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A catastrophic injury is a severe life-changing event. Florida law defines a catastrophic injury as a permanent impairment. These injuries include brain damage, spinal cord damage, severe burns, blindness, and amputations. Beyond the extensive physical damage, victims can dive into depression coiled by anger, and the related expenses can cause financial ruin.
If someone else or an entity caused the injury, the law provides the way to become financially whole again. To access the justice system, contact a Stuart catastrophic injury lawyer for a free consultation without any obligation.
An experienced personal injury attorney can assess the strength of the case and advise how best to proceed.
Florida has adopted the modified comparative negligence standard in assessing who is at fault in an accident. Under this standard, a person who is at fault, or partially at fault, cannot claim all of the damages incurred. Lawmakers’ rationale is that a person who is in any way responsible for causing an accident should be held financially accountable.
In situations when more than one person was at fault, the blame is assigned by a jury based on the facts. If the plaintiff is found 50% or less at fault, their overall recovery is reduced in proportion to their fault. If they are found 51% or more at fault, they are prohibited from recovering entirely. For example, if a plaintiff is found to be 30% at fault for their injuries, they will recover 70% of their damages. Conversely, if a plaintiff is found to be 70 percent at fault, they can’t recover. Damages are proven by evidence and determined by a judge or jury.
To prove fault, the law has elements that must be met.
A person harmed by the negligent act of another may sue for damages. These include:
Memories of witnesses and those involved in an accident are still fresh soon after the event, so it is best to hire a Stuart catastrophic injury lawyer promptly to help build a strong case. An attorney will gather physical evidence from the scene to help reconstruct the accident, collect medical documents and other pertinent records to prove present and future damages, and calculate the amount of damages to be claimed.
A Stuart catastrophic injury lawyer will interview the parties involved and witnesses under penalty of perjury to present testimonial evidence.
The attorney will build a lawsuit that details the accident, alleges fault, and supports the amount of damages claimed. Once the lawsuit is filed with the court, the legal process continues with various motions from both sides requiring responses from the attorneys. In court, the catastrophic injury lawyer will strategically select jurors and aggressively present the evidence at trial.
Many civil cases never go to trial. In that situation, the attorney will negotiate with the insurance carrier (which tries to limit the amount of damages) to achieve a fair personal injury settlement that the client will accept.
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Vanna Marie
Brenda Gibbons
My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.
Ivelisse Torres
Amazing!!! Thank you. Thank you for making this process so easy. Thank you for making me feel comfortable. I would recommend you guys to anyone in need!
Brianna Cataudella
Great experience
Karlee Currin
So grateful for the team at Kogan & DiSalvo, especially Amanda Hudson. I was a bit overwhelmed by the thought of getting legal assistance, but Amanda was thorough, clear, and super easy to work with. Thank you!
Lachina Mcdaniel
10 out of 10 will always recommend
Monique Wilkerson
Kogan and Disalvo are the only choice in town if you are ever in need of an injury attorney! I gurantee they will be the best lawyers you will ever work with!!
Luisa
From the first interaction with Kogan & DiSalvo, you will know without a doubt that you are in the best, and most capable hands possible. The attorneys and legal team here are very attentive, professional, and results-driven with a passion for getting their clients the compensation they deserve. They show that no insurance company is too big for them to take on and they fight for what is right. Their determination and aggressive approach to fighting on behalf of injured victims is what truly sets them apart from the other attorneys in the area. I recommend them wholeheartedly 5/5
Caitlin Voss
After an accident, the last thing you need to worry about is an attorney that doesn’t do his job. Well, I guarantee you will not find that here at this law firm!
Kogan & DiSalvo Personal Injury Lawyers is a law firm with morals and values. They give each and every single one of their clients, their FULL attention and dedication. They bring the fight to the insurance companies and negligent party/ies, never backing down, all the while keeping you updated every step of the way, and ensure you are recovering and healing properly from any injuries sustained. They will fight on your behalf to get you every single dollar you deserve. I seriously cannot recommend them enough
Blake Harper
If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!
Charles Lee
Skilled, reliable, and quick to get things done. Truly impressed and would recommend them to anyone!
heather
Im getting paid to give 5 stars they wouldn’t pay me because i put the truth
Rizza Black
The best law firm you will ever work with. Excellent communication and professionalism, they ensure you are always updated throughout the process. Very personable and show your not just another number and check to them.
McDonough
great service thanks
Phillip Pond
Great service, highly skilled and knowledgeable, very professional and good at what they do.
david eddinger
Very easy to talk to and explain everything clearly to make sure you understand how things will be taken care of.
Eric B
I had a great experience working with Dan and Lauren. They were extremely professional, courteous, and always responsive—no matter how many times I called, they took the time to answer my questions and provide clarity. Their dedication and professionalism truly stood out. I highly recommend them—a great team you can trust.
Alisa Grant
I’ve seen first hand, from a friend, the kind of top tier support and dedication that Kogan and DiSalvo Personal Injury Lawyers give to their clients. They are professional, aggressive, highly experienced and knowledgeable, and overall just some good honest hard working attorneys. Also, the team and staff here are just as amazing. Very communicative, always reachable, and never answer with an attitude or with an un-empathetic tone. Each time she had spoken to them, she never felt rushed or as if she was just another number to them. We recommend them 10/10!
Jason T Childs
Great to deal with, great customer services.They really care about their clients and their needs
matthew crampton
A law firm that is actually for the people, a law firm that has your best interests, and a law firm that fights for you and the justice you deserve. They do not stop until they get you every single thing you deserve. You definitely want these guys in your corner.
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