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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: 975 |
Average rating: 4.9
This firm has did an amazing job
In the beginning of my case Amanda and Rachael took my information about my accident. They called me when needing more information regarding my case, found me the proper medical doctors for treatment, and followed up with my progress or other issues that occurred regarding my injuries. Later I was introduced to George Bakalaar who handled the rest of my case. I believe George, Macy, and Victoria were dedicated in helping me get the settlement I deserved.
The Absolute Best Personal Injury Attorneys Out There They Will Fight For You To Get What You Deserve And Will Take The Case To Trial If You Don’t Like What The Insurance Companies Are Trying To Settle The Case For These Are Honest Lawyers Who Say We Work For You I Had A Great Experience Me And My Mother Auto Accident The Best Lawyers In South Florida Hands Down!!!
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🥳🥳🥳💚
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