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Stuart Catastrophic Injury Lawyer 

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A catastrophic injury is a severe life-changing event. Florida law defines a catastrophic injury as a permanent impairment. These injuries include brain damage, spinal cord damage, severe burns, blindness, and amputations. Beyond the extensive physical damage, victims can dive into depression coiled by anger, and the related expenses can cause financial ruin.

If someone else or an entity caused the injury, the law provides the way to become financially whole again. To access the justice system, contact a Stuart catastrophic injury lawyer for a free consultation without any obligation.

An experienced personal injury attorney can assess the strength of the case and advise how best to proceed.

Comparative Negligence in Florida

A gavel laying on top of a legal book in front of scales

Florida has adopted the modified comparative negligence standard in assessing who is at fault in an accident. Under this standard, a person who is at fault, or partially at fault, cannot claim all of the damages incurred. Lawmakers’ rationale is that a person who is in any way responsible for causing an accident should be held financially accountable.

In situations when more than one person was at fault, the blame is assigned by a jury based on the facts. If the plaintiff is found 50% or less at fault, their overall recovery is reduced in proportion to their fault. If they are found 51% or more at fault, they are prohibited from recovering entirely. For example, if a plaintiff is found to be 30% at fault for their injuries, they will recover 70% of their damages. Conversely, if a plaintiff is found to be 70 percent at fault, they can’t recover. Damages are proven by evidence and determined by a judge or jury.

To prove fault, the law has elements that must be met.

  • Duty of care: This is a legal obligation requiring a person to act with the prudence toward others that a reasonable person would. A judge decides if a duty of care is owed
  • Breach: A person commits an act, or fails to act reasonably, violating the duty of care
  • Cause in fact: “But for” the breaching act or lack of action, the accident would not have occurred
  • Proximate cause: The act or inaction had a foreseeable result in causing harm or property damage
  • Damages: A person incurred a monetary loss or injury

Potential Compensation After a Catastrophic Injury

A person harmed by the negligent act of another may sue for damages. These include:

  • Medical and therapy treatments and equipment for immediate and long-term care
  • Current and future lost income and retraining if the injury prevents the victim from returning to previous employment
  • Pain and suffering
  • Emotional distress
  • Loss of companionship or consortium
  • Punitive damages, which are imposed if the negligent act was egregious
  • Property damage

Role of a Catastrophic Injury Attorney

The personal injury attorneys at Kogan & DiSalvo in front of their office building

Memories of witnesses and those involved in an accident are still fresh soon after the event, so it is best to hire a Stuart catastrophic injury lawyer promptly to help build a strong case. An attorney will gather physical evidence from the scene to help reconstruct the accident, collect medical documents and other pertinent records to prove present and future damages, and calculate the amount of damages to be claimed.

A Stuart catastrophic injury lawyer will interview the parties involved and witnesses under penalty of perjury to present testimonial evidence.

The attorney will build a lawsuit that details the accident, alleges fault, and supports the amount of damages claimed. Once the lawsuit is filed with the court, the legal process continues with various motions from both sides requiring responses from the attorneys. In court, the catastrophic injury lawyer will strategically select jurors and aggressively present the evidence at trial.

Many civil cases never go to trial. In that situation, the attorney will negotiate with the insurance carrier (which tries to limit the amount of damages) to achieve a fair personal injury settlement that the client will accept.

Total reviews: 1238 | Average rating: 4.9

5

I’m certainly grateful for the Kogan & DiSalvo firm for their dedication for the pursuit of my case. I pray that I do not have to have another case again, yet if I do or anyone else I know does, I certainly would refer them to contact Kogan and DiSalvo. Thank you all for the pleasant, straightforward and seamless process!

5

They are dedicated and helpful

5

The was very professional and willing to work with you and make show you get what you deserve.

5

We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.

5

I’m very grateful to Kogan & DiSalvo Personal Injury Lawyers for the work they put into my case especially Samantha, the paralegal. She was a key part of the process from start to finish. Samantha made everything clear and straightforward, always taking the time to explain things and keeping everything on track. Her experience and efficiency really stood out. I’m thankful she was part of the team and truly appreciate everything she did.

5

The personal care that this office gave me was impeccable and I couldn’t be more appreciative

5

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.

5

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.

5

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

5

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

5

My experience here at Kogan & Di Salvo has been very good from the start. Everyone is very professional and caring.

5

Great experience

5

You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!

5

You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!

5

Dan & Lauren were amazing to work with! Very efficient and always there to answer any questions. Thanks for everything

5

Great people that work
for you

5

they handled my case very well, and i’m happy with the outcome!

5

I’m truly grateful for the job well done. It was a great firm to work with. They kept me update on the process from start to finish. I truly recommend them.

5

Great attorneys and staff! Lauren and Attorney Collins took great care of everything. Incredible experience with Kogan & DiSalvo contact them for a hassle free experience!

5

Kogan & disalvo are literally the best lawyers to ever work with ! They cared tremendously and always kept me in the loop with me and my daughter’s case. They fought hard to get us a great compensation in just under 9 months . I would recommend them to anyone thanks again yall rock!

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