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Fort Lauderdale Injury Lawyers

Kogan & DiSalvo – Fort Lauderdale

2787 E Oakland Park Blvd #216
Fort Lauderdale, FL 33306

Phone: (954) 466-0458

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Getting justice after an accident due to another party’s negligence is essential. Read on to learn more about how the personal injury lawyers at Kogan & DiSalvo can take your case, swiftly fight for you, and ensure that you receive fair compensation for your losses and damages. 

A severe personal injury affects your physical health, financial stability, and your family’s overall well-being. When you are grappling with severe injuries due to the negligence of another party, you may feel overwhelmed and unsure of where to turn next.  

For more than 28 years, Kogan & DiSalvo has been advocating for injury victims in Fort Lauderdale, Broward County, and surrounding areas in Southeast Florida. Our attorneys provide high-caliber advocacy and legal representation to ensure our clients receive the fair and reasonable compensation they deserve for their injuries.  

Types of Personal Injury Cases 

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

Personal injury law is broad in scope. Regardless of the type of injury or accident, however, the negligence of one or more parties is at the heart of nearly every personal injury claim. Our attorneys offer comprehensive personal injury representation in a wide variety of claims stemming from the following.  

Motor Vehicle Accidents

Although motor vehicle accidents are among the most common causes of injuries, Florida’s no-fault auto insurance system does not permit accident victims to file a claim unless the injury is serious. Florida Statute 627.737 defines a serious injury as “one that causes significant and permanent loss of an important bodily function.” 

Car Accidents

Our personal injury attorneys understand a car accident’s immediate and lasting ramifications. Whether caused by distracted, drowsy, or careless driving, car accidents can result in much more than a damaged or totaled vehicle. Victims deserve compensation for their losses, which requires an experienced Ft. Lauderdale law firm with the resources to investigate the car accident, determine liability, and prove negligence. 

Truck Accidents

18-wheelers, tractor-trailers, and semis are constantly hauling heavy cargo via Florida’s interstate highways. Freight spills, rollovers, and jackknife crashes are among the more serious truck accidents that we handle. These cases are labor-intensive to investigate and prepare, requiring a breadth of experience and a deep knowledge of extensive state and federal trucking laws. Our attorneys can determine all potentially liable parties and sources of financial recovery after a serious truck accident. Whether the fault lies with the truck driver, trucking company, vehicle manufacturer, or another party, we are determined to hold them accountable. 

Motorcycle Accidents

Ft. Lauderdale promises 12 full months of balmy weather–a veritable dream for avid motorcyclists who never have to worry about icy roads. Unfortunately, they face an even more significant risk: negligent motorists who do not see them on the road or fail to yield the right of way. Sophisticated protective gear does not ensure a motorcycle rider can walk away from a crash unscathed. Traumatic head injuries, broken bones, and painful road rash are compensable injuries. It is our goal to help motorcycle accident victims recover fair and reasonable compensation for their physical, emotional, and financial losses.

Pedestrian Accidents

Pedestrians are especially vulnerable when involved in motor vehicle accidents. Speeding, texting, excessive fatigue, and alcohol consumption often play a role in avoidable pedestrian accidents. When someone is seriously injured by a motor vehicle or bicyclist, it is imperative to seek legal guidance as soon as possible. Our attorneys can assess past, current, and future damages, allowing us to demand full compensation in a personal injury claim. 

Palm trees and road in Florida

Bicycle Accidents

Fort Lauderdale boasts many scenic bicycle routes, including breezy sections of A1A, Hollywood Beach Broadwalk, and El Mar Drive. No matter where you cycle, you often share the road with commercial trucks and passenger vehicles, which can lead to serious bicycle accidents. At Kogan & DiSalvo, we can help injured cyclists pursue monetary damages from defendants ranging from negligent drivers and property owners to local municipalities. 

Slip and Falls

A person with a blue cast and blue crutches sitting on the couch using a laptop

A slip and fall injury claim is filed under premises liability theory, which states that property owners and operators have a legal duty to ensure their grounds are maintained and safe for patrons and guests. When slip and falls and related injuries happen because a manager or property owner failed to warn about a spilled beverage, an oil slick in a parking lot, defective staircases, or other foreseeable hazards, victims can seek economic and non-economic damages for their losses. 

Construction Accidents

Construction sites are inherently dangerous environments where workers face risks of falls, electrocutions, equipment malfunctions, and other hazards. Construction accidents often result in serious injuries or fatalities, affecting the workers’ ability to earn a living and provide for their families. Whether you were injured on a job site or lost a loved one in a construction accident, it pays to have skilled and experienced legal representation. 

Product Liability

Electrical failure resulting in electrical plug burnt

Poorly designed or manufactured products may leave a path of injured consumers in their wake. If the product was used as intended and caused injury or illness, the plaintiff may sue the manufacturer for product liability. Defective product claims may be filed individually or, if many consumers are harmed by the same product, as mass torts.

Healthcare Negligence

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This can include misdiagnosis, failure to diagnose, surgical errors, medication mistakes, birth injuries, and more. Victims have the right to seek justice. According to the National Practitioner Databank, Florida ranks third for medical negligence claims, with over 10,000 reports filed yearly. 

In addition, statistics on nursing home abuse and neglect in Broward County facilities are disheartening. When a loved one suffers physical, financial, or emotional harm at the very hands of their caretaker, our attorneys are prepared to help. Elder abuse laws are in place to protect the most vulnerable among us, and Kogan & DiSalvo take pride in representing the elderly population of Fort Lauderdale.  

Medical Malpractice

Missed and incorrect diagnoses, medication errors, and failure to properly treat are just some examples of medical malpractice committed by healthcare professionals. Victims of medical malpractice in Florida have just two years to bring a civil claim for damages. When a surgeon, anesthesiologist, or other medical practitioner fails to uphold their legal duty, and serious harm results, victims have the right to seek justice. According to the National Practitioner Databank, Florida ranks third in the nation for medical negligence claims, with more than 10,000 reports filed on a yearly basis.

Construction zone on a street with stop signs, warning cones, and a truck

Workplace Injury

Employees who suffer work-related injuries or illnesses are entitled to workers’ compensation benefits, including coverage for medical treatment and a portion of lost wages. Our attorneys can assist injured workers in navigating the workers’ compensation claims process, ensuring they receive the benefits they deserve and advocating for their rights if their claim is denied or disputed. 

Wrongful Death

Tragically, the potential plaintiff in a personal injury claim may die as a result of the injuries they have sustained. If this occurs, family members of the deceased may be entitled to compensation by filing a wrongful death claim. A Fort Lauderdale injury lawyer at Kogan & DiSalvo can help you and your family pursue damages associated with the untimely loss of a loved one. 

Back of a paralyzed man sitting in a wheelchair looking at the ocean

Other Personal Injury Cases We Handle 

An injured woman who fell down the stairs

Our firm handles additional personal injury claims to ensure our clients receive comprehensive representation. Explore below to learn more about the other types of cases we handle, including the following: 

Many lawyers spend little to no time in the courtroom. When fair compensation for your injuries is on the line, you need an attorney who will not settle for less and has the skills, experience, and tenacity to litigate your case if necessary. 

Catastrophic Injuries in Personal Injury Claims 

A doctor and nurse putting a bandage on a patient's burn injury in the hospital

For many victims, a catastrophic injury marks a significant change in their lives. They may require ongoing medical support, specialized assistive equipment like wheelchairs, or constant care due to mental or physical impairment. Unlike minor injuries, catastrophic injuries may not heal fully within months or even years. 

The personal injury lawyers at Kogan & DiSalvo represent clients in Fort Lauderdale who have suffered a range of life-altering injuries due to someone else’s negligence. Common examples of catastrophic injuries include: 

Spinal Cord Injuries 

Spinal cord injuries typically occur due to a traumatic impact that crushes, compresses, or fractures one or more vertebrae or damages the bundle of nerves within the spinal cord. Car crashes, falls, and sporting accidents are among the leading causes of spinal cord injury (SCI), which can have debilitating consequences depending on the location and extent of the injury.  

Traumatic spinal cord injury is a leading cause of paralysis, ranging from the loss of movement in one limb to full-body paralysis. Those afflicted with quadriplegia experience a complete loss of muscular control from the neck downward, while paraplegia predominantly affects the torso and lower limbs. This catastrophic injury often requires round-the-clock nursing care to address their daily needs. 

Traumatic Brain Injuries 

A sudden jolt or impact to the head can result in traumatic brain injury (TBI), one of the leading causes of disability and death in the United States. These injuries can vary widely in severity, ranging from mild concussions to severe brain trauma. More severe brain injuries can result in motor deficits, impaired cognitive function, and lifelong problems with language and communication. 

Burns 

Severe burn injuries that extend beyond the top layer of skin can be life-threatening if not promptly treated. Chemical burns, thermal burns, electrical burns, and radiation burns have the potential to damage nerve endings, blood vessels, muscle, and soft tissue, requiring surgical intervention and skin grafting. 

Loss of Vision 

Even minor vehicle accidents can leave victims with temporary or permanent loss of vision. Vision loss may be caused by optic nerve damage or a penetrating eye injury resulting from flying debris. A hard blow to the skull may also damage parts of the brain responsible for vision. 

Amputations 

The loss of a limb, known as an amputation injury, is a life-altering event that can have profound and lasting impacts on an individual’s quality of life. These injuries are often considered catastrophic. They occur in various scenarios, such as accidents involving negligent drivers, workplace mishaps with heavy machinery, defective consumer products, or collisions with commercial trucks. Victims may pursue damages for diminished earning capacity, assistive devices, and ongoing medical treatment, among other damages. 

Bone Fractures 

Many personal injury accidents can result in broken or fractured bones. Slips and falls, motorcycle accidents, pedestrian knock-downs, and bicycle crashes are just a few examples. Statistics indicate that pelvic bone and femur fractures are the most common broken bones in car accidents. Most fractures can heal with casts, surgical pins, and physical therapy. 

What Damages Can I Recover for Personal Injury?

Close up of a person using a calculator on top of documents

A monetary award will not fully compensate for the losses you experience from an accident. However, recovering damages in a Fort Lauderdale personal injury lawsuit can help defray many of the costs associated with serious injuries and help you and your loved ones overcome other burdens after the accident. 

Accident victims may be eligible for the following compensation: 

  • Bills and future expenses for medical care 
  • Loss of income 
  • Loss of earning capacity 
  • Out-of-pocket expenses related to your injuries 
  • Pain and suffering 
  • Disability 
  • Scarring and disfigurement 
  • Loss of companionship 

The exact amount you may be able to recover depends on the specific details of your case. Generally, the seriousness of the injury and its impact on your life helps to determine a fair and reasonable amount. We can evaluate your case for free and advise you on what constitutes fair compensation. 

Statute of Limitations for Filing a Personal Injury Claim in Florida 

Close-up of an hourglass, pen, and magnifying glass on top of a legal document

There is a time limit, or statute of limitations, for filing personal injury lawsuits. In Florida, you generally have two years from the accident date to file a lawsuit for injuries or property damage resulting from negligence. However, there are exceptions, so it is essential to consult with an attorney to understand how the statute of limitations applies to your case. 

Missing the deadline can be detrimental to your case, as it may result in your claim being dismissed by the court. Whether you have been seriously injured or lost a loved one, contact a personal injury lawyer in Fort Lauderdale today so they can begin building your case. 

Florida Is a Modified Comparative Negligence Jurisdiction 

Further, Florida is now a modified comparative negligence jurisdiction, meaning your compensation may be reduced if you are found partially at fault for the accident. However, you can still recover damages if you are less than 50% responsible for the incident. 

Establishing Negligence in a Fort Lauderdale Personal Injury Claim 

A file folder tab labeled "Evidence"

The burden is on the plaintiff (accident victim) and their attorney to prove the negligence of the defendant in a personal injury case, which consists of the following four elements: 

  1. Duty of Care: The first step is to show that the defendant owed a duty of care to the plaintiff. For instance, a driver has a duty to obey traffic laws and avoid reckless behaviors like speeding or driving under the influence. 
  2. Breach of Duty: The plaintiff must demonstrate that the defendant breached the duty of care by failing to act as a reasonable person would in similar circumstances. For example, if a property owner neglects to clean up a spilled liquid in a grocery store, and someone slips and falls, the defendant has breached their duty of care. 
  3. Causation: It must be proved that the defendant’s breach of duty directly caused the accident and the plaintiff’s injuries. If a pedestrian is struck by the driver who ran the red light, there is a clear causal link between the driver’s breach of duty and the pedestrian’s injuries. 
  4. Damages: Finally, the plaintiff must prove they suffered compensable damages due to the defendant’s negligence. This can include medical expenses, lost wages due to inability to work, pain and suffering, and other tangible or intangible losses resulting from the accident. 

        By carefully addressing these elements with solid evidence, plaintiffs and their attorneys can build a compelling case to seek fair compensation for their losses.  

        Building a Strong Personal Injury Case: How Our Lawyers Can Help 

        An attorney explaining a highlighted and marked up legal document to a client

        At Kogan & DiSalvo, we provide comprehensive support to our clients. We are prepared to leverage our substantial resources and experience. Whether you have been injured in a car accident, slip and fall incident, or medical malpractice, we assist at every step in the legal process, including the following:   

        • Interviewing witnesses 
        • Collecting evidence 
        • Overseeing crash scene investigation 
        • Hiring expert witnesses and accident reconstructionists 
        • Obtaining police and accident reports 
        • Filing required paperwork and claims forms 
        • Helping you prepare for official statements to law enforcement 
        • Negotiating with defense counsel and the insurance company 
        • Connecting you with appropriate medical care 
        • Helping set up affordable payment plans for your medical bills 
        • Litigation 
        • Court briefs and filings. 

        When you are severely injured in an accident due to another’s negligence, you must concentrate on recovery. A knowledgeable personal injury lawyer will fight for your rights and help you get the full compensation you deserve. 

        Are Personal Injury Lawyers Worth It?

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

        Many people who have been injured are hesitant to speak to an attorney. Insurance companies often discourage claimants from seeking legal counsel. A number of myths also surround personal injury law, including that claims take longer when lawyers are involved and that it is expensive to hire an attorney to handle your case.

        In reality, however, most clients find that hiring a lawyer is one of the best decisions they could have made after being injured.

        Meet the Personal Injury Lawyers at Kogan & DiSalvo

        The aftermath of an injury or accident is a stressful time. Victims and their families face a number of hardships – physical, emotional, and financial. Amid the challenges of recovery and adjusting to the “new normal,” nobody should have to be concerned about the complexities of a legal matter.

        At Kogan & DiSalvo, your initial consultation is free. We also handle personal injury claims on a contingency fee basis. This means you pay nothing out of pocket until we reach a settlement or win your case at trial.

        By hiring an attorney, plaintiffs in personal injury claims can focus on taking back their lives. Our experienced injury lawyers can answer your questions, provide guidance, and support you in the emotional journey after an accident. We also work on your behalf to obtain the best outcome in your case.

        Why Choose Kogan & DiSalvo? 

        Two people shaking hands over legal documents and a gavel

        Experience and results are two of the most critical factors in choosing a lawyer for your personal injury case. You need to know that the attorney or law firm has handled cases like yours before–and won.  

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        It is also important to have confidence that the lawyers and staff have your best interest at heart. Every member of the team should be courteous, professional, and compassionate. This is a challenging time in your life, and you will need both qualified legal guidance and emotional support. 

        Check Out Our Client Reviews 

        Your personal injury attorney should be willing to go above and beyond to secure a favorable result. In some cases, this may involve taking your case to trial. Most of the attorneys at Kogan & DiSalvo are Board-Certified in Civil Trial Law by The Florida Bar. This distinction signals our commitment to superior advocacy and results for our clients. 

        Schedule a Free Consultation Today  

        Personal Injury Attorneys at Kogan & DiSalvo | Fort Lauderdale, Florida

        Anyone who has been injured in a serious accident needs to focus on healing and rehabilitation, not dealing with legal battles and fighting with insurance companies. If you or a loved one has suffered an injury because of another party’s negligence, you need the services of a Fort Lauderdale injury lawyer. We are here to listen to your story, evaluate your case, and formulate a strategic plan to pursue the maximum compensation on your behalf. 

        Please contact Kogan & DiSalvo at (561) 477-9000 today for a free consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. 

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