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According to Florida Highway Safety and Motor Vehicles (FDHSMC), from January 1 to November 24, 2022, there were 340,747 car accidents. These crashes resulted in 140,270 injuries. Car accident victims face long recoveries and daunting medical and rehabilitation expenses. Their injuries may preclude them from working for a prolonged period or possibly ever returning to their former jobs. However, you may file a personal injury lawsuit if another party caused the accident via negligence or recklessness.
As the largest city in Brevard County, Palm Bay drivers share the roads with many other motorists. There is also U.S. 1, I-95, and other major highways with which to contend. The more traffic congestion in an area, the more likely car accidents will occur. In 2021, there were more than 4,000 car crashes in Brevard County. If this has happened to you, contact a car accident lawyer in Palm Bay at Kogan & DiSalvo. Our team can investigate your case thoroughly and fight for you to receive the compensation you need to rebuild your life.
Florida is a no-fault state for auto accidents and is designed to reduce personal injury lawsuits. It makes no difference under no-fault which party was responsible for the crash. All motorists must carry Personal Injury Protection (PIP) coverage which pays their medical bills and a certain percentage of lost income.
However, no-fault does not apply when a car accident victim suffers severe injuries, and their medical bills exceed their PIP coverage. Under these circumstances, the victim may file a lawsuit against the at-fault driver. The following types of injuries qualify as severe:
Many car accidents result from the negligence of the other driver. The top causes of car accidents include:
The types of car accidents most likely to result in serious injury or fatalities include:
Common serious car accident injuries include:
Many of these injuries result in permanent or long-term disability. The victim may no longer have the ability to care for themselves. In addition, they may require numerous surgeries and rehabilitation.
After a motor vehicle accident in Palm Bay, FL, knowing what to do—and what not to do—can significantly impact the outcome of your car accident case. Here are some essential do’s and don’ts to guide you through this stressful time.
The list above should help protect your rights and strengthen your car accident case. Palm Bay car accident lawyers from Kogan & DiSalvo are here to guide you through the process, ensuring you receive the compensation you deserve.
If you’re involved in a car crash with an uninsured or underinsured driver in Palm Bay, FL, it’s crucial to know your options and take the right steps to protect your interests. Unfortunately, Florida has a high percentage of uninsured drivers, and this can complicate car accident cases.
First, you should report the accident to your insurance company immediately. Even though Florida’s no-fault insurance system means your own personal injury protection (PIP) coverage will handle your initial medical expenses, these benefits may not be enough if your injuries are severe. If your costs exceed your PIP limits, having uninsured/underinsured motorist (UM/UIM) coverage becomes essential. This coverage can help bridge the gap and compensate for damages that exceed what your PIP covers.
Additionally, consulting with a Palm Bay traffic accident lawyer is highly recommended. An experienced attorney can navigate the complexities of personal injury cases involving uninsured drivers. They can assist in negotiating with your insurance company to maximize your compensation and explore other avenues for recovery. For instance, your lawyer might investigate whether a third party, such as the at-fault driver’s employer or a municipality, could be held liable for the accident.
If the uninsured driver lacks the financial means to cover a judgment, your lawyer can also assess the viability of pursuing additional compensation through other legal avenues. Taking these steps ensures that you’re not left bearing the financial burden after a car accident.
Florida operates under a pure comparative negligence rule. That means you could still receive compensation even if you were partly at fault. However, your compensation is reduced by the percentage of fault awarded by the jury. In many states, a person considered more than 50 percent responsible cannot receive compensation. That is not the case under “pure” comparative negligence.
For instance, if you are deemed 20 percent at fault for the crash, a $100,000 award is reduced by $20,000 to $80,000.
Potential compensation, or damages, in a Florida car accident lawsuit contain economic and non-economic elements. The former may include:
Determining economic damages is relatively straightforward. Non-economic damages are more complex because they are more subjective and may include the following:
When recovering from a serious injury, you do not want to negotiate with an insurance company–their business model is based on settling car accident claims as quickly and cheaply as possible. Unfortunately, what sounds like a substantial settlement to the uninitiated often is not fair at all—the amount, for example, may not cover future medical expenses.
It’s best to trust the negotiations with an accident attorney in Palm Bay. They know a reasonable settlement value for your circumstances.
In a personal injury case, you must meet a burden of proof. First, you must prove that the defendant owed you a duty of care. In a car accident case, that is easy to prove–all drivers owe everyone else on the road the duty to drive safely. Next, you must show that the defendant breached that duty by their negligence. Your claim must establish that the defendant’s negligence caused your injuries. Finally, you must then show actual harm done to you so that you may receive damages such as payment for medical expenses and lost wages.
Florida’s statute of limitations for filing a personal injury lawsuit is much longer than in most states. Generally, the statute of limitations for filing a car accident lawsuit is two years. However, it is vital to seek legal advice as soon as possible to avoid the loss of valuable evidence.
At Kogan & DiSalvo, our personal injury attorneys would immediately start investigating your case. For instance, if you suspect the driver responsible for the crash was texting, an attorney can obtain cell phone records and interview any eyewitnesses. Surveillance video provides a great deal of information, but traffic cameras and video from nearby homes or businesses are usually available for 30 days or less before it is taped over. That is why time is of the essence when it comes to proving fault in a Palm Bay car accident case.
Determining which parties are responsible for an accident is not always clear-cut. Besides any other drivers involved, the investigation may show that a vehicle malfunction contributed to the crash. Under such circumstances, the manufacturer or a repair facility may hold some liability. Perhaps poor road maintenance or traffic signal malfunctions played a role, and the city of Palm Bay may bear responsibility. It is not unusual for a car accident case to include multiple defendants.
We may work with accident reconstruction specialists to explain how the collision occurred. Medical experts may testify about the extent of your injuries and prognosis. Financial professionals can provide expertise regarding the long-term expenses expected due to the accident. Finally, vocational experts may testify about your ability to return to your former level of employment or whether you can hold a job in the future.
If you or someone you know was seriously injured in a car accident due to another party’s negligence, you need the services of an experienced Palm Bay personal injury attorney at Kogan & DiSalvo. Schedule a free, no-obligation consultation today. We serve Brevard County and all of South Florida. Because we work on a contingency basis, there is no fee unless you receive compensation.
Total reviews: 1204 |
Average rating: 4.9
kathleen guch
Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
David Delcid
(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹
(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹
mirian godinez
Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
Brent Arnold
Jennifer was amazing throughout the whole process.
carol rodriguez
I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
James Pinto
Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
Scott Solomon
My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
Alan9095 Jones
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Juan
I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan
Dawn M.
Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
Titus Travis
Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!
david Riggsby
They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.
Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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