Personal Injury and Insurance

The Law Offices of Fernando V. Hernandez has over 40 years of experience representing injured individuals in all types of personal injury and related insurance cases in San Jose and throughout the State of California. Fernando V. Hernandez has participated in over 50 jury trials, with many ending in favorable verdicts, including awards in the million dollar range. In addition, he has served as a court-appointed arbitrator, pro-tem judge, and a consultant in personal injury cases for over 30 years. Our areas of practice include:

Automobile Accidents

Automobile accidents may be caused by driver negligence, such as speeding, using cell phones, failing to obey traffic signs, or drunk driving. They may also be caused by defective or dangerous car parts or even dangerous road design. When a driver, passenger, or pedestrian is injured in an automobile accident due to the negligence, recklessness, or wrongful act of another party, we can help them recover monetary damages for injuries and losses by dealing with insurance companies, other drivers, product manufacturers, and any other parties involved. For additional information on the types of recoverable damages, please see our frequently asked questions in personal injury cases.

Truck and Bus Accidents

Because of the size and weight of large commercial trucks and buses, accidents involving these vehicles often result in serious or catastrophic injuries and even the wrongful death of a loved one. These cases can be more complex than those involving other vehicles because of the long-term effects a seriously injured party may suffer that may require additional compensation that is difficult to foresee. In addition, accidents involving commercial trucks and buses generally involve a myriad of both state and federal laws, adding to the complexity of the case.

Insurance

In many personal injury cases, the main source of an injured client's compensation may be from payments made by a negligent party's insurance company or by the client's own insurance company. However, insurance is a business and, like most businesses, insurance companies may attempt to maximize profits by minimizing payments of claims. Because of this, insurers often wrongfully deny or undervalue an injured party's client. Our firm assists our injured clients by diligently pursuing claims from the initial demand letter to negotiation and even trial, if necessary. We can seek compensation from the negligent driver's insurer for damages up to the policy limit, or, if the driver is uninsured or underinsured, we can help our client in obtaining compensation from their own insurance company.

Construction Site Accidents

Construction sites are inherently dangerous and it is essential for employers to enforce safety regulations to help protect employees and others from accidents. If a party is injured on a construction site because of poor safety management or training, lack of supervision, poor site or building design, defective equipment, or other acts of negligence or recklessness, they may be entitled to recover compensation for their injuries above and beyond workers' compensation benefits. In one of our cases, our client was injured in a trip-and-fall accident at his employer's customer's plant. In addition to workers' compensation benefits, we obtained a $620,000 jury award to help cover his damages.

Sexual Harassment at Work

Both Federal and California laws prohibit sexual harassment of employees, job applicants, and contract employees in certain workplaces. Sexual harassment may include direct request for sexual favors or the creation of a hostile work environment for person of any gender or sexual orientation. If a party is harmed because of this sexual harassment, such as because of lost wages, a lost job opportunity, or severe emotional distress, they may be entitled to recover personal injury damages.

Assault

When a party assaults a client and causes injuries or property damage, they may be held liable for the damages caused in addition to being tried in a criminal court. Our firm has represented assault victims with particular success, including one case where our client suffered traumatic brain injury and needed emergency hospitalization. In this case, we were able to recover an award of $1,170,000 for our client.

Slip & Fall & Premises Liability

Landowners have a duty to make their property safe or to warn others of known dangers to prevent foreseeable injuries. If a property owner breaches this duty, they may be considered negligent and may be held liable for any injuries caused. Common types of premises liability cases include trip and fall or slip and fall accidents.

Types of Injuries

Accidents giving rise to a personal injury claim can cause a wide range of serious injuries, including injuries which may not present symptoms immediately, such as traumatic brain injuries. We have helped our clients recover compensation for many different types of injuries, including:

• Serious Back Injuries
• Traumatic Brain Injuries
• Spinal Cord Injuries
• Paralysis & Partial Paralysis
• Catastrophic Injuries

Seek Results

If you have been injured due to the negligence or wrongful acts of another party, our firm may be able to help you recover the financial compensation you need for medical bills, lost wages, emotional distress, and other damages. For a personalized consultation with an experienced personal injury attorney, contact the Law Offices of Fernando V. Hernandez.