1. Habbas & Associates
Focus Area: Personal Injury and Wrongful Death Litigation
Practice Areas: Car accidents, drunk driving accidents, truck accidents, motorcycle accidents, pedestrian accidents, slip and fall cases, premises liability, wrongful death
Background: The firm has over 200 years of collective attorney experience and has recovered more than $300 million for clients. The team has built a reputation for aggressive representation in serious injury cases throughout Santa Clara County and the greater San Jose area.
Location: San Jose, California (Santa Clara County)
Contact: (888) 387-4053 | https://www.habbaslaw.com/
Consultation: Free initial consultations offered. The firm operates on a contingency fee basis, meaning clients pay nothing unless the case is won.
2. Harris Personal Injury Lawyers
Focus Area: Accident and Injury Victim Representation
Practice Areas: Car accidents, bike accidents, bus accidents, truck accidents, motorcycle accidents, Uber and Lyft accidents, scooter injuries, airplane accidents, boat accidents, train accidents, spinal cord injuries, severe burn injuries, wrongful death
Background: The firm has helped more than 5,000 clients across California and has recovered over $300 million in settlements and court awards. They have years of experience with complex multi-party accident cases and insurance claim disputes.
Location: San Jose, California (with multiple California offices)
Contact: 1-800-GO-HARRIS | https://harrispersonalinjury.com/san-jose/
Consultation: Free consultations available. No fees charged unless compensation is recovered.
3. The Boccardo Law Firm
Focus Area: Serious Personal Injury and Wrongful Death Cases
Practice Areas: Workplace injuries, car accidents, truck accidents, wrongful death, product liability, premises liability, catastrophic injuries
Background: The firm has operated in California for over 80 years and has established a track record of record-setting results. They have the experience and resources to challenge major corporations and insurance companies in complex litigation matters.
Location: 111 West St. John St., Suite 400, San Jose, CA 95113
Contact: (408) 298-5678 | Toll Free: 1-800-662-9807 | https://www.boccardo.com/
Consultation: Free consultations provided for injury victims and their families throughout San Jose, the San Francisco Bay Area, and Northern California.
4. Caputo & Van Der Walde
Focus Area: Personal Injury and Wrongful Death Litigation
Practice Areas: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, wrongful death, catastrophic injuries, insurance bad faith
Background: The firm has over 65 years of combined attorney experience. Their attorneys have been recognized by Super Lawyers and The National Trial Lawyers among the top 100, and hold AV Preeminent ratings from Martindale-Hubbell. The firm has recovered millions of dollars in verdicts and settlements for clients impacted by serious injuries.
Location: San Jose and Campbell, California
Contact: https://www.vanderwalde.com/
Consultation: Free, no-obligation consultations offered. The firm represents clients on a contingency fee basis, collecting no fees unless compensation is recovered.
5. Solution Now Law Firm
Focus Area: Auto Accident and Personal Injury Representation
Practice Areas: Car accidents (including rental vehicles, Uber, Lyft, hit and run, DUI-related), motorcycle accidents, truck accidents, pedestrian accidents, wrongful death
Background: Founded by Jimin Oh, the firm has developed a client-focused approach combining legal representation with individualized attention. The attorneys have experience with the local Santa Clara County court system and maintain relationships with nearby medical professionals and investigators.
Location: San Jose, California (serving Santa Clara County and the greater Bay Area)
Contact: https://solutionnowlawfirm.com/
Consultation: Free consultations available. The firm works on contingency, meaning no upfront costs to clients.
Personal Injury Laws in California
Statute of Limitations
California law provides a two-year statute of limitations for personal injury claims. This means injured parties must file a lawsuit within two years from the date the injury occurred. For wrongful death claims, the two-year period begins from the date of death rather than the date of the incident. Property damage claims have a three-year statute of limitations.
Exceptions to the standard deadline include:
The “discovery rule” allows the clock to start when an injury is discovered or reasonably should have been discovered, which is relevant in cases involving latent injuries or medical malpractice. Minors have until their 20th birthday to file, as the statute of limitations is “tolled” (paused) until they turn 18. Claims against government entities require filing an administrative claim within six months of the injury.
Negligence Rules
California follows a “pure comparative negligence” system. Under this rule, an injured party can recover damages even if they share fault for the accident. However, the compensation is reduced by the percentage of fault attributed to them. For example, if a plaintiff is found 30% at fault for an accident with $100,000 in damages, they would receive $70,000. Unlike some states, California does not bar recovery even if the plaintiff is more than 50% at fault.
Damage Caps
California does not impose a universal cap on personal injury damages. However, specific caps apply in certain situations:
Medical malpractice cases are subject to the Medical Injury Compensation Reform Act (MICRA). As of 2023, MICRA caps non-economic damages (pain and suffering) at $350,000 for injury cases and $500,000 for wrongful death cases. These caps increase annually until reaching $750,000 and $1,000,000 respectively by 2034, then continue increasing 2% yearly for inflation.
Uninsured drivers in California are generally barred from recovering non-economic damages after a car accident, even if the other driver was entirely at fault.
Auto Insurance Requirements
California is an at-fault state for auto insurance purposes. As of January 1, 2025, the minimum required liability coverage is:
$30,000 for bodily injury or death to one person per accident, $60,000 for bodily injury or death to multiple persons per accident, and $15,000 for property damage per accident.
This is commonly referred to as 30/60/15 coverage. Comprehensive and collision coverage are optional but may be required by lenders for financed vehicles. Uninsured/underinsured motorist coverage must be offered by all insurers but can be declined in writing.
Frequently Asked Questions
What happens if I was partially at fault for my accident in San Jose?
California’s pure comparative negligence rule allows you to recover compensation even if you contributed to the accident. Your recovery will be reduced proportionally to your share of responsibility. If you were found 25% responsible for a collision at a San Jose intersection, for instance, you would receive 75% of your total damages. Unlike neighboring states, California has no threshold that bars recovery entirely based on your fault percentage.
How do I file a claim if a San Jose city bus or VTA vehicle injured me?
Claims against Santa Clara Valley Transportation Authority (VTA) or city-operated vehicles require following government tort claim procedures. You must file an administrative claim with the relevant agency within six months of the incident. The agency has 45 days to respond. If denied, you then have six months from the denial to file a lawsuit, or if they do not respond, you proceed under the standard two-year limitation. Missing the initial six-month administrative deadline can permanently bar your claim.
Does California require uninsured motorist coverage?
California insurers must offer uninsured/underinsured motorist coverage to all policyholders, but drivers can decline it in writing. Given that a significant percentage of California drivers operate without insurance, many attorneys recommend maintaining this coverage. If an uninsured driver hits you, your own uninsured motorist coverage would pay for your injuries up to your policy limits.
Are there caps on what I can recover for pain and suffering in a San Jose car accident case?
For standard car accident and personal injury cases in California, there is no cap on non-economic damages like pain and suffering. You can potentially recover the full amount a jury awards. Caps only apply in specific contexts such as medical malpractice claims or cases involving uninsured plaintiffs. However, your actual recovery is limited by the at-fault party’s insurance coverage and personal assets.
What if I cannot afford a personal injury attorney in San Jose?
Personal injury attorneys in San Jose and throughout California typically work on a contingency fee basis. This arrangement means the attorney receives a percentage of your settlement or verdict rather than charging hourly fees. If no compensation is recovered, you owe no attorney fees. This structure allows injured individuals to access legal representation regardless of their financial situation. Initial consultations are generally free.