San Jose Personal Injury Attorney

Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents personal injury victims throughout San Jose and Santa Clara County. In 2023 (the most recent year for which data is currently available), San Jose recorded 3,294 traffic accident victims killed or injured — ranking 11th among California's 15 largest cities, according to the California Office of Traffic Safety. Santa Clara County as a whole recorded 8,745 total victims across all jurisdictions, ranking 44th of 58 California counties. Those numbers represent the volume of cases filed each year at the Santa Clara County Superior Court — and the volume of insurance adjusters working to limit what injured people recover.

The cases Attorney Michael Rehm handles in San Jose range from car accidents on Highway 101 and 880 to bicycle crashes on the city's arterial corridors, pedestrian strikes near Diridon Station and San Jose State University, slip and fall incidents on commercial premises throughout the city, and mass tort claims against technology companies headquartered in the South Bay. Every case is handled on a contingency fee basis — no fee without a recovery.

The Legal Foundation — Duty, Breach, and Damages

Every personal injury case in California rests on the same foundational framework. Civil Code § 1714(a) imposes a duty of ordinary care on every person in the management of their property or person. A defendant who breaches that duty and causes injury is liable for the resulting damages. Civil Code § 3333 sets the measure of tort damages as the amount that will compensate for all detriment proximately caused by the wrong, whether anticipated or not. Civil Code § 3283 allows recovery for future losses — future medical expenses, future lost earnings, future care costs — that are reasonably certain to occur.

California follows pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A plaintiff's recovery is reduced by their percentage of fault — but not eliminated. A person found 40% at fault recovers 60% of proven damages. Insurance adjusters use comparative fault arguments to reduce settlements. Whether those arguments hold up depends on the facts, not on the insurer's characterization of them.

Claims Against Government Entities

Accidents involving the City of San Jose, Santa Clara County, Caltrans, or the Valley Transportation Authority are subject to the Government Claims Act. Government Code § 911.2 requires a written claim to be filed with the public entity within six months of the incident — before a lawsuit can be filed. Missing this deadline can potentially bar a claim against a government defendant. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines — including the discovery rule, minority, and mental incapacity — may apply depending on the facts. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Personal injury cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. Under Local Civil Rule 1(C), all limited and unlimited civil cases must be filed at the Downtown Superior Court. The court operates a Differential Civil Case Management System — the court, not counsel, controls the pace of litigation from filing through resolution under Local Civil Rule 1(A).

E-filing is mandatory for represented parties under General Court and Administration Rule 6. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing. The MSC Statement is due no later than five court days before the conference, may not exceed five pages, and must comply with California Rules of Court 3.1380. Lead counsel, parties, and persons with full settlement authority must personally attend unless excused by the court.

In fiscal year 2022–23, Santa Clara County Superior Court received 21,175 total civil filings — the fourth-highest volume among California's 58 counties — according to the most recently available Judicial Council statistics for that fiscal year. Judicial Council Court Statistics.

Practice Areas — San Jose Personal Injury

Vehicle Accidents

San Jose recorded 3,294 traffic accident victims in 2023 — 11th among California's 15 largest cities. Vehicle accident cases involve establishing fault through Vehicle Code violations, preserving physical and electronic evidence, and identifying every available layer of insurance coverage.

Premises Liability

Property owners in San Jose — commercial businesses, landlords, public entities — have a duty under Civil Code § 1714(a) to maintain safe conditions for lawful visitors. When they fail, and someone is injured as a result, that failure has legal consequences.

Serious Injuries and Wrongful Death

Catastrophic injuries — brain damage, paralysis, severe burns, wrongful death — require a damages case built to reflect lifetime consequences, not just immediate medical bills. Civil Code § 3283 allows recovery for future losses reasonably certain to occur, and that recovery must be built into the case from the start.

Watercraft

Boating accidents on San Francisco Bay and cruise ship injuries departing from the Port of San Francisco involve federal maritime law — different statutes of limitations, different damages frameworks, and in the case of cruise ships, contractual notice deadlines that must be met before any claim can proceed.

Mass Torts and Emerging Liability

Silicon Valley's concentration of technology companies creates a specific mass tort landscape — Roblox and social media platforms headquartered nearby, semiconductor contamination sites across the county, and product liability claims against consumer tech manufacturers. These cases involve complex causation, corporate defendants with substantial resources, and in many instances, ongoing federal multidistrict litigation in the Northern District of California.

About Attorney Michael Rehm

Attorney Michael Rehm is a California personal injury attorney licensed with the State Bar of California.. He handles personal injury cases throughout San Jose, Santa Clara County, and statewide. Every case is evaluated individually — the facts of the accident, the extent of the injuries, the available insurance coverage, and the applicable legal theories are all analyzed before any course of action is pursued. Attorney Michael Rehm does not handle workers' compensation claims.

Santa Clara County Cities Served

Attorney Michael Rehm handles personal injury cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.