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According to the Florida Department of Highway Safety and Motor Vehicles, in 2021, there were 1,100 crashes per day with 3,741 fatalities. The repercussions of a car accident have the potential to impact a victim and their family’s life forever. They often result in severe injuries, leaving victims and their loved ones with life-long complications and financial hardships. Accident victims must confront the pain and suffering from an accident and take on the economic challenges.
If you’ve been hurt in a car accident due the negligence of another party, our team at Kogan & DiSalvo can help. By enlisting the services of an experienced Sarasota car accident lawyer, you can significantly increase your chances of attaining fair and reasonable compensation. We have recovered millions in verdicts and settlements for our clients in personal injury claims. Trust us to diligently navigate the complexities of your case, advocate for your rights, and work tirelessly to ensure you receive just compensation for your recovery and healing.
Understanding Florida’s Car Accident Laws
Florida operates under a no-fault insurance system, which means that a car accident victim will first turn to their own insurance (PIP) to recover a portion of their medical expenses and lost wages, up to policy limits, regardless of who is at fault. However, PIP coverage has limitations and may fall short of covering losses associated with more serious injuries. For example, an injured victim can step outside the no-fault system and bring a personal injury claim if they have sustained an amputation, permanent scarring, or disfigurement.
In these instances, a skilled personal injury attorney becomes invaluable. Our team at Kogan & DiSalvo can thoroughly review the circumstances surrounding your accident, assess the extent of your injuries, and determine all potential avenues of compensation.
What Is the Comparative Fault Rule?
As of March 2023, Florida is now a modified comparative negligence jurisdiction. This means that if plaintiffs (victims) are deemed more than 50% or more at fault, then they will not be able to recover any financial compensation. However, if they are found to be 49% or less at fault, can they recover compensation minus their percentage of fault. This standard will apply in most cases and inevitably play a role in an accident victim’s opportunity to recover damages.
It’s essential to hire a lawyer with the skill and experience to thoroughly investigate your case and defend against any suggestion that you were partially responsible for the accident.
What You Should Do After A Car Accident
In the aftermath of an accident, safeguard your well-being and your potential personal injury case by doing the following:
- Prioritize Safety: Immediately following the accident, prioritize your safety and the safety of others. Call 911, and once the police are on the scene, ensure they file a report.
- Collect Information and Evidence at the Scene: This may consist of photographs or videos you take of your injuries and the damage to your car and the other vehicle. Note weather conditions, landmarks, or nearby businesses. Obtain names, phone numbers, addresses, insurance details, and vehicle registration from each party involved in the accident. If there are witnesses, get their contact information.
- Get Medical Attention: Evenif your injuries seem minor, seek medical attention at an urgent care or ER. Adrenaline may mask the pain of more severe issues. Additionally, this documentation is crucial for insurance claims.
- Report the Accident to Your Insurance Company: Notify your insurance company about the accident as soon as possible, providing an accurate and comprehensive account detailing any injuries and damage. However, do not admit fault, as this could negatively affect your claim.
- Contact A Personal Injury Lawyer: Medical bills, lost income, and other expenses will quickly add up.Consult an experienced Sarasota injury lawyer to ensure you understand your rights.
Selecting the Right Attorney to Handle Your Car Accident Case
As noted, navigating the aftermath of a car accident requires an experienced attorney. Our team at Kogan & DiSalvo could do the following:
- Thoroughly Investigate the Accident: We can investigate the accident and thoroughly examine evidence that could establish negligence on the part of the other driver, e.g., distracted driving or speeding. This could consist of accident reports, medical documentation, subpoenaing cellphone records, speaking with witnesses, reviewing accident images, vehicle damage, skid marks on the road, CCTV or dashcam footage, and reconstructing the events to establish a clear understanding of liability.
- Assess Damages: We ensure that all your losses are accounted for, including medical expenses, lost wages, future lost income, property damage, and pain and suffering.
- Represent Clients in Court: If a fair settlement cannot be reached, we are prepared to represent our clients in court and present a strong and compelling case for damages.
An experienced car accident attorney in Sarasota from Kogan & DiSalvo can play a crucial role in holding at-fault drivers and their insurance companies accountable for your losses.
What Types of Compensation Are Available?
If you are injured in a car accident in Sarasota, you may be eligible to recover financial compensation for your damages, which may include the following:
Economic Damages refer to tangible, quantifiable financial losses that a victim suffers. These damages can be easily calculated and supported by concrete evidence such as bills, receipts, and pay stubs, including:
- Medical expenses from physicians, hospitals, therapists, and other medical service providers.
- Lost wages and future lost income.
- Transportation costs to appointments for medical services and therapy.
- Damage to your vehicle.
- Expenses for medications, mobility assistance devices, and modifications to living space that are needed to facilitate the victim’s limitations due to injuries.
Non-economic damages are the soft costs that are not readily verifiable with invoices or bills, for example:
- Physical pain and emotional suffering
- Psychological trauma
- The effects of permanent scarring or disabilities
- Reduced enjoyment of life
- Physical impairment
- Reduced life expectancy
- Increased susceptibility to future injury or harm
There are two methods of calculating pain and suffering. The first one uses a multiplier, usually a number between 1.5 and 5, chosen by examining the severity of your injuries, the length of your recovery, and the effect of your injuries on your quality of life and mental state. A judge or jury will multiply the total amount of your economic damages by that specific number.
The per diem method is a daily value based on the severity of your injuries and the impact on your life. A jury will multiply the daily value by the number of days the injury persisted and negatively influenced your life.
How Long Do I Have To File A Claim?
Florida’s statute of limitations on personal injury claims is generally two years from the accident date. After that deadline, you may be barred from initiating a claim and lose your right to seek compensation for your losses. Accident victims should also remember that evidence can disappear, and witnesses’ memories can fade, so it is wise to consult with an attorney as soon as possible.
Contact Kogan & DiSalvo for a Free Consultation
When you need a full-service law firm that takes cases on a contingency basis, you can depend on our team at Kogan & DiSalvo. Take the first step toward securing the compensation you deserve for your injuries, medical expenses, and other damages. Contact us today to arrange a free, no-obligation consultation. Since we work on a contingency basis, there are no upfront legal fees unless we win.
