Kogan & DiSalvo – St. Petersburg
7901 4th St N.
St. Petersburg, FL 33702
Phone: (727) 202-2000
Personal injury cases run the gamut, but they all have one thing in common. A person suffers a serious, and perhaps permanent, injury due to another party’s negligence or recklessness. Because of that negligence, you face pain, temporary or long-term disability, the inability to work, financial stress, and other devastating consequences. You may not be able to pay your rent or mortgage or take care of your family. A personal injury is often the start of a downward spiral, all due to someone else’s fault.
But the story doesn’t have to end there. No matter what type of injury you suffered, a St. Petersburg personal injury lawyer at Kogan & DiSalvo can help you during this difficult time. We protect your rights while fighting for you to receive the full compensation you deserve to get your life back on track.
Types of Personal Injury Cases
At Kogan & DiSalvo, we handle the following types of personal injury cases:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Bus Accident Lawyer
- Workers’ Compensation Lawyer
- Slip & Fall Lawyer
- Catastrophic Injury Lawyer
- Wrongful Death
Building Your Case: Essential Steps in Pursuing a Personal Injury Claim
A successful personal injury claim requires strong evidence. Such evidence should prove the defendant’s liability while showing that the plaintiff was not primarily at fault. Evidence also establishes the basic facts of the case.
In a best-case scenario, photos and video are taken at the scene of the accident. However, a seriously injured person may not have the ability to document the incident at that time. If you are able to collect any evidence at that time, try to get the name and contact information of any eyewitnesses. They may be able to corroborate your version of events.
Obtaining evidence promptly is critical when it comes to a personal injury claim. That is another reason why you should contact a St. Petersburg personal injury lawyer as soon as possible.
Statute of Limitations on Personal Injury Claims in St. Petersburg
Keep in mind that the statute of limitations in Florida for filing a personal injury lawsuit is typically two years from the date of the incident. However accidents that occurred before March 24th, 2023 have a 4-year statute of limitations. In wrongful death cases, the statute of limitations is two years from the death date. It is crucial to obtain legal counsel as soon as possible after the injury.
Factors Influencing Your Personal Injury Compensation
There is no simple answer to the question of how much compensation a person might receive for their personal injury case. Every case is different, and the amount of damages awarded will depend on the specific circumstances of your case.
Factors influencing your personal injury compensation include:
The more serious and disabling the injury, the higher the likely compensation. Someone who suffered fractures in an accident but is expected to recover is unlikely to receive the same amount of compensation as a person expected to spend the rest of their life in a wheelchair.
A seriously injured younger person will usually receive a higher damages award than an older individual. That is generally because the young person may have decades of disability ahead of them. Based on actuarial tables, the older person who can no longer work due to their injuries will not be out of work as long as someone much younger.
Other considerations include whether the injured person has young children to provide for. A permanently disabled person in their 30s with small kids may receive higher damages than someone in their 60s whose children are grown.
Occupation and income
The occupation and income of the injured party play a major role in compensation determination. Since lost wages and future lost income are part of any potential damages, someone in an occupation making a large income or who might have expected to make much more money in the future should receive more compensation than a person earning less or with fewer opportunities to increase their future income significantly.
Factors such as level of education, training, and skill sets are all examined.
Percentage of fault
Even if the plaintiff bears some responsibility for the accident resulting in their injuries, they may still be eligible for compensation.
Florida law operates under a modified comparative negligence standard, barring claims in which the plaintiff is determined (by a jury or judge) to be more than 50 percent at fault for the accident. If the plaintiff is found 50 percent or less at fault, their recovery is reduced proportionally to their fault.
For example, a driver who was found 25 percent at fault can still recover, but their award will be reduced by 25 percent in proportion to their fault.
Potential Compensation in a Personal Injury Lawsuit
Potential compensation in a Florida personal injury lawsuit is divided into economic damages and non-economic damages. Determining economic damages is a relatively straightforward procedure. Such damages include:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Property damage
Non-economic damages are more subjective and include:
- Emotional distress
- Loss of quality of life
- Pain and suffering
In rare cases, the plaintiff may receive punitive damages. These damages are awarded to punish the at-fault party because their behavior was so egregious.
Punitive damages are designed to deter others from acting in such a reckless fashion. For example, a drunk driver whose gross negligence results in death and catastrophic injury might be ordered to pay punitive damages.
How Kogan & DiSalvo Can Help Strengthen Your Personal Injury Case
After a serious injury, you need time to recuperate rather than battle with insurance companies. Insurance companies know this and will offer a quick settlement.
Never agree to an insurance settlement, no matter how favorable it may appear, without consulting an attorney. Insurance companies want to pay out as little as possible and settle as fast as they can. It is the insurers’ business model and leaves victims with far less compensation than they might receive had they benefited from legal representation.
At Kogan & DiSalvo, our experienced personal injury attorneys will identify all possible defendants in your personal injury case. Multiple defendants are common, especially in motor vehicle accident cases.
While the driver may prove liable, defects in the vehicle contributing to the crash can mean manufacturers or repair companies bear responsibility. Poor road conditions and maintenance may hold the municipality somewhat liable for a collision.
A personal injury attorney in Pinellas County collects evidence to support your claim. Such evidence may include:
- Police reports
- Medical reports
- Nearby surveillance video
- Interviews with eyewitnesses
There are many ways that we can help strengthen your personal injury case, depending on the circumstances of your injuries. For instance, we may hire accident reconstruction experts to show how a collision unfolded.
Insurers often allege that victims are not as badly hurt as claimed. We can bring in medical experts to offer testimony as to the extent of your injuries and your prognosis.
A vocational consultant can testify as to whether you can perform your current job duties or hold any type of job in the future. An economist can determine the amount of your future lost wages, including bonuses, commissions, and probable raises.
Contact Kogan & DiSalvo Today
While most St. Petersburg personal injury cases are settled, we will go to trial if the insurance company does not agree to a reasonable settlement. Contact us today to schedule a free, no-obligation consultation. We serve all of Pinellas County. Since we work on a contingency basis, you pay no fee unless you receive compensation.