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Palm Bay Car Accident Lawyer

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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 as a No-fault State

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:

  • Permanent injuries
  • Loss of critical bodily functions
  • Scarring and disfigurement
Teenage driver looking at his phone while driving at night

The Most Common Car Accident Causes in Palm Bay, FL

Many car accidents result from the negligence of the other driver. The top causes of car accidents include:

  • Aggressive or reckless driving
  • Bad weather
  • Cutting off another vehicle
  • Distracted driving accidents–this includes but is not limited to texting while driving
  • Drunk driving or driving under the influence of drugs
  • Failure to yield
  • Poor road conditions
  • Tailgating
  • Unsafe lane changes
  • Vehicle malfunction

The Most Common Types of Car Accidents in Palm Bay, FL

The types of car accidents most likely to result in serious injury or fatalities include:

  • Head-on collisions–The most dangerous type of car accident overall.
  • Rear-end collisions–These crashes often occur at intersections, where a distracted driver plows into the car ahead stopped at a traffic light.
  • Rollovers–Speeding contributes to many rollovers.
  • Sideswipes–Improper lane changes or failure to signal causes many sideswipe collisions.
  • T-bone collisions–Also known as a side-impact collision.
Two doctors examining a hip X-ray

Serious Injuries Related to Motor Vehicle Accidents

Common serious car accident injuries include:

  • Amputation
  • Burns
  • Crushing
  • Disfigurement
  • Internal organ damage
  • Lacerations
  • Paralysis
  • Soft tissue injuries
  • Traumatic brain injuries
  • Vision loss

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.

Do’s & Dont’s After an Auto Accident in Palm Bay

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.

Do’s

  • Ensure safety at the scene: First, make sure everyone is safe and out of harm’s way. If the vehicles are blocking traffic and only property damage is involved, Florida law requires you to move them. However, if injuries are involved, wait for law enforcement to arrive before moving the vehicles. Palm Bay car accident lawyers often emphasize the importance of documenting the scene with photographs before anything is moved.
  • Seek immediate medical attention: Florida’s Personal Injury Protection (PIP) insurance requires you to see a doctor within 14 days of the accident to be eligible for benefits. Even if you feel fine, injuries like whiplash or other soft tissue damage can take time to manifest, so getting checked out is crucial.
  • Contact your insurance company: Notify your insurance company of the accident as soon as possible. While Florida is a no-fault state, your insurance will need to open a personal injury claim to cover your medical expenses and lost wages. However, avoid admitting fault during this conversation.
  • Gather information: Obtain a Driver Exchange of Information form from law enforcement at the scene. This document includes vital information about the other drivers, their insurance companies, and the vehicle owners.
  • Document everything: Keep detailed records of all medical treatments, expenses, and how your injuries impact your daily life. This documentation will be crucial for your personal injury claims.

Don’ts

  • Don’t discuss the accident with other drivers: Avoid making any statements to other drivers involved in the crash. Your words could be used against you later. Only share details with law enforcement.
  • Don’t give a recorded statement: Refrain from providing a recorded statement to any insurance company, especially immediately after the accident. Wait until you have consulted with a personal injury attorney to ensure you don’t inadvertently harm your case.
  • Don’t sign anything: Never sign any documents from an insurance company, even your own, without consulting an auto accident lawyer. These documents might limit your ability to claim the compensation you deserve.

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.

What to Do If the Other Driver is Uninsured or Underinsured

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.

The Concept of Negligence and Car Accident Lawsuits

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.

An insurance adjuster with a clipboard examining the scene of a car accident

Potential Compensation in Palm Bay Car Accident Lawsuits

Potential compensation, or damages, in a Florida car accident lawsuit contain economic and non-economic elements. The former may include:

  • Medical expenses, current, and future
  • Lost wages
  • Future lost income
  • Property damage
  • At-home care during recuperation, such as cleaning or nanny services

Determining economic damages is relatively straightforward. Non-economic damages are more complex because they are more subjective and may include the following:

  • Pain and suffering
  • Mental anguish
  • The loss of ability to enjoy life

The Car Accident Claim/Lawsuit Process

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.

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

The Burden of Proof in a Car Accident Case

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.

Statute of Limitations

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.

How Kogan & DiSalvo Can Help

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.  

Two people shaking hands over legal documents and a gavel

Contact a Palm Bay Car Accident Lawyer Today!

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: 1012 |

Average rating: 4.9

5

Samantha was extremely helpful and attentive to my case! Thank you so much for all your hard work and effort!

5

Samantha was amazing to work with, detailed me throughout every step of the process and was extremely helpful and extremely friendly throughout my entire case, I recommend her and this firm

5

Thank you (Paul!!)and the rest of the team By far the best experience ive had with a law firm they genuinely care about their client (Like family)and their well-being and they’re all about doing what’s best for the client they gave me their word and stood behind it with their actions in helping me settle my case.I would HIGHLY recommend Kogan&DiSalvo personal injury lawfirm To anyone lookin for top notch quality service, thank you guys so much i really appreciate the hard work you guys put in for me!

5

Very great and didn’t forget about us thank you so much

5

Client: Charles Seitter ; Stephanie , Samantha and Paul. Your goto personal injury attorneys and company.

5

Everyone was very professional and nice

5

Unfortunately I was involved in an accident, for which I didn’t see the need for an attorney. But I am happy I took the advice to get the help of the team at Kogan & Disalvo. They made sure my medical bills are paid.
Thank you

5

My wife and I were hit in the rear by an 18 wheeler, that was loaded with bricks. Fortunately we were able to walk away, but I sustained damage to my back and neck. I can’t thank this law firm enough for the advice they gave me. It took quite a while to finally settle the case. Tiffany did a great job preparing me for my disposition, and I was very pleased the way she handled the eventual arbitration.
Thank you Tiffany, and the entire staff for their professionalism. I have no hesitation in recommending them to others in need of legal advice.

5

I highly recommend hiring Kogan & DiSalvo! They worked very efficiently and diligently to settle my case. There were a few setbacks and delays but Amanda Hudson conquered them without hesitation! If I ever need an injury lawyer I will only trust Kogan & DiSalvo!

5

Brian Andino was an outstanding lawyer who, along with his hard-working team, handled my personal injury case with professionalism and care. I was injured in a parking lot that was not maintained properly, and Brian, supported by his diligent staff, helped me navigate a complicated legal process with ease. His team was always responsive, organized, and ensured that I stayed informed at every stage of the case.

Brian’s expertise was evident in the way he built a strong case, and his team’s attention to detail made a significant difference. Together, they fought hard to secure a fair settlement for my injuries, holding the negligent parties accountable. I always felt like Brian and his team genuinely cared about my recovery and well-being.

I highly recommend Brian Andino and his dedicated team to anyone in need of skilled, compassionate, and thorough legal representation.

5

We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.

5

Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.

5

Jessica and jay the best attorneys that can handle your case

5

I’ve never had to get an lawyer due to an accident before, Kogan and DiSalvo made this process and head ache free as possible. I hope that it doesn’t come to it but if I ever needed to choose someone again I would choose them.

5

I loved my experience with my Lawyer George and Macy and Victoria are the absolute sweetest!!

5

Love attorney Rachel~ She gets the job done fast and is thorough as well as informative. Such a genuine firm whom truly cares about people and what they deserve from the pain and suffering of being hit. Her assistant Oxsana is also fabulous. Highly recommend.

5

Great experience with K&G from beginning to end! Amanda worked diligently and kept me informed on any updates throughout the case. My lawyer Jay was also straightforward and trustworthy, he walked me through his plans and processes. Everything was handled well, I didn’t even have to think much about the case or stress. I’m glad I chose this firm & would return if ever necessary!

5

Love this firm!

5

I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.

5

I hired Kogan & DiSalvo after an auto accident involving a tractor trailer. Honestly, I was dreading having to deal with a law office, but my attorney, Todd Baker, and his staff immediately put me at ease with their professionalism, compassion and expertise. The whole legal process was easier than I had expected, and Todd did a stellar job in negotiating a settlement in my case. I am very happy that I chose Kogan & DiSalvo to represent me. Thanks again!

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