San Jose Personal Injury Lawyer
A serious accident can change your life in seconds. Suddenly, you’re dealing with medical treatment, lost income, and insurance companies that are more focused on minimizing payouts than helping you recover. If your injuries were caused by someone else’s negligence, you deserve a law firm that will protect your rights from day one.
At the Law Offices of Kenneth C. Odiwe, we bring 9 years of legal experience to personal injury cases across California. Led by Kenneth C. Odiwe (California State Bar No. 315109), we fight for injured individuals and families seeking the compensation they deserve.
As San Jose personal injury lawyers, we take the time to understand your situation, investigate the accident thoroughly, negotiate with the insurance company, and build a case backed by strong evidence. Every claim is handled on a contingency fee basis, so you pay nothing unless we recover compensation for you.
If you’ve been injured because of someone else’s negligence, contact us for a free consultation. We’ll review your case, explain your options, and help you move forward with confidence.
FREE CASE ASSESSMENT
Call or Text Us — 24 Hours a Day, 7 Days a Week
Free case review. No fee unless we win. No upfront costs.
What We Have Won for San Jose Clients
We believe in showing you results, not just promising them. Here are examples of what our firm has recovered for real people in San Jose and Santa Clara County. Every case is different, and past outcomes do not guarantee the same result for your case — but they do tell you something important about how seriously we fight.
Recovery | Case Type | Details |
Multi-Million Dollar Award | Police Misconduct / Civil Rights | San Jose resident suffered serious injuries during a law enforcement encounter in Santa Clara County. Kenneth pursued both civil rights and personal injury claims simultaneously — a combination most personal injury firms cannot offer. |
Significant Six-Figure Settlement | Car Accident — North San Jose, I-280 | Client rear-ended near the I-280/Highway 101 interchange suffered herniated discs requiring surgery. Insurance offered far less. We took over, built the full damages picture, and recovered every dollar our client needed. |
Seven-Figure Recovery | Wrongful Death — Santa Clara County | A San Jose family lost their father in a collision caused by a negligent driver. We pursued the full value of his life — lost income, companionship, and the financial support his children depended on. |
Six-Figure Settlement | Catastrophic Workplace Injury | A worker in San Jose’s North First Street industrial district suffered a permanent spinal injury. Beyond workers’ compensation, we identified and pursued a third-party liability claim against the equipment manufacturer. |
Significant Recovery | Motorcycle Accident — Almaden Expressway | A San Jose motorcyclist suffered multiple fractures and road rash after being cut off by an inattentive driver. The insurer blamed the rider. We proved otherwise and recovered full compensation including future medical care. |
You can see more on our Case Results page. If you want to know what a case like yours might be worth, call us. That conversation is free and comes with no obligation.
About Attorney Kenneth C. Odiwe
Kenneth Odiwe is not the kind of personal injury attorney you see on highway billboards. Raised in Vallejo, California, he understands how quickly an unexpected injury can change a person’s life and how difficult it can be to stand up against powerful insurance companies or institutions.
After earning his law degree from Golden Gate University School of Law, Kenneth began his legal career at the Law Offices of John L. Burris, one of California’s most respected civil rights and personal injury firms. The experience he gained there continues to shape the way he investigates cases and advocates for his clients.
Today, with 9 years of legal experience, Kenneth represents injured individuals and families from our San Jose office. He is admitted to practice in California courts and the U.S. District Court for the Northern District of California and is licensed under California State Bar No. 315109.
What sets Kenneth apart is his experience handling both personal injury and civil rights matters. When a case involves a government agency or public institution, that broader perspective can uncover legal claims that other firms may overlook and help pursue the full compensation our clients deserve.
Kenneth C.
Odiwe, PC
Awards & Recognitions
Types of Personal Injury Cases We Handle in San Jose
At our Personal Injury Cases Law Firm in San Jose, we represent clients across a wide range of accidents and injury claims. Every case is unique, but our approach remains the same: careful investigation, strategic advocacy, and a relentless pursuit of results.
Car Accidents
Car accidents are one of the leading causes of serious injuries in San Jose. Whether the crash happened on Highway 101, I-280, or a local road, our firm helps injured victims pursue the compensation they deserve. Learn more about our approach on our dedicated Car Accident Lawyer page.
Wrongful Death Cases
Losing a loved one because of someone else’s negligence is one of the most difficult experiences a family can face. If your family is considering legal action after a preventable death, our firm can help you understand your rights and pursue justice. Learn more on our dedicated Wrongful Death Lawyer page.
Bicycle Accidents
Cyclists have little protection in a collision with a motor vehicle, making even low-speed crashes potentially life-changing. If you were injured because of a negligent driver or unsafe road conditions, our firm can help you pursue compensation for your losses. Learn more on our dedicated Bicycle Accident Lawyer page.
Truck Accidents
Truck accidents often result in catastrophic injuries because of the size and weight of commercial vehicles. If you were hurt in a crash involving a semi-truck or other large commercial vehicle, our firm can help you pursue the compensation you deserve. Learn more on our dedicated Truck Accident Lawyer page.
Motorcycle Accidents
Motorcycle accidents often lead to severe injuries because riders have very little protection in a collision. If you were injured due to a negligent driver, our firm can help you pursue the compensation you deserve. Learn more on our dedicated Motorcycle Accident Lawyer page.
Slip and Fall Injuries
Property owners have a legal responsibility to keep their premises reasonably safe for visitors. If you were injured in a slip and fall caused by unsafe conditions, our firm can help you pursue the compensation you deserve. Learn more on our dedicated Slip and Fall Lawyer page.
Medical Malpractice
Patients trust medical professionals to provide safe and appropriate care. When that trust is broken by a preventable medical error, the consequences can be life-changing. If you were harmed by negligent medical treatment, our firm can help you understand your legal options. Learn more on our dedicated Medical Malpractice Lawyer page.
Dog Bite Injuries
Dog attacks can result in serious physical injuries, scarring, and emotional trauma. If you or a loved one was bitten by a dog, our firm can help you understand your rights and pursue the compensation available under California law. Learn more on our dedicated Dog Bite Lawyer page.
Catastrophic Injuries
Catastrophic injuries can have lifelong consequences, affecting a person’s health, independence, and ability to work. If you or a loved one suffered a serious injury such as a traumatic brain injury, spinal cord injury, or amputation, our firm can help you pursue the compensation needed for long-term care and future needs. Learn more on our dedicated Catastrophic Injury Lawyer page.
What Our Personal injury Clients Say
Awards and Recognition
AV Preeminent® — Martindale-Hubbell
Highest peer-reviewed rating for legal ability and ethics
National Trial Lawyers — Top 100
Selected among California’s top 100 trial attorneys
Best Lawyers® — One to Watch
National recognition for civil rights and personal injury law
Top 10 — Wrongful Death Settlements, CA (2020)
Outstanding wrongful death outcomes statewide
Top 100 — Personal Injury Settlements, CA (2022)
Top 100 personal injury outcomes in California
40 Under 40 — Rising Legal Talent, California
Recognized among California’s top emerging attorneys
California Personal Injury Law — What San Jose Victims Need to Know Before They Do Anything Else
Most people who are injured in San Jose do not think about legal deadlines until weeks later. By then, some critical evidence may already be gone. Here is the essential legal framework every accident victim in Santa Clara County should understand from day one.
1
The Two-Year Deadline — And Why Six Months Matters More for Some Cases
California gives most personal injury victims two years from the date of the accident to file a lawsuit (CCP § 335.1). That sounds like enough time, and for many cases it is. But if your accident involved any government entity — the City of San Jose, Santa Clara County, VTA, a public school, San José State University, or any other public agency — you have just six months to file an administrative claim before any lawsuit can proceed. Missing that six-month window almost always means losing your right to any recovery, regardless of how clear the liability is. We have seen people come to us at month seven and there is nothing we can do. Do not let that happen to you.
2
You Can Still Recover Even If You Were Partly At Fault
California follows pure comparative fault (Civil Code § 1714). If you were partially responsible for the accident, your recovery is reduced — not eliminated. If you are found 30% at fault in an accident where your damages are $200,000, you recover $140,000. The problem is that insurance companies know this rule extremely well. They spend a lot of energy trying to assign as much fault to you as possible. Their internal notes on your case start the day of the accident. Having personal injury attorneys in San Jose who understand this dynamic — and know how to counter it — protects the real value of your claim.
3
What You Can Recover in a California Personal Injury Case
The damages available in a California personal injury case are broader than most people realize. Economic damages — medical bills, lost wages, future lost earning capacity, property damage, future care costs — are calculable numbers. Non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life, PTSD — are equally valid but harder to put a number on. California does not cap non-economic damages in most personal injury cases. That is a significant protection for seriously injured victims.
In cases involving extreme or reckless conduct, punitive damages may also be available — not to compensate you, but to punish the defendant and deter others. We evaluate punitive damage exposure in every case we take.
4
Dog Bites — Strict Liability in California
Under California Civil Code § 3342, dog owners are strictly liable for bites that occur in public or any place the victim was lawfully present. California does not require the victim to prove the dog had a prior bite history. Ownership equals responsibility. Period.
5
Government Entity Claims — A Different Process Entirely
Claims against the City of San Jose, Santa Clara County, VTA, SJSU, or any other public agency go through the California Government Claims Act (Government Code § 910). Before filing suit, you must file an administrative claim with the responsible agency. The agency has 45 days to respond. If it is rejected or ignored, you then have six months to file a lawsuit. This process has its own procedural traps, and mistakes are permanent. If your accident involved a city bus, a pothole the city knew about, a public school, or any government-owned property, call us before doing anything else.
What to Do After an Accident in San Jose
The right actions in the first 24 to 72 hours after an accident in San Jose can have a bigger impact on your case than almost anything that happens later. Here is what we tell every client who calls us:
1 | Call 911. Get a police report. This is the official record that every insurance company, defense attorney, and court relies on. Do not let the other driver talk you out of it. |
2 | Do not admit fault. Do not say sorry. Do not speculate about what happened. In the days after a crash, adrenaline distorts memory, and anything you say will be documented and used. |
3 | Photograph everything before you move your car. Vehicle positions, impact points, skid marks, traffic signals, road conditions, the other driver’s license plate. Traffic cameras near Diridon Station, Downtown San Jose intersections, and major freeway ramps can be requested, but they are overwritten within 24 to 72 hours if we do not act fast. |
4 | Get witness names and phone numbers. People move on quickly in busy San Jose locations. A witness from the scene of an accident near the SAP Center or Santana Row who you did not get contact information for may be impossible to find a month later. |
5 | See a doctor that same day — even if you feel okay. Insurance companies use gaps in treatment against you. And conditions like herniated discs, TBI, and internal injuries do not always produce obvious symptoms immediately. |
6 | Do not give a recorded statement to any insurance company without an attorney present. Not yours, not theirs. Adjusters are skilled at asking questions designed to get you to say something that reduces your claim. |
7 | Save everything — damaged clothing, medical bills, text messages, your own daily notes about pain levels and how the injury affects your life. This documentation becomes evidence. |
8 | Call us at (669) 315-4431. We handle everything from this point forward. You should be focusing on healing — not on insurance companies, preservation notices, and claims deadlines. |
How Our Personal Injury Law Firm in San Jose Actually Works
A lot of firms will tell you they fight for you. Here is specifically what that looks like when you hire the Law Offices of Kenneth C. Odiwe:
You call us — we answer.
Most San Jose personal injury law firms route you through a call center. We do not. Kenneth is reachable, and his team responds the same day.
We open your case immediately.
Within 24 hours of your first call, we begin sending preservation letters, requesting police reports, and identifying all potential liable parties.
We gather evidence before it disappears.
City of San Jose traffic camera footage, business surveillance video, black box data from commercial vehicles, and accident scene photographs deteriorate or get overwritten fast. We move before that happens.
We manage every communication with insurance companies.
You tell them nothing without us. We control the narrative from day one.
We connect you with medical care if you need it.
We work with trusted Santa Clara County medical providers who treat injury patients on a lien basis — meaning no upfront payment while your case is active.
We negotiate hard — and litigate if we have to.
We know what Santa Clara County juries have awarded in cases like yours. That knowledge is our leverage in every negotiation. If an insurer refuses to pay fairly, we file suit.
We account for every dollar you have lost and will lose.
Medical bills today are just the beginning. Future surgery, lost career earning potential, permanent disability, and years of pain and suffering are all quantifiable — and all recoverable.
FREE CASE ASSESSMENT
Why San Jose Injury Victims Choose Our Firm Over Larger Competitors
There are many personal injury attorneys in San Jose. Some of them spend millions on advertising. Some of them have dozens of attorneys handling hundreds of cases at once. Here is why people who do their research often choose us instead:
Civil Rights + Personal Injury — A Combination That Matters
Most San Jose personal injury attorneys do not practice civil rights law. Kenneth does both. If your injury involves a government actor, a law enforcement officer, or a public institution in Santa Clara County, he can pursue both types of claims at once — often producing a significantly larger total recovery.
Trained at John L. Burris — Not a Marketing Firm
John L. Burris is one of the most respected civil rights and personal injury attorneys in California. Kenneth trained there. He learned litigation from the inside of complex, high-stakes cases — not from a settlement assembly line.
You Get Kenneth — Not an Associate
Large billboard firms sign you up, then assign your case to someone with two years of experience. Kenneth personally handles his cases. You will have direct access to your actual attorney throughout your case.
Local Knowledge That Translates to Better Outcomes
Kenneth knows Santa Clara County Superior Court. He knows the judges. He knows the defense firms and insurance companies active in this market. That is not something a firm advertising from Los Angeles or Chicago can offer you.
No Fee Unless We Win — Truly
We advance all costs of your case — investigation, expert fees, filing fees, everything. You pay nothing unless we recover money for you. If we lose, you owe us nothing. Zero.
Available 24/7 — Not a Promise, an Actual Policy
Accidents do not happen during business hours. Our line at (669) 315-4431 is answered around the clock. When you call the night of your accident, someone who knows what to do will be there.
Why Choose Our San Jose Personal Injury Law Firm?
Choosing the right San Jose personal injury lawyer can affect how your claim is investigated, valued and negotiated.
At the Law Offices of Kenneth C. Odiwe, we bring nearly a decade of legal experience to personal injury and serious accident cases.
We take time to understand how your injuries have affected your health, income, family and future.
Our goal is to protect your rights and build a claim supported by clear evidence.
- Nearly a Decade of Legal Experience: Attorney Kenneth C. Odiwe has approximately nine years of experience handling personal injury, civil rights and serious injury matters.
- Direct Attorney Involvement: Your case receives personal attention from Attorney Kenneth C. Odiwe, who remains involved in the investigation, legal strategy and major decisions.
- Evidence-Focused Case Preparation: We collect accident reports, medical records, photographs, video footage, witness details and insurance documents to support your claim.
- Local San Jose Experience: Our firm serves injured clients throughout San Jose and Santa Clara County and understands local court procedures and common insurance defence tactics.
- Clear and Consistent Communication: We explain the legal process, discuss your available options and keep you informed as your claim progresses.
- No Upfront Attorney’s Fee: Accepted personal injury cases are handled under a written contingency fee agreement, so an attorney’s fee is collected only if compensation is recovered.
- Prepared for Negotiation or Litigation: We negotiate with insurers using the available evidence and can evaluate filing a lawsuit when a fair settlement is not offered.
At our San Jose personal injury law firm, you are treated as a person, not another case number. You receive direct support, clear guidance and representation focused on protecting your recovery.
Contact the Law Offices of Kenneth C. Odiwe today for a free and confidential case review.
Common Questions About San Jose Injury Cases
About 20% of California drivers are uninsured despite it being illegal. Your options:
Use your uninsured motorist (UM) coverage: This pays up to your policy limits. If you have $100,000 UM coverage, that’s your maximum recovery.
Sue the driver personally: Problem is most uninsured drivers have no assets. Winning a $150,000 judgment against someone with no job or property means you can’t actually collect the money.
Check if anyone else is liable: Was the uninsured driver working at the time? Their employer might have coverage. Was the car borrowed? The owner’s insurance might apply under permissive use.
Yes. California uses “pure comparative negligence”—you can recover damages even if you’re 99% at fault, but your award decreases by your fault percentage.
Example: You’re 30% at fault, other driver 70% at fault. Total damages are $100,000. You recover $70,000.
Insurance companies will try to inflate your fault percentage to pay less. They might claim you’re 70% at fault when it’s actually 30%. Fighting over that 40% difference means fighting for $40,000 in recovery.
Almost never. Settlements include a legal release waiving all future claims related to the accident. Once signed, it’s permanent—even if you discover worse injuries later.
Very rare exceptions: Insurance committed fraud (intentionally hid information), or your settlement specifically reserved rights for unknown future injuries. This is why we wait until you reach maximum medical improvement before settling.
For most accidents, California gives you two years from the date of injury to file a lawsuit (CCP § 335.1). But if your claim involves any government entity — the City of San Jose, Santa Clara County, VTA, or a public university — you have just six months from the incident date to file an administrative claim. That six-month deadline passes fast when you are dealing with injuries, medical appointments, and lost work. Call us immediately after any accident. Waiting is the most common and most costly mistake injured people make.
That depends entirely on the specifics of your situation — the severity of your injuries, how clear the liability is, how much insurance coverage exists, and what your life looks like long-term after the accident. Compensation can cover all medical costs past and future, lost wages, reduced earning capacity, vehicle damage, pain and suffering, emotional distress, and in serious cases, punitive damages. California does not cap these in most personal injury cases. Call us for a free evaluation. We will give you an honest answer based on actual facts, not a sales pitch.
You can still recover. California’s pure comparative fault rule means your award is reduced by your percentage of responsibility — not eliminated. If you are 30% at fault and your damages are $150,000, you recover $105,000. The problem is insurance companies push hard to inflate your fault percentage, because every point they add reduces what they owe. We know exactly how they do this, and we know how to counter it with evidence.
You can technically handle a personal injury claim without a lawyer. You can also do your own plumbing. The question is whether it is a good idea. Insurance adjusters are professionals whose job is to pay you as little as possible. They do it all day, every day. They know California law. They know the value of your injuries better than you do — and they will use that knowledge against you. Studies consistently show that represented accident victims receive substantially more compensation than unrepresented claimants, even after attorney fees. Call us before making any decisions.
Straightforward cases with clear liability and documented injuries can settle in three to six months. Cases with disputed liability, serious injuries, or uncooperative insurers may take one to two years. Cases that go to trial in Santa Clara County Superior Court typically take two to three years from filing. We never delay your case unnecessarily, and we keep you informed at every stage so there are no surprises.
Almost always, no. Early offers come before the full extent of your injuries is understood — before you know whether surgery will be needed, whether you will recover fully, or how long you will be out of work. Once you accept and sign a release, that door closes permanently. We review settlement offers for free. Before you sign anything, call us.
It means exactly what it sounds like. We work on a contingency fee basis. We advance all costs — investigation, expert consultants, filing fees, everything. We take nothing up front. Our fee is a percentage of the recovery, collected only when we win or settle your case. If we recover nothing for you, you pay nothing. This means access to the same quality of legal representation regardless of your financial situation.
California requires drivers to carry liability insurance, but many do not. If the at-fault driver is uninsured or underinsured, we pursue your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage — California requires this to be offered in every auto policy. We also investigate other potentially liable parties: the vehicle’s owner if different from the driver, an employer if the driver was working, a government entity if road conditions contributed, or a manufacturer if a vehicle defect played a role.
Yes — and it is one of the most meaningful differences between our firm and most other San Jose personal injury attorneys. Kenneth practices both areas of law. If your injury involves any government actor, law enforcement officer, or public institution in Santa Clara County, we can pursue both a personal injury claim and a civil rights claim simultaneously. That dual track often produces a significantly higher total recovery than a personal injury claim alone.
Contact Us for a Free Case Review
You don’t have to face this fight alone. At the Law Offices of Kenneth C. Odiwe, our team of experienced Personal Injury Lawyers in San Jose is here to guide you through every step of the process. With a proven record of results, compassionate advocacy, and relentless pursuit of justice, we’re ready to stand by your side.
Let our experience, dedication, and commitment to results help you move forward with confidence.