San Jose Personal Injury Lawyers
If you were injured in an accident in San Jose, our personal injury lawyers handle the insurance process and build your claim based on medical evidence and fault documentation. At the Law Offices of Kenneth C. Odiwe, we have handled over 1,000 injury cases across Santa Clara County and recovered more than $150 million for clients. Every case depends on the injuries involved, available proof, and insurance coverage, which is why we review each situation individually before advising the next step.
What to Do in the First 48 Hours After an Accident
Most people make critical mistakes in the first two days that cost them thousands later.
Hour 1-6: Medical attention comes first Get checked even if you feel fine. Many injuries—brain trauma, internal bleeding, soft tissue damage—don’t show symptoms for 24-72 hours. No ER visit means insurance will argue your injury wasn’t serious enough to warrant compensation.
Hour 6-24: Document everything you can
- Photograph your injuries, vehicle damage, and the accident scene
- Get witness names and phone numbers before they leave
- Request the police report number from the responding officer
- Avoid posting anything on social media—insurance companies monitor your accounts
Hour 24-48: Don’t talk to their insurance yet The other driver’s insurance will call quickly with a settlement offer. They’re hoping you don’t know what your case is actually worth. Don’t give recorded statements. Don’t accept money yet. Call us first—the consultation is free and we’ll tell you what to expect.
What NOT to do:
- Sign anything insurance sends you
- Tell adjusters “I’m fine” or “It wasn’t that bad”
- Admit any fault for the accident
- Delay seeing a doctor because bills concern you
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 crashes are one of the most common causes of injury in San Jose. Whether it’s a collision on Highway 101 or a crash on local streets, our car accidents lawyers handle insurance negotiations and fight for maximum compensation covering medical costs, lost wages, and long-term care.
Bicycle Accidents
Cyclists face high risks on busy San Jose roads. Our bicycle accidents team supports riders injured due to negligent drivers, unsafe road conditions, or vehicle collisions, working to recover medical expenses, lost wages, and damages for long-term recovery.
Truck Accidents
Due to their size and weight, truck accidents often cause devastating injuries. With years of experience, our lawyers know how to take on trucking companies, drivers, and insurers. We guide victims through the legal process, and our truck accidents representation ensures you are not left with the burden of these life-changing crashes.
Motorcycle Accidents
Motorcyclists face unique dangers on the road. Our motorcycle accidents attorneys represent riders who suffer serious injuries from negligent drivers and fight to recover damages for hospital bills, rehabilitation, and pain and suffering.
Slip and Fall Injuries
Unsafe properties cause countless falls each year. Whether it’s a wet floor in a grocery store or a broken stairway in an apartment complex, we pursue claims against negligent property owners. Our slip and fall injuries lawyers help victims secure fair compensation for medical treatment, lost wages, and emotional suffering.
Medical Malpractice
When trusted medical professionals make errors, the consequences can be catastrophic. Victims of misdiagnosis, surgical mistakes, or treatment errors deserve accountability. That’s why our medical malpractice team fights aggressively to protect patients and secure the justice they deserve.
Dog Bite Injuries
Dog attacks can cause both physical and emotional scars. Our dog bite injuries lawyers in San Jose work with victims to recover compensation for medical care, therapy, and long-term emotional impacts caused by these traumatic events.
Catastrophic Injuries
Severe injuries such as spinal cord damage, amputations, or traumatic brain injuries can permanently change lives. Through strong legal advocacy, our catastrophic injuries representation ensures victims receive the resources they need for lifelong care and financial stability.
Wrongful Death Cases
Losing a loved one due to someone else’s negligence is devastating. Our compassionate team of attorneys provides guidance and support throughout the legal process. Families can rely on our wrongful death cases representation to pursue justice and financial security during such a difficult time.
California Personal Injury Laws: What Victims Need to Understand
California law gives injury victims strong rights, but also sets strict rules that must be followed. Missing a deadline or misunderstanding liability laws can put your entire claim at risk. That’s why knowing the basics is critical before moving forward.
- Statute of Limitations: Two years to file most personal injury lawsuits; six months for government-related claims.
- Comparative Fault: You can still recover damages even if partly at fault, but your award is reduced by your percentage of fault.
- Negligence Standard: Most claims require proving duty of care, breach, causation, and damages.
- Strict Liability: In dog bite cases, owners are automatically responsible regardless of negligence.
- Premises Liability: Property owners must maintain safe conditions or face liability for unsafe premises.
- Product Liability: Manufacturers and sellers may be held responsible for defective or dangerous products.
- Wrongful Death: Families may pursue claims for financial losses, funeral expenses, and emotional suffering when negligence leads to death.
With experienced personal injury attorneys in San Jose on your side, you won’t have to worry about these complexities. We make sure deadlines are met and your full rights are protected.
Recent San Jose Settlements We've Secured
These are actual settlements we’ve obtained in Santa Clara County. Your result depends on injuries, fault percentages, and available policy limits.
Highway 101 Truck Accident: $8.5 Million Our client suffered spinal cord injury when a semi-truck merged into their lane near the Blossom Hill Road exit. Case involved the trucking company’s $5M policy plus umbrella coverage. Took 16 months to settle.
I-280/I-680 Interchange Motorcycle Crash: $4.2 Million Motorcyclist hit by driver who failed to yield while merging. Multiple fractures, two surgeries required. Insurance initially claimed rider was speeding—we proved otherwise with traffic camera footage. Settled after 14 months.
Downtown San Jose Pedestrian Case: $2.9 Million Our client was struck in a crosswalk near San Pedro Square. Traumatic brain injury requiring lifetime care. Medical liens totaled $380,000—we negotiated them down to $140,000, increasing our client’s net recovery by $240,000.
Capitol Expressway Wrongful Death: $3.7 Million Distracted driver killed a pedestrian near the Capitol Light Rail Station. Family recovered for lost financial support, funeral costs, and loss of companionship. Defendant had $1M policy plus personal assets we accessed through litigation.
How We Handle Cases in Santa Clara County Courts
We appear regularly at Santa Clara County Superior Court (190 W Hedding St) and the Hall of Justice Downtown San Jose. We’ve handled over 150 jury trials in Santa Clara County with a 92% success rate at trial.
Our pre-litigation investigation: We start working within 72 hours, before critical evidence disappears. We subpoena records that insurance companies try to hide. We hire experts immediately: accident reconstructionists, medical specialists, vocational rehabilitation experts, economists who calculate lifetime losses. We build comprehensive demand packages with 50-100 pages of documentation that prove liability and damages.
Why our court experience matters: Insurance adjusters in San Jose know which law firms actually try cases versus which always settle. When they see our demand letter, they know we’re prepared to go to trial if necessary. That’s why our pre-trial settlements average 3.2 times higher than insurance companies’ initial offers.
Our discovery phase approach: We depose drivers, eyewitnesses, and corporate representatives under oath. We request internal company documents showing safety violations and prior similar incidents. We force insurance companies to reveal true policy limits they initially hide. We use every legal tool to build the strongest possible case.
Most cases settle at mediation around month 15, once insurance sees our evidence lined up, expert witnesses prepared, and trial date set. They know taking cases to trial against prepared attorneys costs them far more than settling fairly.
Why Your First Settlement Offer Is Always Low
The 48-Hour Trap
Insurance calls before you’ve even seen a doctor: “We want to be fair—we’ll give you $7,500 right now, no lawyers needed.”
The problem: Most soft tissue injuries don’t show full symptoms for 7-14 days. Brain trauma can take weeks. That $7,500 seems great until your back spasms start two weeks later and you need $35,000 in treatment. Once you sign their release, you can’t reopen the case—even if you discover serious injuries later.
The Recorded Statement Setup
“We just need a quick statement for our file. Won’t take five minutes.” What they’re actually doing: Getting you to say “I feel fine” while you’re still in shock from the accident, making you guess about details you don’t clearly remember, recording you saying things like “maybe I didn’t see the stop sign.”
California law doesn’t require you to give recorded statements to the other driver’s insurance company. You must cooperate with your own insurance, but not theirs.
How They Inflate Your Fault
California’s comparative negligence law means insurance pays less if you share blame. They’ll claim you were 60% at fault to cut their payout in half, even when the actual split is 10% you, 90% them.
Real example: Your actual damages total $100,000. True fault is 10% you, 90% them—you should recover $90,000. They claim 60% fault on your part and offer $40,000. That’s a $50,000 difference.
We hire accident reconstructionists (cost: $5,000-$8,000) who analyze skid marks, vehicle damage, sight lines, and physics to prove correct fault percentages. This investment typically recovers an extra $40,000-$80,000 for our clients.
The Delay Tactic (Hoping You Get Desperate)
Insurance knows you have bills piling up. They take 6-8 months to “investigate” while you become more desperate for any payment.
Their standard timeline:
- Month 1: “We’re still reviewing the police report”
- Month 3: “We need additional medical records”
- Month 5: “We need your employment records now”
- Month 7: “Our best and final offer is $18,000”
Your medical bills and lost wages by month 7: Often $40,000 or more.
We set hard 30-day deadlines for responses. If they don’t meet deadlines, we file a lawsuit immediately. Lawsuits cost insurance companies $15,000-$30,000 in legal defense fees, so they suddenly become much more reasonable and cooperative.
What Determines Your Settlement Value
Insurance companies use a multiplier method: they take your medical bills and multiply by 1.5 to 5 depending on injury severity and permanence.
Examples:
- $50,000 medical bills × 3 multiplier = $150,000 settlement
- $10,000 medical bills × 3 multiplier = $30,000 settlement
Your multiplier increases with:
- Permanent impairment (based on doctor’s “permanent and stationary” report)
- Surgery required rather than just conservative treatment
- Long-term treatment needs and therapy
- Lost earning capacity if you can’t return to your previous job
Policy limits create absolute ceilings:
- California state minimum: $15,000 per person
- Average driver in San Jose: $50,000-$100,000
- Good coverage: $250,000-$500,000
- Commercial trucks: $1 million-$5 million
Real example: You have $200,000 in total damages, but the at-fault driver only carries $50,000 coverage. You’re limited to $50,000 from their insurance. You would need to access your own underinsured motorist coverage for the remaining $150,000.
Lost wages require solid documentation: You need an employer letter on company letterhead, pay stubs from before the accident, tax returns if self-employed, and a doctor’s note specifically restricting you from work. Without proper proof, insurance pays $0 for lost wages even if you actually missed work.
Month-by-Month: What Happens in Your Case
Months 1-3: Treatment and Documentation Phase You’re seeing doctors, getting MRIs, possibly starting physical therapy. We advise against settling during this period—you don’t know yet if you’ll need surgery. Most injuries that seem minor initially worsen by week 3-4 as inflammation develops.
Month 4: Building the Demand Package Once you finish treatment or reach maximum medical improvement, we compile a comprehensive package of 50-100 pages: all medical records, police report and photos, witness statements, lost wage documentation, and detailed legal analysis of liability and damages.
Months 5-6: Back-and-Forth Negotiation Insurance makes a lowball initial offer. We counter with evidence. They increase slightly. We counter again with more pressure. This typically happens 3-5 times.
Typical San Jose negotiation we handle: We demand $150,000 → They offer $35,000 → We counter $125,000 → They offer $60,000 → We counter $110,000 → Final settlement $85,000-$95,000
If they won’t negotiate fairly, we file a lawsuit.
Months 7-18: Litigation If Needed Only about 20% of our cases require filing a lawsuit. Timeline: We file complaint month 6, conduct discovery and document exchange months 6-12, take depositions months 12-15, attempt mediation month 15, proceed to trial months 18-24 if settlement doesn’t happen. Most cases settle at mediation once insurance sees our prepared evidence and expert witnesses.
Getting Your Settlement Check Once settled, you receive payment in 2-4 weeks. The insurance check comes to our firm, we pay off medical liens that providers placed on your case, take our attorney fee (33% if settled pre-lawsuit, 40% if lawsuit was filed), and send you the remaining amount.
Example breakdown: $100,000 settlement minus $30,000 medical liens minus $33,000 attorney fee = $37,000 net to you. We negotiate medical liens down by 40-50% on average, which increases your final recovery significantly.
Why Choose Our Law Firm for Personal Injury Cases?
When searching for the right San Jose Personal Injury attorneys, you want more than legal representation—you want trusted advocates. Here’s why clients choose us:
- Proven Results: Millions recovered in settlements and verdicts.
- Personalized Support: We listen to your story and tailor our strategy to your needs.
- Local Experience: We know San Jose courts, judges, and insurers.
- No Upfront Fees: You pay nothing unless we win your case.
- Compassionate Advocacy: We balance aggressive representation with genuine care for our clients.
At our San Jose Personal Injury Law firm, every client receives dedicated attention. You are never treated like just another case file.
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.
Call us today for a free consultation. Let our experience, dedication, and commitment to results help you move forward with confidence.
FREE CASE ASSESSMENT
FREE CASE ASSESSMENT
When You Probably Don't Need Our Help
We’ll be honest about cases that don’t benefit from legal representation. If you have $3,000 in medical bills, no permanent injury, and clear liability on the other driver, insurance might offer $6,000-$8,000. After paying medical liens and attorney fees, you’d net only $1,000-$2,000. You’re better off settling directly.
Other situations where hiring us might not help: You were clearly at fault (ran a red light, caused rear-end collision), your claimed injury doesn’t match the accident severity (minor fender-bender at 5 mph but claiming herniated disc), or you’re contacting us 1 year and 11 months after the accident (barely enough time to investigate properly before the statute of limitations expires). We turn down cases that don’t have realistic settlement potential. It’s better to know upfront than waste your time and ours.
Areas We Serve Throughout Santa Clara County
We handle cases throughout Santa Clara County including:
San Jose neighborhoods: Downtown, Willow Glen, Rose Garden, Almaden Valley, Silver Creek, East San Jose, Evergreen, North San Jose, Berryessa, Cambrian Park, South San Jose
Major accident corridors: Highway 101 (Mountain View to Morgan Hill—averaging 180+ injury accidents annually), I-280 (Los Altos Hills to Cupertino), I-680 (Milpitas to Fremont junction), Highway 85 (Saratoga to Mountain View), Capitol Expressway, San Tomas Expressway
Nearby cities: Santa Clara, Sunnyvale, Cupertino, Campbell, Los Gatos, Saratoga, Milpitas, Mountain View, Palo Alto
We appear regularly at Santa Clara County Superior Court at 190 W Hedding Street and the Hall of Justice in Downtown San Jose. Our familiarity with local judges, court procedures, and opposing counsel gives our clients a distinct advantage.
Common Questions About San Jose Injury Cases
Yes, absolutely. Many serious injuries—brain trauma, internal bleeding, herniated discs—don’t show immediate symptoms. Adrenaline from the accident masks pain initially. No emergency room visit means insurance will argue your injury wasn’t serious enough to warrant compensation.
Injuries that commonly appear days later: whiplash symptoms (3-7 days), concussion effects (1-2 weeks), back disc problems (2-3 weeks). Get checked within 24 hours even if you feel okay.
California gives you two years from the accident date for most personal injury cases. However, accidents involving government entities (city bus, county vehicle, state highway defects) have only six months to file an administrative claim with the government agency.
Minors (under 18) get until their 20th birthday (two years after turning 18).
We advise against waiting until the deadline approaches. Evidence disappears fast: security camera footage deletes after 30-90 days, witnesses move away or forget details, physical evidence at the accident scene changes, your own memory of events fades.
Police reports aren’t always accurate. Officers arrive after the accident, don’t witness what happened, and sometimes make mistakes about fault or facts.
We can submit corrections to the police report and supplement it with witness statements, photographs, and expert opinions. Reports influence insurance companies but aren’t final legal proof of fault. We’ve successfully overcome incorrect police reports many times by building stronger evidence.
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.
We’ve established relationships with medical providers throughout San Jose who treat injury victims on a “lien basis”—they don’t get paid until your case settles. No upfront costs to you.
This includes orthopedic surgeons at Silicon Valley Orthopedics, physical therapists at ATI locations throughout San Jose, MRI imaging facilities, pain management specialists, and neurologists.
The downside: Treatment on lien typically costs 30-40% more than standard insurance rates. The upside: You get treatment immediately instead of waiting months for health insurance approvals, and your case value increases with proper medical documentation.
We negotiate these medical liens down by 40-50% on average after your case settles, which significantly increases your net recovery.
Contact Our San Jose Personal Injury Lawyers Today
Phone: (669) 315-4431)– Available 24 hours, 7 days a week
Email: info@kennethodiwelaw.com
Office: [2880 Zanker Road, Suite 203, San Jose, CA 95134]
Languages: English, Spanish
Free case review with no obligation. We’ll tell you honestly if you have a case worth pursuing, provide an estimated settlement range based on similar cases we’ve handled, and explain what challenges you’ll face. You pay nothing unless we recover compensation for you.
Most injury victims in San Jose have questions: How much is my case worth? How long will it take? What if I was partly at fault? Should I accept the insurance company’s offer? Call us now and get straight answers from experienced attorneys who know Santa Clara County courts and insurance companies.