distracted driver who ran a stop sign, leaving him with multiple fractures and requiring several surgeries.
Read the case study→Walking his French bulldog in the morning, our client was suddenly attacked by a Cane Corso. He sustained multiple injuries, including bite wounds to his thigh, a chipped tooth, forehead abrasions, and a back injury.
Read the case study→Past results disclaimer. Prior results do not guarantee, warrant, or predict a similar outcome in your case. Each case is different and depends on its unique facts, the applicable law, and the available insurance coverage.
Call (888) 760-2LAW or send the form. A licensed California attorney calls back, usually within the hour - and comes to you anywhere in San Jose.
If you hire us, you stop talking to adjusters. We send the representation letter, request the police report, and gather your records.
See your doctors. Heal. We coordinate with providers, document the case as it builds, and only come to you with decisions that need your input.
Statewide case evaluations on every call. Three licensed lawyers, 51 years combined experience. Two of three are fluent in Spanish.
Default first contact. PI since 2011. Justia 10.0.
PI since 2002. 24+ years. Fluent Spanish.
Hundreds of cases since 2014. Fluent Spanish.
We work on a contingency-fee basis: one-third if the case settles before suit, 40% if litigation is required.
Get a fast case evaluation. Free 24/7 consultation. No fee unless we win. Hablamos Español.
