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West Palm Beach Personal Injury Lawyer

A serious personal injury can affect many facets of your life, causing stress and financial anxiety as hospital bills pile up. Kogan & DiSalvo can ease your hardships and help you navigate the legal process.

West Palm Beach, Florida downtown skyline

Insurance companies want to pay as little as possible, and once you make an agreement with them, you cannot pursue further compensation. Therefore, it is essential to consult an experienced injury lawyer before accepting any type of insurance settlement.

If you were hurt through little to no fault of your own, you need a West Palm Beach personal injury lawyer to help you recover the compensation you need and deserve. We offer prospective clients a free initial consultation and charge no upfront fees, since our legal services are provided on a contingency basis.  En Español.

Why Hire a Personal Injury Attorney?

Whether you were hit by a distracted motorist or slipped on a newly waxed supermarket floor, you need experienced legal counsel to ensure your rights are protected.

Insurance adjustors are only looking out for their own bottom line and will often take steps to undermine your credibility or downplay your injuries.

We know how to compile a solid case that demands full and fair compensation. When you are racked with pain and out of work, you need an accomplished lawyer who will handle all investigations, legal paperwork and negotiations. Kogan & DiSalvo wants you to focus on your health and recovery, while we handle the rest. Our attorneys and support staff will:

  • Conduct independent investigations into your accident
  • Collect police and accident reports
  • Gather important evidence, including witness statements, surveillance footage, cell phone records and other critical documentation
  • Obtain medical records
  • Consult with medical experts and economists to determine the true value of your injury claim
  • Negotiate with insurance companies
  • Take your case before a jury if necessary

Types of Personal Injury Cases

Man with a broken leg sitting on couch with laptop and crutches

Personal injury is a broad area of law that encompasses a number of different situations in which negligence causes physical, emotional and financial injury to another. The following are some of the most common personal injury case types we handle.

  • Car Accidents – We are familiar with Florida’s No-Fault insurance rules and how they apply to personal injury lawsuits stemming from car accidents resulting in serious and life-threatening injuries.
  • Truck Accidents – 18-wheeler and tractor trailer collisions in Palm Beach County often result in devastating injuries. Given their sheer size and weight, heavy trucks present a unique set of dangers to other motorists. 
  • Motorcycle Accidents – The Sunshine State has over 620,077 registered motorcycles. While the weather is conducive for bikers, the number of motorcycle accident fatalities in Florida has more than doubled over the past two decades.
  • Pedestrian Accidents – According to the Governor Highway Safety Association, Florida is ranked second in the nation for pedestrian deaths. Those that do survive an accident deserve personal injury representation of the highest caliber.
  • Bicycle Accidents – Cyclists in West Palm Beach who are hit by a negligent motorist may be entitled to seek legal compensation. Our lawyers can evaluate the circumstances of your accident and merits of your case.
  • Boat Accidents – Boating and water sports are a popular pastime, but they are not without hazards. If you were involved in a boating accident in South Florida, we can investigate to establish if negligence was involved.
  • Bus Accidents – Often stemming from driver distraction, excess speed or faulty maintenance, bus accident are complex matters that require careful investigation.
  • Dog Bites – When it comes to dog bites and attacks, Florida imposes strict liability on the owner, regardless of previous displays of aggression. Our attorneys can prove if the canine’s owner violated Florida dog bite statutes.
  • Catastrophic Injuries – Under Florida law, a catastrophic injury is one that results in permanent impairment such as paralysis, brain injury, traumatic loss of limb or extensive burns over the body. With the guidance of Kogan & DiSalvo, victims can be compensated for the life-altering harm that they have suffered.
  • Dangerous Drugs – Medications that are defectively designed or marketed without sufficient warning are the basis for thousands of lawsuits every year. Victims are often awarded substantial sums to compensate for their medical bills, pain and suffering.
  • Premises Liability – Individuals who are injured by unsafe property conditions can pursue damages when negligence can be proven. Our West Palm Beach attorneys have a long track record of holding property owners accountable.
  • Product Liability – Our product liability attorneys work tirelessly to hold manufacturers and sellers responsible for defective or faulty products that cause serious injuries. These claims often involve defective medical devices, household products and prescription pharmaceuticals.
  • Slip and Fall – Puddled liquids, waxed or polished floors and damaged walkways are common causes of slip and fall accidents. When injuries are serious, victims can benefit from legal representation.
  • Wrongful Death – Florida allows a wrongful death claim to be brought on behalf of the victim’s immediate relatives including the spouse, children, parents or other dependents of the deceased.

If you were hurt or lost a loved one because of the negligence or wrongdoing of another, your choice of legal representation matters. Put our knowledge, experience, and dedication to work for you. Consult with a personal injury attorney in West Palm Beach that residents depend on. Call our office to schedule a no-obligation case review.

Concept of Negligence in Personal Injury Actions

The vast majority of preventable accidents can be traced to the carelessness of another. In Florida, negligence is defined as the failure to exercise a degree of reasonable care to minimize the risk of injury to another person. Theories of negligence form the legal basis for nearly all personal injury actions, including those arising from truck accidents, motor vehicle crashes, slip and fall incidents, and others.

Negligence is the failure – whether intentional or not – to exercise an appropriate level of care. Someone who is texting while driving and causes a collision may be deemed negligent. A business owner who fails to put up a “wet floor” signs after mopping could also be labeled negligent in a court of law.

Proving negligence in a personal injury claim is a complicated process that is best handled by a qualified attorney.

Your legal counsel must establish the following elements:

  • 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 have the burden of providing documentation that shows medical bills, lost earnings and other losses due to the injuries.

It takes a skilled legal team to craft a compelling case that wins fair compensation. As your personal injury attorney, we understand what kinds of evidence can bolster your claim and how to assign accurate monetary figures to your losses.

Important Steps to Take After an Accident

Woman stepping out of a car rubbing her neck in pain after a car accident

The moments after a car crash, bicycle accident or other unfortunate mishap can be disorienting and traumatic. If you were seriously hurt and in pain, protecting your legal rights is probably the last thing on your mind. Knowing the steps to take in these stressful situations can help ease the uncertainty in the event an insurance claim or lawsuit is later filed.

Your actions immediately after an accident can have a huge impact on the outcome of your personal injury claim. Follow these steps to help ensure you can hold negligent parties accountable.

  • Stay on the scene and call 911 or report the accident
  • Check yourself for injuries and seek medical care as soon as possible if ambulance transport isn’t required
  • Gather contact and insurance information from all involved parties
  • If anyone saw the accident take place, get their names and contact information as eyewitness testimony can be crucial
  • Document the accident scene. If possible, take photos or video of the collision or object that caused your injuries.
  • Talk to a reputable attorney about your accident. Our firm offers complimentary consultations to discuss your rights.
  • Keep track of all records relating to your accident, including medical bills, out-of-pocket expenses, repair estimates, etc.
  • When you have time, jot down notes about the moments leading up to your accident, including the time of day, location and other relevant details
  • Keep a journal that documents how your injuries have impacted your life, ability to work and enjoy family activities
  • Stay off social media until your personal injury claim is resolved. Any photos or posts can be used by the defendants to downplay your injuries or question your credibility

Potential Compensation for Plaintiffs

The plaintiff in a personal injury case may be awarded several types of damages, depending on the nature and severity of the accident and whether it resulted in catastrophic injuries. Damages permitted in Florida personal injury cases include:

  • Medical expenses arising from the injuries, both past and future
  • Lost wages and income
  • Physical therapy and home health care costs
  • Costs to replace or repair damaged property
  • Loss of household services that may be necessary due to the injuries
  • Travel expenses for doctor’s appointments
  • Loss of future earning capacity
  • Pain and suffering – Florida law limits pain and suffering damages in most types of auto accidents unless the injury is permanent. However, there is an exception for motorcycle accident victims, in which case the injury does not necessarily need to cause permanent injury
  • Loss of companionship
  • Loss of consortium

There are certain circumstances that may warrant punitive damages, although these are seldom awarded in personal injury cases. Punitive damages are meant to punish the person responsible for the accident and are generally awarded when the defendant demonstrates extreme negligence or recklessness. For motor vehicle accidents, punitive damages may be awarded if the driver responsible for the crash was drunk or driving under the influence of drugs.

Statute of Limitations for Filing a Personal Injury Claim

View of a courtroom from the judge's bench

Any legal action founded on theories of negligence generally must be filed within 4 years, according to Florida statutes of limitation. This includes all personal injury claims. The clock starts ticking on the date of the accident, and if a civil lawsuit isn’t filed within this deadline, you may be unable to pursue remedies through the courts. This deadline is important in the context of settlement negotiations. If you wait too long to get your claim started, the defendant will know that taking a case before the court is a procedural impossibility.

Our attorneys can further clarify how Florida’s statute of limitations apply to your unique situation.

How a West Palm Beach Personal Injury Attorney Can Help

Personal injury cases require a great deal of time for evidence collection, witness interviews, review of police reports, medical evaluations, and, in the case of motor vehicle accidents, accident reconstructions. In addition, an attorney must consider the history of the defendant responsible for the accident.

While such investigations are time-consuming, they offer the best means of proving fault in an accident and pursuing proper compensation. The majority of personal injury cases are settled out of court, but if negotiations don’t produce the results you deserve, our attorneys are fully prepared to argue your case before a jury.

Contact us today for a free consultation at Kogan & DiSalvo

Wondering if you have the right to sue or want to know the potential value of your case? Schedule a private consultation at our West Palm Beach personal injury law firm today. Our knowledgeable attorneys provide a confidential and supportive space to explore your legal options and best steps moving forward. We are also well-versed in Florida’s negligence laws and have a proven track record of outstanding settlements and verdicts. It is our goal to help clients get their lives back on track with minimal disruption or inconvenience.

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