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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: 1216 |
Average rating: 4.9
Godess
tracy sciturro
Brian and Mia were great! They cared about what I was going through… always there to answer any questions I might have had!
ashley noel
The was very professional and willing to work with you and make show you get what you deserve.
Keef Mobley
Great experience all around from my attorney Paul! Gave me information about the whole experience and kept me updated throughout the process until my case was closed! Highly recommend!
Valixyon
Jay London is the absolute best lawyer I have ever had!!!
Anyelo Colon
Quickly and fast respond, very good lawyer and friendly responding all my questions and all time be available to help in anything, also the first lawyer give you he personal cell number to respond you even in text messages thank you Paul Silvestri for get me 50k
Lucy Librizzi
I would like to thank my attorney Jay London and his paralegals Heather and Mandy for taking care of my case after my motor vehicle accident. They made it easy to handle my case and dealing with my insurance company. I will always be grateful for your help.
Thanks.
Lucy
Chris Valentine
It’s never a good experience when you’re involved in an accident. But when a firm believes in you and continues to represent your case diligently and guides you legally through the process no matter the end result you feel you entered the process with a great team.
Don’t hesitate to call and ask “ can you help me?” You will get a fair evaluation and excellent representation.
CVG
Loren Careri
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.
Lashawnda
They were kind and knowledgeable.
They worked diligently on my case and obtained a fair settlement for me.
Rebecca B.
I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made
J C
I had the opportunity to work with Rachel Schrager, George M. Bakalar and Amanda (paralegal) following a serious accident, and I cannot recommend them highly enough.
Rachel took the time to understand the nuance of my situation.
Throughout the process, communication was excellent. I was kept informed at every stage, and all my questions were answered promptly and clearly.
Most importantly, diligence and persistence led to a favorable outcome in my case.
If you’re looking for a personal injury lawyer who is knowledgeable and experienced, call Kogan and DiSalvo.
Master Group Inc
My attorney was Ms. Rachel Schrager, and miss Lulu Ferrer from Kogan & DiSalvo. Help me with my case. Nice easy and Quick. Thanks
eric bronsveld
I couldn’t be happier with the way Kogan and DiSalvo handled my case from day one until its resolution. My attorney was always available and I was kept up to date throughout the process. The entire staff was professional, thorough, and empathetic to my feelings and concerns. They fought for what was fair and right. That’s all I asked for and that’s what they delivered. I wish to express my gratitude and say that choosing this firm would never be a mistake if you are in need of a good attorney.
kathleen guch
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.
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.
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