Personal Injury Frequently Asked Questions

For over four decades, the Law Offices of Fernando V. Hernandez has been advising individuals and families in all types of personal injury cases, including those involving serious injuries or wrongful death caused by auto or truck accidents, construction site accidents, slip and fall accidents, assault, and sexual harassment in the workplace. From our office in San Jose, we assist clients located throughout California, and are dedicated to providing the most comprehensive representation possible. To that end, we have included the following answers to some of our clients' most frequently asked questions.

Q. How much are attorney fees in personal injury cases?

A. Our fees are contingent on a successful recovery. In general, this means that if you do not recover through a settlement or verdict, then you will not be charged. If you do recover, we charge a negotiable percentage of your recovery, which will depend on the facts and complexities unique to your case. We discuss the details of this arrangement with you during our first conference. Assuming there is an agreement between you and our firm, we will represent your interests through settlement and/or trial as necessary.

Q. When should my personal injury claim be filed?

A.  Under normal circumstances, California law provides for a two year statute of limitations in most personal injury cases. This means that you must file your personal injury claim within two years of the date of your injury, or a reasonable period of time from the discovery of the injury. However, certain types of personal injury cases may call for a shorter or longer period in which a claim must be filed. For example, when minor children are involved, the statute of limitations may run longer. On the other hand, claims against government agencies must be filed within six months of the injury. In addition, these claims must be filed with the public entity before being filed with the superior court. No matter what your injury may be, it is important to understand that each case is different and that a personal consultation with an experienced attorney is always advised.

Q. What type of compensation may be available in my personal injury case?

A. Although each verdict or settlement award depends on the facts of your particular case, there are certain types of monetary damages that are generally available to personal injury plaintiffs. In many cases, a plaintiff may be able to recover both economic and non-economic damages. Economic damages may include such costs as medical and treatment bills, lost wages, lost future earning capacity, and property damages. Non-economic damages may include pain and suffering and emotional distress. In addition, if you have lost a loved one in an accident, you may be able to recover for your own losses, including compensation for "loss of consortium," or loss of the person's love, companionship, and support. If a negligent party's conduct was particularly egregious in causing an injury or accident, you may also be able to recover punitive damages.

Seek Experienced Representation

As an attorney with over 40 years of trial experience, Fernando V. Hernandez is well-qualified to represent clients in all types of personal injury, wrongful death, and related insurance cases. He has obtained significant results for his clients, including a $1,170,000 court judgment for an assault victim, a $620,000 jury award for an injured worker, and a $400,000 mediation settlement for the wife of a deceased victim. If you would like to speak to a personal injury attorney with proven results, contact the Law Offices of Fernando V. Hernandez today.