Advocating For You After A Car Accident

A few seconds of someone not paying attention to the road can change your life forever. If you were hurt in a vehicle collision you didn’t cause, we can help you. Our San Jose, CA, car accident lawyer at Mitchell & Danoff Law Firm, Inc is your advocate throughout the legal process, fighting to get a fair settlement from the other driver. Because of a serious accident at 19, one of our attorneys—Tab Mitchell—pursued a career in law. He has been advocating for clients ever since he graduated. Call us today to learn more about how our legal advice can help you make the right decisions for your case. Your first consultation is free!

How A Lawyer Helps With Your Claim

Even if you know that the other driver involved in the crash caused it, you still must prove that they were negligent and, therefore, liable for your injuries and other losses to get a settlement or a jury award. A car accident attorney can do this for you, collecting evidence that shows how the other driver’s actions (or inattention) caused the crash. Having a lawyer is especially helpful if the other driver tries to point the finger at you. 

Car accident law firms often have access to resources that you may not, like expert accident reconsturctionists to show how the wreck happened, or expert medical witnesses to draw causation between the crash and your injuries. A lawyer can also subpoena information to build your case and depose witnesses (ask questions under oath) to secure valuable testimony against the other driver.

The Experienced Legal Team To Trust

Our legal advocacy goes beyond building a solid claim on your behalf. We also have the experience and knowledge to properly value your case so that we can negotiate up from a lowball offer the other party’s insurance company makes. You’re entitled to claim full compensation for your medical treatment, vehicle repair or replacement, and lost wages from work. We’ll calculate that and also determine a fair amount to compensate you for your pain, suffering, and mental trauma.

Finally, a lawyer from our firm is also there to support you throughout the process. The stress of dealing with the other party and worrying about legal matters is taken off your shoulders – we can file the paperwork needed to advance your claim and talk to the other party so you don’t have to. You can rest and focus on your healing.

We Offer Free Consultations

Do you need help securing a fair settlement after a car crash? Whether it’s a fender-bender or you have a total loss of your vehicle, Mitchell & Danoff Law Firm, Inc is ready to help you get the compensation you deserve. Our deep knowledge of California car accident statutes and careful, detailed investigation of the circumstances surrounding the accident can help build a solid case for negligence against the other driver. Call us today for a free consultation with our car accident attorney.

The Aftermath Of A Traffic Collision

Experiencing a traffic collision can be an overwhelming and distressing event, leaving you in a state of shock and uncertainty. Knowing the appropriate steps to take in the immediate aftermath is crucial not only for your safety but also for protecting your legal rights. Here, we offer a comprehensive guide designed to help you manage the situation with confidence and clarity. You should always start by reaching out a car accident lawyer you trust. Mitchell & Danoff Law Firm, Inc can help. Reach out to us today to set up a consultation with one of our lawyers. 

Immediate Safety Measures

First and foremost, ensure the safety of all parties involved. If possible, move to a safe location away from oncoming traffic to prevent further accidents. Check yourself and others for injuries, and call emergency services if there are any concerns for health or safety. It’s imperative to stay calm and focused during this time, as your actions can significantly impact the well-being of everyone involved.

Documenting The Scene

Once you’ve confirmed that it’s safe, document the accident scene. Use your smartphone to take photographs from various angles, capturing the positions of the vehicles, any visible damage, skid marks, road conditions, and traffic signs. This visual evidence can be invaluable for future reference, particularly if there are disputes about the circumstances surrounding the incident. This will be great for your attorney to have at a later date. 

Exchange Of Information

It’s essential to exchange contact and insurance information with the other driver(s) involved. This includes names, addresses, phone numbers, insurance company details, and vehicle registration numbers. However, be mindful of what you say during this exchange. Admitting fault or making definitive statements about the accident can complicate matters later on, especially when it comes to legal proceedings.

Witness Statements

If there were witnesses to the accident, try to get their contact information as well. Eyewitness accounts can provide an objective perspective on the events, which may prove beneficial in clarifying details or in instances where the parties involved have conflicting accounts of what happened.

Reporting The Incident

Report the accident to the police, especially if there are injuries or significant property damage. The responding officers will create an official report, which is a critical document for insurance claims and any potential legal action. Even in minor collisions, having a police report can help expedite the insurance process and serve as an official record of the event.

Consultation With Your Attorney

After addressing immediate concerns, consider consulting with a specialist in vehicular accident cases. Even if you believe the accident was minor, legal advice can provide clarity on your rights and the best course of action moving forward. A California car accident lawyer can guide you through the complexities of insurance claims, assess the potential for compensation, and represent your interests in negotiations or court proceedings.

While a traffic collision can be a challenging experience, taking the right steps afterwards is critical for your safety, well-being, and legal protection. Remember to prioritize safety, document everything, exchange information carefully, seek witness statements, report the incident, and consult with a specialist. If you find yourself in need of guidance or representation, Mitchell & Danoff Law Firm, Inc is here to provide support and guidance. We invite you to reach out for a consultation, where we can discuss your situation in detail and explore the best path forward together. Your rights and recovery are our top priority.

The Benefits Of Witness Statements For Your Car Accident Claim

If you were injured in a car accident, having a witness for your claim can be incredibly beneficial. Call to see how he can help you and how a witness statement can change your claim.

Strengthening Your Case

Witness statements are invaluable in strengthening your car accident claim. When an impartial third party corroborates your version of events, it adds significant credibility to your case. Insurance companies and courts place considerable weight on these unbiased accounts, making it more likely that you’ll receive a fair settlement or judgment.

Providing an Objective Perspective

Unlike the involved parties, witnesses provide an objective perspective of the accident. Their statements can clarify who was at fault by detailing actions and behaviors leading up to the collision. This objectivity is crucial, especially in cases where the other driver disputes your account of the accident.

Filling in Missing Details

Accidents happen quickly, and it’s not uncommon for involved parties to miss key details due to the chaos of the moment. Witnesses, however, might notice and remember important elements that you did not see or recall. Their statements can fill in these gaps, creating a more complete and accurate picture of the accident.

Countering False Claims

If the other driver makes false claims about the accident, witness statements can be a powerful tool to counter these inaccuracies. By providing an independent account of the events, witnesses can refute false allegations and support your claim, ensuring that the truth is established.

Supporting Evidence Collection

Witness statements often complement other forms of evidence, such as photographs, videos, and police reports. When combined, these pieces of evidence can create a compelling case. The consistency between witness accounts and other evidence types reinforces the overall strength of your claim.

Accelerating the Claims Process

A well-documented witness statement can accelerate the claims process. Insurance companies prefer clear-cut cases with ample evidence, and solid witness statements can reduce the need for prolonged investigations. This can lead to a quicker resolution and faster compensation for your damages.

Enhancing Settlement Negotiations

Having strong witness statements can give you a significant advantage during settlement negotiations. Insurance adjusters are more likely to offer a fair settlement when faced with credible, corroborating evidence. This can prevent lowball offers and help you receive the compensation you deserve.

Increasing Credibility in Court

If your case goes to court, witness statements become even more critical. Judges and juries are heavily influenced by eyewitness accounts. Well-prepared and reliable witness statements can sway the court in your favor, increasing the likelihood of a favorable verdict.

San Jose Car Accident Infographic

San Jose Car Accident Statistics

According to NHTSA, more than 4,000 people are killed in car accidents each year in the state of California. Many victims who do survive crashes are left with serious injuries and long-term or permanent disabilities.

If you have been injured in an accident caused by another party, make sure you partner with our skilled accident lawyer to seek the financial compensation you may be entitled to for the losses your injuries have caused.

San Jose Car Accident FAQs

If you’ve been involved in a car accident, don’t underestimate the power of legal representation. Contact Mitchell & Danoff Law Firm, Inc today for a confidential consultation. Let us help you address your situation with confidence and seek the financial compensation you need to make a full recovery. Below are answers to some common questions we get from our clients. 

What Factors Influence The Amount Of A Car Accident Settlement In California?

Several factors influence the amount of a car accident settlement in California. The severity of the injuries sustained is a significant factor; more severe injuries typically result in higher settlements due to increased medical costs and longer recovery times. The degree of fault assigned to each party also plays a crucial role. If you are found partially at fault, your settlement may be reduced proportionally. Additionally, the impact on your ability to work and earn a living is considered, with compensation for lost wages and diminished earning capacity. Attorney Mitchell started his career working for aviation accident insurance defense firms, but has shifted his focus to protecting those who were injured. 

How Is Pain And Suffering Compensation Calculated In Car Accident Cases?

Pain and suffering compensation is calculated based on the physical pain and emotional distress caused by the accident. There are no fixed formulas, but insurance companies and courts often use methods like the multiplier method, where the total medical expenses are multiplied by a number between 1.5 and 5, depending on the severity of the injuries. Another approach is the per diem method, which assigns a daily rate for pain and suffering and multiplies it by the number of days you have experienced pain since the accident. 

Can I Claim Compensation For Lost Wages And Future Earning Capacity?

Yes, you can claim compensation for lost wages if your injury prevents you from working. This includes the income you would have earned during the recovery period. If your injury affects your ability to work in the future or forces you to take a lower-paying job, you may also be entitled to compensation for diminished earning capacity. This involves calculating the potential future income you would have earned if not for the injury. We work closely with economic and vocational experts to help you receive fair compensation for both lost wages and future earning capacity.

What Types Of Medical Expenses Are Covered In A Car Accident Settlement?

Medical expenses covered in a car accident settlement include all costs related to the treatment of your injuries. This covers emergency room visits, hospital stays, surgeries, doctor appointments, physical therapy, medications, and any necessary medical equipment or modifications to your home. Future medical expenses, such as ongoing treatment and rehabilitation, can also be included if they are likely to be needed.

Are Punitive Damages Available In Car Accident Settlements?

Punitive damages are not awarded in every car accident case. They are typically reserved for situations where the at-fault party’s behavior was particularly reckless or malicious, such as in cases of drunk driving or intentional misconduct. The purpose of punitive damages is to punish the wrongdoer and deter similar behavior in the future. If your case involves circumstances that might warrant punitive damages, we will thoroughly investigate and present the necessary evidence to support this claim. 

Why Should I Call The Police After A Car Accident?

Contacting the police after an accident creates an official record of the incident. Officers can document key details, such as the location of the accident, the parties involved, and any visible damage or injuries. This report is an important piece of evidence when filing a claim, as it provides an unbiased account of the event.

What Information Do Police Officers Include In Their Reports?

A police report typically includes details like the date, time, and location of the accident, as well as the names and contact information of the drivers and witnesses. It may also include observations about weather or road conditions, a description of the vehicles, and, in some cases, an officer’s opinion on fault. This information can be invaluable when dealing with insurance companies.

How Does A Police Report Help With My Car Accident Claim?

A police report can serve as a trusted source of information to support your claim. Insurance adjusters and courts often rely on these reports to verify what happened and identify potential liability. If there are disputes about fault or the circumstances of the accident, the report can help clarify the situation.

Can Police Officers Help Identify Witnesses?

Yes, police officers often collect the names and contact information of witnesses at the scene of the accident. This can save you the trouble of tracking them down later. Witnesses can provide additional support for your claim by corroborating your account of the incident or offering observations that you may not have noticed.

What If The Police Report Contains An Error?

If you notice an error in the police report, it’s important to address it as soon as possible. Contact the police department that issued the report and provide the correct information. While officers cannot always change their initial report, they may allow you to submit a statement or amendment. An accurate report is crucial for building a strong claim.

Get Help For Your Claim Now

If you or a loved one has been involved in a car accident, it’s important to understand your rights and the types of compensation available. At Mitchell & Danoff Law Firm, Inc, we are committed to helping you navigate the legal process and secure the compensation you deserve. Attorney Mitchell understands what it is like to be injured in a vehicle accident and knows firsthand how to help his clients. Contact our car accident lawyer in San Jose today for a consultation, and let us help you on your path to recovery.

San Jose Car Accident Glossary

At Mitchell & Danoff Law Firm, Inc, we work with individuals throughout San Jose who have been involved in vehicle collisions and need help understanding the legal process. Our goal is to make legal information more accessible and practical, especially for those seeking our car accident lawyer. Below, we’ve outlined several key legal terms that often come up in these cases, along with straightforward definitions to help you better understand how these may apply to your situation.

Comparative Fault

Comparative fault refers to how responsibility for a car crash is divided between the parties involved. In California, we follow a “pure comparative fault” system. This means that even if a person is partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by the percentage of their fault. For instance, if someone is found to be 20% responsible, their settlement would be reduced by that amount. This system allows us to pursue compensation for our clients even when fault is shared.

Rear-End Collisions

Rear-end collisions are among the most common types of traffic accidents. These happen when one vehicle crashes into the back of another, typically due to following too closely or failing to brake in time. While the trailing driver is often assumed to be at fault, there can be exceptions, such as when the leading vehicle stops suddenly without cause. Injuries from these collisions may include whiplash, back pain, and head trauma. Our team reviews these types of cases closely to determine fault and protect our clients’ interests.

Uninsured Motorist Claims

When an at-fault driver doesn’t carry liability insurance, the injured party may need to file an uninsured motorist claim through their own insurance provider. In California, uninsured motorist coverage is optional but highly recommended. This type of claim allows victims to recover compensation for medical expenses, vehicle repairs, and other losses even when the at-fault driver lacks coverage. We often help clients manage this process by reviewing policy details and making sure proper documentation is submitted.

Collision Report Review

A collision report, often referred to as a traffic accident report, is an official document created by law enforcement following a vehicle accident. It contains important information such as the date, time, location, involved parties, statements, and any citations issued. Insurance companies and attorneys use these reports when evaluating claims. In our work, we carefully examine these documents for accuracy and consistency, and we help correct any mistakes that may impact a claim’s outcome.

Medical Treatment Timeline

A medical treatment timeline refers to the documented sequence of care that an injured person receives following an accident. This includes initial emergency care, follow-up visits, physical therapy, and any surgical procedures. Insurance adjusters often review these timelines when deciding the value of a claim. Gaps in treatment or delays in seeking care can sometimes weaken a case. We advise clients to follow all medical advice and keep thorough records to support their claims effectively.

Mitchell & Danoff Law Firm, Inc, San Jose Car Accident Lawyer

1650 Zanker Rd #237, San Jose, CA 95112

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Speak With Our San Jose Car Accident Lawyer Today

If you’re unsure about what to do after a car accident, we’re here to assist. At Mitchell & Danoff Law Firm, Inc, we’re committed to helping you recover the compensation you deserve. We helped one client with severe injuries from a car accident win $5,600,000. Contact our San Jose car accident lawyer today to discuss your case and learn how we can support you during this process.