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South Florida’s spectacular weather and beautiful scenery make it a great place for motorcyclists to ride. However, that enjoyable outing can turn into tragedy in seconds if you are a victim of a Palm Bay motorcycle accident. In 2021, the Florida Department of Highway Safety and Motor Vehicles reported 288 motorcycle accidents in Brevard County.
Consider yourself fortunate if you survived the collision since many motorcyclists succumb to their injuries after getting hit by a much larger vehicle. A Palm Bay motorcycle accident lawyer at Kogan & DiSalvo will help you during this difficult time and fight so that you may receive the compensation you deserve for your injuries.
The shell of a car or truck offers some protection to occupants when an accident occurs. That is not the case when a motorcycle is involved. Motorcyclists are just far more vulnerable.
The four most common types of motorcycle accidents include:
Any one of these motorcycle accident types can result in severe injury or death.
Common causes of motorcycle accidents include:
Of course, drunk or distracted driving on the part of motorists contributes to many motorcycle accidents in Palm Bay. Driver inexperience also plays a role in some collisions.
For many motorcycle accident victims, a serious injury may bring about the end of their lives as normal, functioning human beings. Catastrophic motorcycle accident injuries are often of such magnitude that supportive care, wheelchairs, or other necessities are required for the rest of their lives. Even those who do recover fully from a devastating injury have a long road to recovery.
Common motorcycle injuries include:
In Florida, automobile drivers must carry Personal Injury Protection (PIP). Because Florida is a no-fault state when it comes to car accidents, a driver’s PIP pays the medical bills no matter who was at fault for the crash. Only those suffering certain severe injuries may file a lawsuit against the at-fault driver.
That’s not the situation when it comes to Florida motorcyclists. The state does not require motorcyclists to carry PIP and there is no injury threshold to meet to file a personal injury lawsuit against the at-fault party in a motorcycle accident.
What if you are partially at fault for the accident? That is not uncommon, but under Florida’s modified comparative negligence laws you can still receive compensation even if you are partly responsible for the collision.
However, any compensation is reduced by your degree of fault. If you are found to be more than 50% at fault for the accident, you cannot recover at all. For instance, if a jury finds that you were 20 percent at fault for the collision, a $100,000 award is reduced by that percentage to $80,000. If a jury finds you were 51% at fault, your recover will be barred entirely.
Proving a motorcycle accident claim requires gathering as much evidence as possible. Such proof must show that another driver or entity is at fault. Multiple parties may bear liability for a motorcycle accident. For instance, the motorist may have been distracted, either by talking on a cell phone or putting their attention elsewhere than on the road. A malfunctioning car or motorcycle can put the onus on the manufacturer.
Your attorney conducts a thorough investigation of the accident. The investigation includes:
Your attorney negotiates with the insurance company so that you can receive the maximum compensation. Based on your circumstances, the attorney knows a reasonable settlement amount for your claim. If the insurance company refuses to offer a fair settlement, you may file a personal injury lawsuit against the defendants.
It is critical to note that you should always consult a personal injury lawyer after a motorcycle accident rather than accept an insurance settlement offer. Insurance companies want to settle for as little as possible as fast as possible. Once you agree to a settlement, you cannot go back and reopen the claim. An attorney protects your interests and negotiates aggressively with insurance companies on your behalf.
Compensation, or damages, in a motorcycle accident case may include:
Generally, the statute of limitations in Florida for filing a personal injury lawsuit is two years from the date of the accident. However, it is crucial that you engage a Palm Bay motorcycle accident lawyer as soon as possible. Waiting too long to obtain legal counsel can mean that valuable evidence can vanish.
For instance, nearby homes or businesses may have surveillance videos documenting the motorcycle crash. Such videos are usually available for only a short window, depending on the system. A video of the crash scene may prove the case but obtaining it involves swift action by your attorney.
You need legal counsel deeply familiar with Florida motorcycle law. If you or someone you know was seriously injured in a motorcycle accident because of another party’s negligence or recklessness, contact an experienced Palm Bay personal injury attorney at Kogan & DiSalvo. Schedule a free, no-obligation consultation to discuss your case. Since we work on a contingency basis, there is no fee unless you receive compensation.
Total reviews: 1183 |
Average rating: 4.9
Steve Hacker
Gary Jenkins
My car was rear ended on I95 in Virginia in a multi vehicle accident. My car was totaled and I had injuries that worsened days after.
Samantha, from Kogan and DiSalvo, was my point representative. They helped me arrange my medical treatment so I could recover while they took care of the paperwork. They dealt with the insurance companies, and the out of state police and witness reports.
After treatment I’m back to normal. Kogan and DiSalvo took the headache out of dealing with all involved parties.
I highly recommend them.
Jason Dworken
My rep team here was Paul and Stephanie. They really helped me in navigating getting my medical taken care of from an accident. They were awesome at keeping me informed about the case and confidentially getting it done. Much appreciation, Big thanks guys!
Cathi Guidara
Jay London handled my case so well! He is professional, courteous and knows exactly how to navigate the process for a client. Thank you Kogan & DiSalvo and especially Jay London! I recommend this firm, 100%.
Elana Hansen
I had the pleasure of working with Kogan & DiSalvo Personal Injury Law Firm. Upon retention, their team was incredibly professional, compassionate, and dedicated to my case. Tiffany, accompanied by her legal assistant Maria, and paralegal Michelle, offered me personalized attention. From the beginning, their priority was to build a rapport , acknowledging the unique circumstances of my case, and further strengthened my confidence in their capabilities. The time taken to listen to my concerns and ensure I understood every step of the process only echoed the principles and foundation on which this firm has been built. Their expertise in personal injury law is evident, and they fought tirelessly to secure the compensation I deserved. Thanks to their hard work and consistent communication, I felt supported throughout the entire ordeal. If you’re looking for a law firm that truly cares about its clients and delivers results, look no further than Kogan & DiSalvo.
Ezra H
I had the pleasure of working with Amanda Hudson and found her to be exceptionally professional, knowledgeable, and efficient. Her attention to detail, clear communication, and thorough understanding of personal injury law greatly contributed to a smooth and well-managed process. I highly recommend her for any legal support needs.
carol Cedeno
Samantha,
Was truly a blessing from the moment we met we connected she walked us through everything she took care of all over her needs always answered our calls made everything so simple her professionalism was wonderful
Richard Wohlman
Had my interest at heart. Professional and compassionate.
Nalson Samedifede
Great law firm to fight for you when you feel like you’re not gonna win, but they tell you that we’re going to win this case no matter what
Marcia Stern
I was very pleased to have Kogan & DiSalvo handle my case. Ted DiSalvo was open and very caring. He let me know what to expect and took my calls. Ted and the whole Firm Ian A+ in their efficiency and communication. I hope I never need them again, but if I do, I will call them immediately.
Cathy Serini
I highly recommend using Kogan & DiSalvo. Tiffany Fanelli, my litigation attorney, was a tremendous asset to my case. Thank you to Darryl Kogan and his entire team.
Milli Toutou
I want to take a moment to sincerely thank Jennifer Langlois and her incredible team for the exceptional care and support they provided to my son and me following our car accident.
From the very beginning, Jennifer’s professionalism, compassion, and expertise put us at ease. Thanks to her, we were able to fully focus on our healing and day-to-day responsibilities without the added stress of managing our legal case. She handled everything seamlessly and efficiently, always keeping our best interests at heart.
If you’re ever in need of someone who truly cares and delivers outstanding service, I wholeheartedly recommend Jennifer Langlois at Kogan & DiSalvo. She made a difficult time so much more manageable, and we’re deeply grateful.
Christian Hernandez
Daniel and Lauren did a tremendous job. Their communication is amazing, the fought for me and took the time to explain everything step by step, this was almost a 2 year headache(for me) but glad that at the end they did the best thing for me. They treated me super nice and professionally, I definitely recommend them for anything that they can help you. I want to say thank you guys for all the help and everything you guys had done for me!
Nancy Jeffery
I received great advice and service from Kogan & DiSalvo. Jessica S really helped me navigate through the process. Thank you!
victor mendez
I couldn’t have asked for a better lawfirm i was so happy with my turnout
Jay you are awesome and I will always referr your services to everyone!!!
Thanks Again
Rodrianna Antoine
Kogan and Disalvo took care of me from start to finish. I am grateful for how well they handled my case! Thank you, Kogan and Disalvo!
Vanna Marie
This Firm is Amazing!!! Tiffany and Sam are phenomenal, they made sure that I completely understood what was going on and they were honest. Everyone is super sweet and very patient. Tiffany and Sam have helped me a lot and I am very grateful for this office. Very knowledgeable and hardworking attorneys, I definitely recommend !!
Brenda Gibbons
My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.
Ivelisse Torres
Amazing!!! Thank you. Thank you for making this process so easy. Thank you for making me feel comfortable. I would recommend you guys to anyone in need!
Brianna Cataudella
Great experience
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