The process can be confusing, particularly when you’re injured and in pain.

If your car was hit in California and the insurance won't pay, you've come to the right place. You may start feeling like you’ve done something wrong. At The Swanson Law Group, our talented automobile accident lawyers in San Jose take on the insurance companies and pursue the compensation you need. We maintain a strong focus on serving the Hispanic community, as we have seen how insurance companies bully them. Ben Swanson and his legal team have the utmost respect for the Hispanic community and their values, and we are here to make the bullying stop.

California law and compensation: Your rights

California allows a person who has sustained injuries in an accident to seek compensation from the at-fault driver. The method to get compensation starts with filing an insurance claim with the at-fault driver’s auto insurance company. Unfortunately, this is usually when a case goes off the rails. It starts with a call from the at-fault driver’s insurance company. 

Be aware of the risks when speaking to an insurance company

The insurance adjuster will engage the injured person in conversation to attempt to get them to admit anything that could reduce the value of a claim. It is strongly advised that you are represented by a car accident lawyer in San Jose who will speak with the insurance adjuster for you to help you avoid the risks. Even if you start getting blasted with calls from the insurance company, wait and let us handle it. The insurance company is trying to minimize your injuries and bully you into taking a few thousand dollars, without knowing the nature and extent of your injuries. After we step in, the harassment will stop and you’ll be able to focus on getting your health back.

The Swanson Law Group and your compensation

At our firm, our first goal is to connect with you to see that we genuinely understand what you’re going through, and to let you know that you are not alone. Goal number two is to understand your injuries and give you access to excellent doctors to help you on the path to recovery. If you need money while waiting for your case to resolve, we can provide it.

You focus on your health while we focus on making sure the insurance company comes through with the compensation you deserve. If they don’t make a fair offer, we file a lawsuit to pursue justice in court. The last thing insurance companies want is to go to trial, and they are often willing to overpay our clients so they can avoid embarrassment in front of a jury.

What to do after a car accident

If you were injured in a car accident, what you do next has everything to do with the amount you are given in a settlement. We advise you to take these steps:

  • Get medical treatment. Even if you don’t think you are seriously hurt, you must get a full medical assessment. Closed head injuries can be fatal but do not involve any pain, so they must be identified very soon after an accident. When you are in an accident, your body releases adrenaline. This hormone suppresses pain and energizes the body. When it wears off, you could find yourself in serious pain. Ensure you see a doctor and explain what happened to you.
  • Call 911: The police will investigate the accident and create a report. This report can be an important piece of evidence to support your insurance claim. Be respectful and answer their questions with basic facts without admitting fault.
  • Take photos: Use your phone to take pictures of your injuries, the vehicles, and skid marks on the roadway. 
  • Gather any information you can: If you are able, get the contact names and numbers of the at-fault driver and any witnesses to the collision.
  • Follow doctor’s advice: Arrive for any scheduled medical appointments, and ensure you follow all advice from your doctor. 
  • Put it in writing: Write down everything you can remember about what happened. Keep a written record of your injuries, pain, and treatments.
  • Call a car accident lawyer: The last thing you need is trouble getting compensation. With the help of our attorneys at The Swanson Law Group, you can focus on your recovery while we fight for the compensation you deserve.
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The California Statute of Limitations

Under state law, you have a limited time in which to file a lawsuit. This is called the Statute of Limitations. If you do not file within the time limits, you will be forever barred from seeking justice in civil court. You have two years from the time of the accident to file a lawsuit, but the work starts immediately after the accident. With time, memories fade, witnesses can be hard to find, and evidence may be destroyed. When you have legal representation, the critical evidence in your case will be obtained and preserved.

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How much is your case worth?

Valuing your case requires an in-depth investigation into the facts. The losses you have experienced will each be given a dollar value. You have the right to seek damages, including:

Economic damages

These damages are the costs associated with medical care and treatment, nursing care, rehabilitation, surgeries, ambulance costs, medications, transportation, lost wages, lost earning capacity, and many other hard costs related to how the injuries have impacted your life.

Non-economic damages

These damages are more personal and reflect the pain and suffering, emotional anguish, and the anxiety and stress of being unable to function in everyday tasks. The emotional toll of an accident must be given a dollar value, and is often the highest portion of a settlement. These damages are that important.

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Filing an insurance claim in California

You will be required to inform your auto insurance company about what happened. They will contact the insurance company of the at-fault driver. This is when you could encounter a problem because the insurance company is a for-profit company, and they work hard to pay out as little as they can for the benefit of their stockholders. In any case involving serious injuries, it is essential to ensure you have legal representation to deal with the insurance company so that you avoid saying anything that they may use to lower the value of your settlement. 

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Why settle for just winning when you can win BIG?

The Swanson Law Group is not your ordinary law firm. We win for you. We take a unique approach when seeking compensation for our clients. To get an idea of how we operate, look over an excerpt of one of our insurance letters:

“Got your letter. Your company has had more than enough information to reasonably determine that the value of this case far exceeds the available policy limits of your insured. Attached are my last two one-level fusion surgery cases that the carriers allowed to go to a jury. Neither case had a wage-loss component, and both verdicts were over 3.8M. This letter will serve as my client’s final policy-limits demand. It expires in 15 days. I appreciate that we live in different spheres. One of the habits that most carriers develop is to undervalue cases until it is too late. Capitalizing on this mistake has allowed me to obtain financial freedom. Attached is a good illustration. Lauren is now dealing with a neck fusion case. My opening demand at mediation next month will be $7.5M. Will you be the latest Lauren? Fail to meet my demand if you wish to find out.”

Auto insurance and your compensation

All drivers in the state are required to be covered by auto insurance, but many people are driving without valid insurance. If you are hit by one of these drivers and your auto insurance includes uninsured and underinsured motorist protection, it was a wise choice. You’ll be covered if you are hit by a driver who flees the scene, has no insurance, or if the insurance they have won’t come close to paying for your damages. 

We handle the insurance company for you

Most people can’t understand the small print on an insurance policy. We can help you find out what coverage you have and investigate the coverage of the at-fault party. If their auto insurance policy limits are too low, don’t worry. We know exactly what to do. We have seen many people who have an honest claim treated poorly — with a claim denied or delayed, or with them being offered a settlement far lower than they deserve. We seek justice for people who have been victimized or bullied by big insurance.

Your health is our priority

When you work with The Swanson Law Group, you are not alone. You have joined a winning team. Losing your health can be difficult to understand until it happens. It can feel as if you are in a dark tunnel with no light in sight. Experience allows us to see the light at the end of this tunnel. We provide the know-how to help you through this tough time and arrange for you to have access to our network of excellent doctors and specialists so you can get the treatment you need — without the need to pay upfront. Clients universally state that without The Swanson Law Group, they wonder how they would have made it through.

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Call us today for a free case evaluation. We take care of our clients and take down insurance companies. To talk to a firm that can be a true advocate for you. Call us to find out more.

Get the help you need from a team you can trust

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