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The car accident itself lasts just seconds. Its impact may affect you and your family for the rest of your lives. Because of the negligence of another person or entity, your life and health are turned upside down. In Indian River County, you need the services of a good car accident lawyer to help rebuild your life by holding those responsible for your injuries liable.
A Vero Beach auto accident attorney at our law firm will fight for you so that you may receive the maximum compensation you deserve for your injuries. Call today for a free consultation with Kogan & DiSalvo.
Florida Statute 627.7407 outlines Florida as a no-fault state. This means that when traffic accidents occur, the injured party’s own auto insurance carrier can provide compensation for their medical expenses and lost income, no matter who caused the accident. Unless the accident caused serious injuries, the other driver will not be held liable.
However, if the plaintiff’s injuries meet the “serious injury” threshold, they may be able to seek compensation in civil court. This threshold may apply if the plaintiff suffered:
Since these circumstances are vague and can be left open to interpretation, our seasoned team of car accident lawyers in Vero Beach could increase the chances that a plaintiff is given a fair settlement or a jury award to cover their injuries.
Leading causes of car accidents include:
In South Florida, certain weather conditions contribute to car accidents. While ice and snow are not an issue, thunderstorms accompanied by pouring rain occur frequently. High wind gusts can cause a loss of vehicle control. Poor road conditions play a role in some accidents. Under these circumstances, the government agency responsible for road maintenance may be liable.
The most frequent types of car accidents and their aftermath include:
Common serious car accident injuries include:
Victims may also develop PTSD after an accident. The effects may include flashbacks, nightmares, mood swings, inability to sleep, fear of being in a car or in the area where the accident occurred, and other emotional and psychological symptoms.
Under Florida law, there are five elements pertaining to negligence. To succeed in a car accident lawsuit, all of these elements must be in place and proven.
The first is the establishment of a duty of care. When driving, motorists have a duty of care to keep others safe to the best of their abilities. When another driver causes an accident causing an injury, they have usually breached that duty of care. That breach is the second element regarding negligence.
It is not unusual for a car accident victim to be partly at fault for the crash. Under Florida’s recently revised modified comparative fault law, the third element regarding negligence, the jury determines the percentage of each party’s fault. If the plaintiff is found to be 50% or more at fault for the accident, they cannot recover anything. If the plaintiff is found to be 49% or less at fault, they are able to recover.
Next is establishing the cause of your injuries. Generally, this element is not difficult. For example, if the other driver had not been speeding, they would not have crashed into your car, causing your injuries.
Finally, your lawyer must show that you suffered damages. This is also not difficult to prove if you were seriously injured.
Liability is a crucial concept in any motor vehicle accident, determining who is responsible for the damages and injuries that result. In a car accident case, establishing liability is essential for car accident victims to secure compensation for their losses. A Vero Beach traffic accident lawyer plays a vital role in proving liability, ensuring that the at-fault party is held accountable.
In Florida, which follows a comparative negligence rule, liability can be shared among multiple parties. This means that even if a victim is partially at fault for the accident, they can still recover damages, though their compensation will be reduced by their percentage of fault. For example, if a victim is found to be 20% responsible for the accident, their compensation will be reduced by that amount.
Insurance companies often try to shift as much blame as possible onto the victim to reduce their payout. This is why it’s crucial to have an experienced car accident lawyer handling your insurance claim. A skilled Vero Beach car accident lawyer will gather evidence, such as police reports, witness statements, and expert testimony, to establish the other party’s liability.
Understanding and proving liability is key to ensuring that car accident victims receive the compensation they deserve to cover medical bills, lost wages, and other related expenses.
Compensation, or damages, falls into economic and non-economic categories. Quantifying the former is straightforward, such as the amount of wages lost during your recuperation. The latter is more subjective and depends on individual circumstances.
Economic car accident damages may include:
Non-economic damages include:
The average car accident settlement in Vero Beach, FL, typically ranges between $10,000 and $80,000. However, as a general idea, in personal injury cases involving severe or catastrophic injuries, settlements can reach into the millions. The settlement amount in a personal injury claim is influenced by various factors, which Vero Beach car accident attorneys carefully evaluate to ensure fair compensation.
Key factors that can impact the settlement amount include:
Each personal injury case is unique, and our Vero Beach motor vehicle attorneys work diligently to maximize the settlement based on the specifics of the case.
Most car accident claims are settled. However, if the insurance company fails to agree to a reasonable settlement, the victim may take their personal injury lawsuit to the trial stage. A trial involves both sides delivering opening statements, presenting evidence and witnesses, and presenting closing arguments. The case then goes to the jury to decide. Since trials are costly and time-consuming, pre-trial settlements are common. Such settlements require both parties to agree to the settlement terms before the trial starts.
Generally, the statute of limitations in Florida for filing a car accident lawsuit is two years from the date of the collision.
In a worst-case scenario, a car accident victim dies from their injuries. Surviving family members can file a wrongful death lawsuit against the parties responsible for the loss of their loved one. In Florida, only the personal representative of the estate may file a wrongful death lawsuit. That representative, also known as an executor, files the wrongful death lawsuit on behalf of surviving family members.
The statute of limitations for filing a wrongful death lawsuit is two years from the death date.
Compensation in a wrongful death case may include:
Our experienced personal injury lawyers at Kogan & DiSalvo in Vero Beach, FL will investigate your car accident claim thoroughly. We will determine which parties or entities are liable for the collision. We will find medical experts to make sure your injuries receive proper treatment.
We will handle all negotiations with the insurance companies while you recuperate from your injuries. An insurance company’s business model involves settling for as little as possible but relatively quickly. What sounds like a reasonable amount to you–especially if you have no income due to the accident and no vehicle–is probably far less than the amount you will need to pay your medical expenses and get your life back on track. Insurance companies are notorious for lowball offers. Never agree to an insurance settlement before speaking with a personal injury attorney.
At Kogan & DiSalvo, we know the value of your claim based on your injuries and circumstances. If the insurance company refuses to settle for a reasonable amount, we will pursue litigation.
If you or someone you know was seriously injured in a car accident because of another party’s negligence or recklessness, contact a personal injury lawyer in Vero Beach at Kogan & DiSalvo today. Schedule a free, no-obligation consultation. As we work on a contingency basis, you pay no fee unless you receive compensation.
Total reviews: 1204 |
Average rating: 4.9
kathleen guch
Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
David Delcid
(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹
(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹
mirian godinez
Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
Brent Arnold
Jennifer was amazing throughout the whole process.
carol rodriguez
I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
James Pinto
Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
Scott Solomon
My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
Alan9095 Jones
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Juan
I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan
Dawn M.
Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
Titus Travis
Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!
david Riggsby
They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.
Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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