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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.
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I had a wonderful experience working with this team especially Mia, Amanda and Rick. They were very communicative and worked great together in getting the best outcome for me. Definitely a good camaraderie. I highly recommend Kogan and Disalvo team to everyone, they are supper professional and beneficial ! GREAT TEAM!
Was very happy with the way these attys help ed me especially Chiselle they were exactly what I wanted and needed . I would definitely recommend them anytime
Communication was great, explained process clearly, fast to respond.
Working with Kogan and DiSalvo and specifically Rachel and Jennifer was very satisfying and rewarding. They made the process very easy and answered all my questions. I truly recommend the law firm of Kogan and DiSalvo for anyone who requires their services.
Words cannot describe how grateful I am to have had such an amazing team on my case. Sam & Rachel really worked around the clock diligently to get me the best compensation for my injuries. I could not be happier with this firm. Thank you all for the amazing work. What a wonderful team!
Kogan & DiSalvo were excellent in assisting me after my car accident. Very attentive to my needs. Professional & courteous in all matters. I would recommend them to anyone needing legal assistance.
Good lawyers to get the job done thanks to jay for handling my case your the best
Great job
Very professional, great communications, and successful results. A pleasure to work with all the staff.
Kogan & DeSalvo: A Stellar Legal Experience
I recently had the pleasure of working with Kogan & DeSalvo for a legal matter and I was thoroughly impressed. From the outset, Jay London’s expertise and dedication were evident. He patiently walked me through the entire process, ensuring I was informed and empowered every step of the way. His communication was outstanding, always available to address my concerns and answer any questions I had. I truly felt like a priority throughout the entire process.
Christina B, the paralegal, was equally remarkable. Her professionalism and efficiency were unparalleled. She handled all the administrative details seamlessly, allowing Jay to focus on the legal aspects of my case. She was always pleasant and approachable, making even the most mundane tasks feel manageable.
I wholeheartedly recommend Kogan & DeSalvo for anyone seeking exceptional legal representation. Jay’s legal acumen, coupled with Christina’s organizational talents, makes for a winning team. Thank you, Kogan & DeSalvo, for a truly positive experience during a challenging time!
One of the best firms I’ve ever had the pleasure to work with.
The entire team did a great job with follow up and results. Special thanks to Tiffany!
I had to dismiss my prior attorney do to unprofessionalism, lack of follow up & inexperience. I decided to go with Ted DiSalvo with the Law Partnership of Kogan & DiSalvo. What a complete 180° difference! Not only is Ted highly experienced, but his Team is AMAZING! Everyone is super professional & caring!… THEY KNOW WHAT THEY’RE DOING! The best part is the follow-up and guidance! It’s a huge relief knowing your part of a team that truly cares about YOU and your individual situation.
Thanks Kogan & DiSalvo
GW🦈
⭐⭐⭐⭐⭐⭐⭐⭐⭐⭐ – 10 Stars!
(Translated by Google) I recommend this firm, lawyers helped me throughout the entire process of my accident and always thought about my well-being. Totally satisfied and grateful with the service.
(Original)
Recomiendo esta firma abogados me ayudaron en todo el proceso de mi accidente y siempre pensaron en mi bienestar. Totalmente satisfecha y agradecida con el servicio.
(Translated by Google) Excellent company I recommend them 100 percent
(Original)
Excelente compañía los recomiendo 100 por ciento
I’m glad that I used Kogan And Desalvo. They truly made me feel like I was family. Very easy to talk to you about anything you needed help with. I especially thank Jay London, esq and Samantha Juerakhan The paralegal to Jay London, and his amazing team. They made this very easy and fast. Love these guys and ladies. 5 star team all the way🥳🥳🥳💚
It took a while, but the results were well worth the wait. My attorney J London was excellent. And his associate Gisseiie, they were the best
Very nice people so professional and they keep you posted of how your case is going.
Jay is amazing! Took my horrible experience and made sure my health and well being came first!
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