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Vero Beach Car Accident Lawyer

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The car accident itself lasts just seconds. Its impact may affect you and your family for the rest of your lives. Because of the negligence of another person or entity, your life and health are turned upside down. In Indian River County, you need the services of a good car accident lawyer to help rebuild your life by holding those responsible for your injuries liable.

A Vero Beach auto accident attorney at our law firm will fight for you so that you may receive the maximum compensation you deserve for your injuries. Call today for a free consultation with Kogan & DiSalvo.

Man with broken arm in cast standing in front of a wrecked car

Florida and No-fault Insurance

Florida Statute 627.7407 outlines Florida as a no-fault state. This means that when traffic accidents occur, the injured party’s own auto insurance carrier can provide compensation for their medical expenses and lost income, no matter who caused the accident. Unless the accident caused serious injuries, the other driver will not be held liable.

However, if the plaintiff’s injuries meet the “serious injury” threshold, they may be able to seek compensation in civil court. This threshold may apply if the plaintiff suffered:

  • Permanent injuries
  • Severe and permanent scarring or disfigurement
  • Severe and permanent loss of a bodily function

Since these circumstances are vague and can be left open to interpretation, our seasoned team of car accident lawyers in Vero Beach could increase the chances that a plaintiff is given a fair settlement or a jury award to cover their injuries.

Teenage driver looking at his phone while driving at night

Car Accident Causes

Leading causes of car accidents include:

  • Distracted driving–Resulting from texting while driving, eating or drinking, pets loose in the car, and similar causes.
  • Drunk driving or driving under the influence of drugs
  • Speeding
  • Aggressive or reckless driving
  • Disregarding traffic regulations
  • Fatigue
  • Failure to yield
  • Tailgating

In South Florida, certain weather conditions contribute to car accidents. While ice and snow are not an issue, thunderstorms accompanied by pouring rain occur frequently. High wind gusts can cause a loss of vehicle control. Poor road conditions play a role in some accidents. Under these circumstances, the government agency responsible for road maintenance may be liable.

A vignette of firefighters rescuing a person from an overturned car

Types of Car Accidents

The most frequent types of car accidents and their aftermath include:

  • Head-on collisions–These frontal crashes are among the most likely to result in serious injury or death.
  • Rear-end collisions–Rear-end collisions can cause spinal cord and back, neck, and shoulder injuries.
  • Sideswipe collisions–Two vehicles travel parallel to each other, with one hitting the other car’s side. These may occur when merging in traffic or lane changing. The impact may cause a vehicle to crash into others or head off the road.
  • T-bone collisions–Usually occurring at intersections, the front of one vehicle hits the side of another. Many of these high-impact crashes result in a rollover.
Two doctors examining a hip X-ray

Common Car Accident Injuries

Common serious car accident injuries include:

  • Broken bones
  • Burns
  • Crushing
  • Disfigurement
  • Internal organ damage
  • Lacerations
  • Loss of limbs
  • Loss of vision
  • Paralysis
  • Traumatic brain injury

Victims may also develop PTSD after an accident. The effects may include flashbacks, nightmares, mood swings, inability to sleep, fear of being in a car or in the area where the accident occurred, and other emotional and psychological symptoms.

An insurance adjuster with a clipboard examining the scene of a car accident

The Concept of Negligence and Car Accident Lawsuits

Under Florida law, there are five elements pertaining to negligence. To succeed in a car accident lawsuit, all of these elements must be in place and proven.

The first is the establishment of a duty of care. When driving, motorists have a duty of care to keep others safe to the best of their abilities. When another driver causes an accident causing an injury, they have usually breached that duty of care. That breach is the second element regarding negligence.

It is not unusual for a car accident victim to be partly at fault for the crash. Under Florida’s recently revised modified comparative fault law, the third element regarding negligence, the jury determines the percentage of each party’s fault. If the plaintiff is found to be 50% or more at fault for the accident, they cannot recover anything. If the plaintiff is found to be 49% or less at fault, they are able to recover.

Next is establishing the cause of your injuries. Generally, this element is not difficult. For example, if the other driver had not been speeding, they would not have crashed into your car, causing your injuries.

Finally, your lawyer must show that you suffered damages. This is also not difficult to prove if you were seriously injured.

The Concept of Liability in Car Accident Cases

Liability is a crucial concept in any motor vehicle accident, determining who is responsible for the damages and injuries that result. In a car accident case, establishing liability is essential for car accident victims to secure compensation for their losses. A Vero Beach traffic accident lawyer plays a vital role in proving liability, ensuring that the at-fault party is held accountable.

In Florida, which follows a comparative negligence rule, liability can be shared among multiple parties. This means that even if a victim is partially at fault for the accident, they can still recover damages, though their compensation will be reduced by their percentage of fault. For example, if a victim is found to be 20% responsible for the accident, their compensation will be reduced by that amount.

Insurance companies often try to shift as much blame as possible onto the victim to reduce their payout. This is why it’s crucial to have an experienced car accident lawyer handling your insurance claim. A skilled Vero Beach car accident lawyer will gather evidence, such as police reports, witness statements, and expert testimony, to establish the other party’s liability.

Understanding and proving liability is key to ensuring that car accident victims receive the compensation they deserve to cover medical bills, lost wages, and other related expenses.

Lawyer handing over compensation check

Potential Compensation in Vero Beach Car Accidents

Compensation, or damages, falls into economic and non-economic categories. Quantifying the former is straightforward, such as the amount of wages lost during your recuperation. The latter is more subjective and depends on individual circumstances. 

Economic car accident damages may include:

  • Medical expenses, current and future
  • Lost wages
  • Future lost income
  • Property damage

Non-economic damages include:

  • Pain and suffering
  • Mental anguish
  • Loss of ability to enjoy life

What Is the Average Car Accident Settlement Payout in Vero Beach Car Accidents?

The average car accident settlement in Vero Beach, FL, typically ranges between $10,000 and $80,000. However, as a general idea, in personal injury cases involving severe or catastrophic injuries, settlements can reach into the millions. The settlement amount in a personal injury claim is influenced by various factors, which Vero Beach car accident attorneys carefully evaluate to ensure fair compensation.

Key factors that can impact the settlement amount include:

  • The severity of the victims’ injuries: More severe injuries, such as spinal cord damage or traumatic brain injuries, generally result in higher settlements due to long-term medical needs and life-altering impacts.
  • Medical expenses: The total cost of current and future medical treatment is a significant factor. Higher medical bills often lead to larger settlements.
  • Lost wages: If the car crash causes you to miss work or lose your ability to earn income, the settlement will likely reflect these financial losses.
  • Pain and suffering: Non-economic damages, like physical pain and emotional distress, are considered and can significantly increase the settlement amount.
  • Liability: If the other party is clearly at fault, the settlement is likely to be higher. Conversely, if liability is disputed, it might reduce the amount.
  • Insurance policy limits: The at-fault party’s insurance coverage can cap the maximum settlement amount, particularly if it’s insufficient to cover all damages.

Each personal injury case is unique, and our Vero Beach motor vehicle attorneys work diligently to maximize the settlement based on the specifics of the case.

Vignette of the front of a courthouse with the inscription "United States Court House"

The Car Accident Claim and Lawsuit Process

Most car accident claims are settled. However, if the insurance company fails to agree to a reasonable settlement, the victim may take their personal injury lawsuit to the trial stage. A trial involves both sides delivering opening statements, presenting evidence and witnesses, and presenting closing arguments. The case then goes to the jury to decide. Since trials are costly and time-consuming, pre-trial settlements are common. Such settlements require both parties to agree to the settlement terms before the trial starts.

Generally, the statute of limitations in Florida for filing a car accident lawsuit is two years from the date of the collision.

Close up of orange candle flame and lily flowers

Wrongful Death in Motor Vehicle Accident Cases

In a worst-case scenario, a car accident victim dies from their injuries. Surviving family members can file a wrongful death lawsuit against the parties responsible for the loss of their loved one. In Florida, only the personal representative of the estate may file a wrongful death lawsuit. That representative, also known as an executor, files the wrongful death lawsuit on behalf of surviving family members.

The statute of limitations for filing a wrongful death lawsuit is two years from the death date.

Compensation in a wrongful death case may include:

  • Medical and funeral expenses
  • Lost wages from the date of the injury to the person’s death
  • The value of earnings and benefits the person could “reasonably” have saved and left as part of their estate had they lived a normal lifespan.
  • Loss of the deceased’s companionship and support
  • Loss of parental support and guidance
  • Mental pain and suffering
Lawyers sitting at a conference room table

How Kogan & DiSalvo Can Help

Our experienced personal injury lawyers at Kogan & DiSalvo in Vero Beach, FL will investigate your car accident claim thoroughly. We will determine which parties or entities are liable for the collision. We will find medical experts to make sure your injuries receive proper treatment.

We will handle all negotiations with the insurance companies while you recuperate from your injuries. An insurance company’s business model involves settling for as little as possible but relatively quickly. What sounds like a reasonable amount to you–especially if you have no income due to the accident and no vehicle–is probably far less than the amount you will need to pay your medical expenses and get your life back on track. Insurance companies are notorious for lowball offers. Never agree to an insurance settlement before speaking with a personal injury attorney.

At Kogan & DiSalvo, we know the value of your claim based on your injuries and circumstances. If the insurance company refuses to settle for a reasonable amount, we will pursue litigation.

Contact a Vero Beach Car Accident Attorney

If you or someone you know was seriously injured in a car accident because of another party’s negligence or recklessness, contact a personal injury lawyer in Vero Beach at Kogan & DiSalvo today. Schedule a free, no-obligation consultation. As we work on a contingency basis, you pay no fee unless you receive compensation.

Total reviews: 1268 | Average rating: 4.9

5

If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!

5

Skilled, reliable, and quick to get things done. Truly impressed and would recommend them to anyone!

5

Im getting paid to give 5 stars they wouldn’t pay me because i put the truth

5

You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!

5

If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!

5

The team here are so kind, caring, and patient with you. This is how attorneys and their team should be!

5

Amanda and the rest of the team at Kogan and Disalvo are incredibly compassionate and they’re able to listen to what you truly need and are able to get results I couldn’t ask for a better Law Firm to represent me and my personal matter and recommend anybody else who needs someone for personal injury attorneys to definitely give them a call they are incredibly client focused and very driven to get results I couldn’t ask for a better experience

5

I would highly recommend Kogan & DiSalvo they were absolutely terrific from my first contact all the way to my settlement check their staff were there all the way. Luis V.

5

They always take your call. They are very friendly and caring. They do their best to keep you updated throughout the entire process. Thank you

5

Very knowledgeable and caring attorneys and team here at Kogan & DiSalvo Personal Injury Lawyers.

5

Following a car accident, the team here has been nothing short of helpful, communicative, and diligent. Amanda kept me updated throughout the entire process and was always there to answer any questions I had. I’m so thankful they were here to help me during this time. Couldn’t recommend more!

5

They take time to hear you know you, and be there for you , thank you .

5

I just would like to take the time to share my experience with this law firm. It was an amazing experience! One where I felt very much appreciated as a client even though my settlement wasn’t a super huge one I still appreciate the effort from the team with helping me and my mother out with our case! Christina was my liaison throughout the whole time (and it took a while because they had to fight for us) and you could tell they were doing what they could to make us happy. God forbid I ever get into another accident but if I do I will be going with Kogan and DiSalvo again!

5

Kogan and disalvo is a great firm they helped my father thru his accident and they still answer any of our questions even after his case has closed. Angela drove to the hospital at 6am to meet with us she is the sweetest and very kind.

5

Jennifer is the best.Kogan and Disalvo are the best of the best. They have taken care of everything for my wife after she was injured. I can’t begin to tell you the level of care and compassion they have for their clients. Look no further. KOGAN AND DISALVO!!!

5

I had a really bad accident a few months ago and they were so helpful Angela came to the hospital and made the whole process alot easier Rachel was great and answered all my questions and attorney Dan collins has still helped me to this day with alot of my workers comp questions he even called while he was on his family vacation.

5

My husband was recently in a terrible car accident and we
had no idea what to do we called Kogan and disalvo and they started helping us right away. Angela came to the hospital at 6am to fill out all our paper work she was great and very professional and caring. They helped us every step of the way and we ended up having some work comp questions and attorney Dan Collins was amazing he even called us after hours on his personal time I can’t say enough good things about this law firm.

5

Jennifer is a knowledgeable paralegal.

5

Kogan and DiSalvo is a well established Law Firm with multiple locations.

5

Wow great experience super knowledgeable staff, professional and caring (Paolina Araujo) will definitely recommend and will come back, thanks for the great help in the time of need it’s greatly appreciated to have a super team have your back. FYI Paolina Araujo was super on every detail.

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