Passenger Injuries

San Jose Passenger Injuries Attorney

Pursue Compensation with a San Jose Car Accident Lawyer

As a passenger in a vehicle, you have the right to take legal action and pursue compensation for injuries you suffer in a traffic accident. You may be wondering how to do this—what kind of legal action is available? Depending on the circumstances of your accident, you may be able to file a claim against a negligent driver, with an insurance company, or even against a car manufacturer.

However, you may only collect financial compensation once for a specific injury or damage. This means that need to ensure that when you do file a claim, it is for the full amount of recompense that you need. At Mitchell & Danoff Law Firm, we develop a personalized approach to each of our clients’ cases—starting with determining the most effective course of action to take in a personal injury claim.

We fix that which is broken, one client at a time. Find out how our San Jose car accident attorney may be able to help you make a strong claim. Call (831) 219-2110 today!

Passenger Rights in a Car Accident

California driver insurance requires drivers to be able to pay for the damages and injuries they may cause in an accident. This means that individuals who suffer injury in an accident may file a claim with the at-fault driver’s insurance. In some cases, this may be enough to cover the cost of your injuries.

However, it is not always this simple. What happens if you suffer serious injuries, or the negligent driver does not have adequate insurance to cover the damages? In these cases, it is important to explore all your legal options to determine a course of action that may offer the maximum compensation possible.

Sometimes, the driver you were in the car with was responsible for the accident. Many individuals are reluctant to file a claim with the person they were driving with. However, your actions may not have a direct effect on their insurance rates. In most cases, their insurance will rise as a direct result of the accident. To protect yourself and ensure a smooth recovery after an accident, you should explore all legal avenues.

Filing Claims for Passenger Injuries

The California statute of limitations only allows personal injury claims to be filed within a certain period of time. Car passenger accident victims have two years after an accident to file a claim, or one year after an injury is later discovered. Although this may seem like a large window of time, it can quickly diminish as you focus on recovering from your injuries or try to determine whether you have a case.

At Mitchell & Danoff Law Firm, our San Jose car accident attorneys help victims review their case in a timely fashion that allows them to file a claim with ample time to prepare a strong case advocating for their rights. We do not pressure our clients to go to court—we help them identify their options and file a claim that may secure the compensation they need to make a full recovery of health after an accident.

A successful passenger injury claim can award compensation for the following:

  • Medical costs for surgery and ongoing treatment
  • Lost wages in the present and future
  • Out-of-pocket losses and expenses resulting from the accident
  • Compensation for physical/mental pain and suffering

Losing a Loved One in an Accident

If you have lost a loved one to fatal passenger injuries in an auto accident, you may be able to seek justice and secure your family’s future with a wrongful death claim. No amount of compensation can make up for your tragic loss, but it may offer some level of protection in the wake of a terrible accident.

Ensure Your Future is Protected. Contact Mitchell & Danoff Law Firm for a Free Consult!

For more than 30 years, Mitchell & Danoff Law Firm has been helping car accident victims find a way through their overwhelming situations. Recovering compensation after an accident does not have to be a messy ordeal with court dates and long battles—sometimes, it is as simple as filing an insurance claim correctly. If you have suffered injuries as a car passenger in San Jose or elsewhere in Northern or Central California, get in touch with our car accident injury team. You don’t pay us a penny out of pocket when you retain us—we take on cases free of charge, and only collect attorney fees if you win your case.

There’s nothing to lose when you work with Mitchell & Danoff Law Firm. We have successfully recovered millions of dollars for our clients. Schedule a free consultation by contacting us today!


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Frequently Asked Questions

  • Should I hire a lawyer for my personal injury case?

    There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.

  • How long will my personal injury case take to resolve?

    This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.

  • What is the average settlement amount for a personal injury claim?

    The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.

  • Does California put damage caps on claims for personal injury cases?

    No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.