Your life can radically change if you are involved in a rear-end collision. You may sustain serious injuries, impacting everything from your ability to complete everyday tasks to your ability to work and your closest relationships. If you are injured in a rear-end crash caused by someone else, you may be eligible to pursue financial compensation for your damages.
As Florida’s premier personal injury law firm, our team at Kogan & DiSalvo often sees people at their most vulnerable. We’ve witnessed firsthand the physical, financial, and emotional devastation that can accompany a serious injury caused by someone else’s negligence. Our team can fight for your rights to fair compensation so you can rebuild your life. Contact us today for a free consultation.
If you are injured in a rear-end car crash, a Vero Beach rear-end accident lawyer will advocate on your behalf. Once you hire them, they will immediately begin investigating and building your case. This might include interviewing eyewitnesses to your accident, tracking down surveillance cameras from nearby businesses that may have captured what transpired in your crash, and ensuring you meet all legal deadlines.
Your lawyer will also communicate directly with insurance companies on your behalf. These companies are businesses that are singularly focused on the bottom line, which means they will do everything possible to minimize the amount of your financial recovery. Therefore, without representation, you can expect them to present lowball settlement offers that are usually far below the actual market value of your claim.
On the other hand, if you hire an experienced car accident attorney in Vero Beach, you send a clear message to the insurance company that it needs to take your case seriously. Further, your lawyer can take your case to trial if you do not receive a fair offer. Often the insurance company will suddenly start presenting settlement offers that are much closer to what your claim merits.
When one or more victims are seriously injured in a rear-end crash, there is so much on the line financially that liability for the accident is often disputed. To receive financial compensation for your injuries and losses, you will need to prove that another person or entity was negligent. To prove this, you must establish by a preponderance of the evidence that the following elements were met:
- Duty of care: The defendant owed you a duty of care
- Breach of duty: The defendant acted negligently and breached their duty of care
- Causation: Your injuries and losses are a direct result of the defendant’s breach of duty
- Damages were sustained: You must provide documentation showing medical bills, lost earnings, and other losses due to the injuries.
The list of possible causes of a rear-end fatal car accident is long. However, some common causes of these crashes include the following:
- Following too closely
- Driving too fast for the current road, weather, or traffic conditions
- Distracted driving, such as texting or browsing the internet
- Driving while under the influence of drugs or alcohol
While some accidents involve just two cars, others may involve additional vehicles. Your attorney may be best positioned to help determine who is liable because more than one person or entity can be found responsible for an accident. It’s also important to note that on March 24, 2023, Florida replaced its pure comparative negligence system with a modified comparative negligence system. This means a plaintiff can recover in proportion to the defendant’s percentage of responsibility–only if the plaintiff’s own share of responsibility is 50 percent or less. Your lawyer will present evidence and arguments to refute claims raised by the defendant that you were more than 50 percent liable.
If you have been injured in a rear-end accident, call Kogan & DiSalvo today. We are proud to offer personal injury representation to Florida residents on a contingency fee basis. That means we only get paid if we secure compensation on your behalf. Contact our firm today to schedule a free, no-obligation consultation with our team. We could answer your questions, review your case, and determine if you have a viable personal injury claim. We are committed to your success and look forward to hearing from you.