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Delray Beach Car Accident Lawyer 

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Vignette of woman rubbing her neck after a car accident

Car accidents happen in Delray Beach often and result in serious injuries. Anyone injured in these types of incidents should contact Delray Beach car accident lawyers as soon as possible. The National Highway Traffic Safety Administration reports that many accidents happen because drivers are distracted either by taking their eyes off the road or when using electronic devices. Other causes are aggressive driving, impairment, and running red lights and stop signs.

skilled personal injury lawyer can help someone file a claim in order to pursue necessary compensation for their suffering to help with them with their recovery.

What are the Steps to Take at the Accident Scene and After the Accident?

A woman outside of her car texting after an accident

Auto accidents can be overwhelming, but knowing what to do immediately afterward can make a significant difference in protecting your rights and securing fair compensation. Delray Beach car accident attorneys recommend the following steps to ensure that you take the proper actions:

  • Ensure safety and call emergency services: First and foremost, check for injuries among all parties involved. If anyone is hurt, call 911 immediately. Even if injuries seem minor, it’s important to get medical help on the scene. Move vehicles out of traffic if possible to avoid further collisions.
  • Document the scene: Take photos of the accident scene, including vehicle damage, road conditions, traffic signs, and any visible injuries. This documentation will be crucial when you file your insurance claim or if legal action becomes necessary.
  • Exchange information: Collect the names, contact information, driver’s license numbers, and insurance details of all involved parties. If there are witnesses, get their contact information as well. This information will help your Delray Beach car accident attorneys build a strong case.
  • Report the accident to your insurance company: Notify your insurance company as soon as possible. If you have uninsured motorist coverage, it’s essential to let them know in case the other driver is uninsured or underinsured. This coverage can help cover your damages if the at-fault driver lacks sufficient insurance.
  • Seek medical attention: Even if you feel fine, some injuries may not manifest immediately. Visiting a doctor ensures that any potential injuries are documented, which is crucial for car accident victims pursuing claims.
  • Consult with a car accident attorney: Contacting an experienced car accident attorney in Delray Beach is vital. An attorney can guide you through the legal process, protect your rights, and ensure that you receive the compensation you deserve.

Following these steps after an auto accident will help you protect your legal rights and increase the likelihood of a successful claim.

Mistakes to Avoid After the Car Crash

People in an emergency room waiting room

Our Delray Beach car accident attorneys also want to stress that it is equally important to be aware of what not to do after an auto accident, as certain actions can jeopardize your ability to secure fair compensation. One of the most common mistakes car accident victims make is admitting fault at the scene. Even a simple apology can be interpreted as an admission of guilt, which the other party’s insurance company could use against you later. It’s crucial to stick to the facts when discussing the accident with the police and the other driver. Let the investigation determine fault rather than making any statements that could be misconstrued.

Another critical mistake is delaying medical treatment or failing to follow through with prescribed care. Some injuries, such as whiplash or internal damage, may not be immediately apparent, but delaying a medical evaluation can weaken your personal injury claim. Insurance companies might argue that your injuries weren’t serious or were unrelated to the accident if you don’t seek prompt medical attention. Additionally, avoid discussing the details of the accident or your injuries with the other party’s insurance adjuster without consulting your Delray Beach car accident attorneys first. These adjusters may try to get you to minimize your injuries or accept a lowball settlement, which could prevent you from receiving the full compensation you deserve.

Finally, avoid posting any details of the accident on social media. Any information disclosed this way can be used by the opposition against you.

How Does Comparative Fault Apply to Car Accident Claims?

Statue of lady justice on desk of a judge or lawyer.

Car accidents fall under Florida’s modified comparative negligence standard. This law holds that if a plaintiff is found to be 50% or more at fault for their accident, they cannot recover. The percentage of fault is determined, using the facts of the accident, by a judge or jury.

The legal definition of negligence is such that a prudent person fails to take proper care toward others, or performs in a way that a prudent person would not, resulting in injury or property damage to another person and/or their property.

Proving Negligence

Vignette view of a courtroom from the judge's bench with a gavel in the foreground

Comparative negligence has four elements, or parts, that the party bringing the lawsuit must prove by a preponderance of the evidence.

  • Duty of care: A reasonable person has a legal obligation not to cause harm or property damage to someone else.

Example: Imagine a driver is approaching an intersection. They have a legal obligation to stop at the red light to prevent harm to other road users. This is their duty of care to others on the road.

  • Breach: This is an action that violates duty of care. A breach can also be failing to act in a certain way in a situation.

Example: The driver, however, chooses to run the red light, violating traffic laws. This action of running the red light is a breach of their duty of care, as they failed to act as a reasonable person would under the circumstances.

  • Causation: The accident that the breach caused was foreseeable and “but for” the breach the accident would not have happened.

Example: Because the driver ran the red light, they collided with a vehicle lawfully passing through the intersection on a green light. This motor vehicle accident was foreseeable, as running a red light typically increases the risk of such a collision. If the driver had not breached their duty by running the red light, the accident would not have occurred.

  • Damages: A financial loss did occur.

Example: As a result of the collision, there are auto accident victims; the other driver and their passengers sustained serious injuries, leading to expensive medical bills, vehicle repair costs, and lost wages from time missed at work. These financial losses represent the damages that occurred due to the breach of duty by the first driver.

How a Delray Beach Car Accident Attorney Can Help

Two people shaking hands over legal documents and a gavel

A Delray Beach personal injury lawyer can be an invaluable asset in the aftermath of a motor vehicle accident, providing crucial support and expertise to ensure that victims receive the compensation they deserve. Here are some key ways an attorney can help:

  • Conducting an independent investigation: A Delray Beach car accident lawyer will thoroughly investigate the accident, going beyond the initial police report. This involves gathering witness statements, analyzing the accident scene, and using photographs and computer graphics to reconstruct the events leading up to the collision. In complex cases, the attorney may also work with professional accident investigators to build a strong case.
  • Documenting damages: The attorney meticulously documents all damages resulting from the accident. This includes property damage, medical bills, therapy costs, and necessary medical equipment. They also account for non-economic damages, such as emotional distress and pain and suffering.
  • Calculating lost income: If the accident has impacted your ability to work, the lawyer will assess the loss of income, including future earnings, and factor this into your personal injury case.
  • Helping you file your claim and meet important deadlines: The attorney will assist in filing your personal injury claim, ensuring that all necessary documentation is submitted correctly and on time. They will also make sure you don’t miss any critical deadlines, such as the statute of limitations, which in Florida is generally two years from the date of the accident.
  • Addressing wrongful death claims: In tragic cases of wrongful death, the attorney will pursue compensation for the loss of financial support and companionship for the victim’s family, ensuring that their emotional and financial burdens are acknowledged.

By taking these comprehensive steps, the attorney maximizes the potential for obtaining the full compensation that car accident victims are entitled to, while also alleviating the stress of navigating the legal process.

Contact a Delray Beach Motor Vehicle Accident Lawyer Today!

If you’ve been involved in a car accident, reach out to the experienced Delray Beach motor vehicle accident lawyers at Kogan & DiSalvo. Our team is dedicated to helping you recover the maximum compensation available from all responsible parties in your personal injury case. We offer a free consultation to discuss the details of your accident and explore your legal options. Plus, we work on a contingency basis, meaning you won’t pay any legal fees unless we win your case. Contact us today to take the first step toward securing the justice and compensation you deserve.

Total reviews: 949 |

Average rating: 4.9

5

I can’t thank Kogan & DiSalvo enough for their help after my accident. From day one, they were incredibly supportive, guiding me through the entire process with care and expertise. I never imagined my case would be worth as much as it turned out to be, and that’s thanks to their hard work and dedication. They kept me informed every step of the way and made sure I understood all my options. If you’re looking for attorneys who truly go above and beyond, I highly recommend Kogan & DiSalvo!

5

Great law firm, takes care if all your needs, gights gor you
Thank you

5

Jay and Jennifer were very responsive to my calls. When I had questions, they provided clear answers. They thoroughly explained the settlement process to me and kept me informed every step of the way.

5

Samantha, embodies what customer service should be like. So friendly, down to earth, caring, resourceful, knowledgeable, and goes the extra mile .

If I’m ever in another accident or know someone that’s been in an accident, I will definitely be referring Kogan & DiSalvo (Samantha and Paul).

Samantha thank you for all of your hard work and dedication to get me and my husband to a successful resolution.

Thank You Again,
Iris

5

My case with Kogan and DiSalvo, was handled with the utmost seriousness and respect. Mr. George Bakalar, who lead my case from the beginning, along with Miss. Macy and Miss. Victoria were all outstanding individuals. They were able to resolve my case inline with all parameters discussed in my initial interview. More than expected they were personal and listened to all my concerns. I would definitely recommend them to anyone! Have a great day and Enjoy!

5

Paul Silvestri and his team were great! They took care of everything and made the process stress free. Very pleased with my settlement. I highly recommend Paul Silvestri at Kogan & DiSalvo!

5

Jennifer was helpful, answered all of my questions and made the process simple.

5

I am very please on the outcome of my case with Kogan & DiSalvo. It took a while but the results are worth the wait. I want to also thank Amanda who did an outstanding job on my settlement with the crew.

5

Selecting an attorney is hard. I briefly worked with the “largest firm” and that was a complete mistake. Paul Silvestri of Kogan and DiSalvo immediately built confidence that I was with the “best” firm. He is strategic, smart, listens, takes times to evaluate facts, follows up, is very responsive, and makes you feel like you have a partner during a tough time. The firm has great technology, great support through the app. Christina B is very responsive when other firms never reply!!! Great experience, great firm, don’t go anywhere else!

5

A big truck sideswiped my car. I had two surgeries due to the accident. I had surgery on my neck and back. I would like to thank Jay London and Christina Bejarano for everything they did for me and my case. Jay and Christina provided outstanding service. They did a great job explaining each step along the way. I highly recommend Jay and Christina; they did a wonderful job.

5

I got the help I needed,I had a very nice attorney name Kayla,she was so nice and very understanding and helped me through the whole process

5

They helped me the best they could,I’m happy with the outcome

5

Samantha Vola handled my personal injury case with care and made sure I was informed what was going on in the whole process. I was very happy with the results.

5

They were the best at handling my car accident case. Samantha Juerakhan was on point with everything. She kept me updated frequently & fought hard when my insurance was giving them a hard time. 100% will be recommending Samantha to anyone I know.

5

I had the pleasure of working with Kogan & DiSalvo after being involved in an accident, and I couldn’t be more satisfied with their services. From the start, they were incredibly professional and made sure to communicate with me every step of the way. They took the time to explain the process, answer all my questions, and keep me informed about the progress of my case.

Their dedication and attention to detail were evident throughout the entire experience, and I felt confident knowing they were handling my case. In the end, I was very pleased with the outcome and the way everything was handled. I would highly recommend Kogan & DiSalvo to anyone in need of a personal injury attorney. They truly go above and beyond for their clients.

5

Jay London and Amanda Hudson were an amazing help when faced with a hard time after an incident. They are caring and will fight to help make things right. They are always available if you have any comments, questions or complaints during your case. They also help explain the nitry gritty parts of law/legal that the average person gets to be ignorant too. Such helpful people!

5

I have to say my experience with Kogan & DiSalvo has been absolutely Great. Amanda Hudson worked with me as if I was her father
with total commitment to help me.
I recommend Kogan & DiSalvo to anyone that needs an exceptional hard working law firm.

5

Nothing but the best from Kogan and Disalvo. I wouldn’t go anywhere else for a case. Brian and Ludmia were extremely helpful. They explained everything about the case from start to finish. I felt comfortable to call them at any time if I had any questions or concerns. Once the case settled they worked on getting me my money quick. Thanks to everyone there at Kogan and Disalvo, I’m happy to have them as my attorneys!!

5

Thanks to the Folks at Kogan and DiSalvo for the hard work with my injury case. From the first day they took the case all the way to very end , they were professional, courteous and caring. Sam, Tiffany, Rachel and the entire office staff went the extra mile to help me through this very trying time to get the best settlement possible.
Sincerely Appreciate All You
Mike Morakis

5

After my wife and I were involved in a car crash we called K&D to help find the other driver who gave false information. They found the person and started the legal process immediately. The entire team (from intake person to paralegal and attorney) was amazing to work with. I had no idea what to do in our situation, but Paul allowed us to relax while they did all the heavy lifting. He and Christina did an amazing job returning my calls and emails for updates and feedback. I have absolutely no doubt that without the help of this team of professionals I would been stuck with an auto body repair bill and no compensation for our injuries.

Thank you for being there for us K&D! Paul…I can’t even begin to thank you for your help.

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