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West Palm Beach Car Accident Lawyers

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In 2021, more than 19,500 motor vehicle accidents were reported in Palm Beach County. According to data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 165 people were killed and more than 12,000 people were injured in these crashes.

It can be difficult to know what to do next if you have been involved in a car crash. Recovering from your injuries is difficult enough without having to worry about dealing with insurance companies and taking legal action.

Kogan & DiSalvo can review the details of your case, protect your rights, and pursue the compensation you deserve. Please call (561) 689-9955 today for a free case evaluation. Our auto accident attorneys serve clients in West Palm Beach, Lake Worth, Palm Beach Gardens, and other areas of Florida.

Is It Worth Getting a Lawyer for a Car Accident?

is-it-worth-getting-a-West-Palm-Beach-car-accident-lawyer

The decision to hire a car accident lawyer should be based on the circumstances of your case. If the crash resulted in property damage only or you suffered only minor injuries, you may be able to handle the matter on your own.

However, if you have been seriously injured in a car accident, you should speak to an attorney as soon as possible. The same is true if you lost a member of your family in a crash.

Serious injuries and/or the death of a loved one significantly change your legal options after a car accident. Attorneys at Kogan & DiSalvo can provide valuable assistance with multiple aspects of your claim, including:

  • Investigating the car accident to determine what factors led to the collision
  • Identifying all of the at-fault parties
  • Collecting evidence of negligence or wrongdoing on the part of those at fault
  • Reviewing your medical records and consulting with doctors and other experts to assess the seriousness of your injuries
  • Hiring expert witnesses to review the evidence and provide testimony
  • Dealing with the insurer(s) on your behalf
  • Negotiating a favorable settlement
  • Filing a lawsuit and taking your case to trial (if necessary)

Each of these steps is difficult to handle on your own. A West Palm Beach car accident lawyer at Kogan & DiSalvo can take on the challenges for you so you can focus on moving forward.

Is It Worth It to Sue After a Car Accident?

A gavel laying on top of a legal book in front of scales

Before you consider filing a lawsuit for your car accident case, you first need to understand when you are allowed to sue. Florida is a no-fault state. In the majority of cases, this means that the drivers involved turn to their own insurance for coverage of their accident-related losses.

Personal injury protection (PIP) insurance is mandatory in Florida. This insurance coverage serves as a substitute for the economic damages commonly sought in a car accident lawsuit.

Although the no-fault law bars most people from suing after a car accident, there are exceptions. Florida law does allow you to bring a fault-based claim if (a) the other driver caused the accident and (b) the accident results in any of the following:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
  • Significant and permanent scarring or disfigurement
  • The death of a loved one

In these scenarios, you are allowed to file suit against the at-fault driver. However, you may not need to sue to recover fair compensation.

The majority of car accident claims settle without going to court. At Kogan & DiSalvo, our lawyers strive to negotiate fair settlements on behalf of our clients so they have the money they need to move on with their lives.

However, we also prepare every case as though it will go to trial. In the event that the insurance company won’t play ball, we are ready to file suit and represent you effectively in court.

Our car accident attorneys have the experience, knowledge, and resources to prove that the other driver was at fault and that you suffered a significant and permanent injury as a result of their negligence. We also examine the facts to determine if any other parties are liable. (For example, if a vehicle defect was a factor in the accident, you may be entitled to compensation through a product liability claim.)

How Does PIP Insurance Affect My Car Accident Compensation?

Vignette of a stack of file folders on a desk

PIP insurance covers some – but not all – of the damages you may incur as a result of a car accident. Benefits are limited up to the following:

  • 80% of medical expenses related to the accident
  • 60% of lost wages, if your injuries prevent you from working
  • $5,000 death benefit

Your losses in a car accident may very well exceed these limits. If this is the case, you need to present evidence that your injuries meet the threshold for filing a fault-based claim.

What Additional Compensation Can I Recover in a West Palm Beach Car Accident Claim?

People consulting over charts and graphs and a laptop

If you suffer a significant and permanent injury, you may be entitled to compensation for all of your losses related to the car accident. This could include:

  • All medical expenses, including the cost of future treatments and therapies
  • All lost wages
  • Loss of earning capacity (i.e., the income you would have been able to earn in the future were it not for the accident)
  • Out-of-pocket expenses, including medications and medical equipment, home-based services and assistance, home and vehicle modifications, medical-related travel, etc.
  • Pain and suffering
  • Mental anguish
  • Inconvenience related to disability

The families of those killed in car accidents can pursue full compensation for the loss of a loved one via a wrongful death claim. Damages you and your relatives may be able to recover include:

  • Loss of support and services provided by the deceased
  • Loss of future support and services
  • Loss of companionship and protection (recoverable by the surviving spouse, if applicable)
  • Mental pain and suffering experienced by the deceased prior to death (recoverable by the surviving spouse or the parent of a child killed in an accident)
  • Loss of parental companionship, instruction, and guidance (recoverable by children)
  • Medical expenses incurred prior to death
  • Funeral and burial/cremation expenses
  • Loss of earnings (recoverable by the estate)

No two car accident claims are exactly alike. As such, the attorneys at Kogan & DiSalvo account for all of the damages in your case and develop a custom legal strategy to obtain maximum compensation on your behalf.

When Should I Hire a West Palm Beach Auto Accident Lawyer?

A woman outside of her car texting after an accident

Seeking prompt legal guidance is crucial after a car accident. Your initial consultation with Kogan & DiSalvo is free, and our lawyers can start helping you protect your rights and understand your legal options immediately.

It is especially important to talk to a motor vehicle accident lawyer in the following situations:

  1. You are seriously injured: Many accident victims are unaware of the circumstances in which they can bring a claim against the at-fault driver. You have a limited time to take action, and you do not want to miss the opportunity to pursue additional compensation.
  2. Your loved one is killed: Few things in life are more trying than the loss of someone you love. Our car accident lawyers can handle your case while you and your family focus on mourning.
  3. Your PIP benefits are underpaid or unpaid: You pay your car insurance premiums faithfully and expect that your insurance carrier will play fair when you make a claim. Unfortunately, insurance companies may dispute coverage of your medical expenses and lost wages after the accident. Our attorneys can fight for the no-fault benefits you deserve.
  4. The other driver’s insurance company contacts you: If the other driver caused the accident, his or her insurer may reach out to you before you even make a claim. The adjuster might ask you to make a statement about the accident or give permission to access your medical records. It is crucial to hire a lawyer who can communicate with the insurer on your behalf. You are not obligated to make a statement or sign a records release, and doing so can undercut your ability to recover compensation.
  5. You are offered a settlement: Accepting the first car accident settlement offer may be tempting. You have bills to pay and you want to get on with your life, so agreeing to settle may seem like a way to address these problems quickly. However, very rarely do insurers offer fair settlements. You only have one opportunity to get the compensation you need and deserve, and having a West Palm Beach traffic accident lawyer on your side is the best way to achieve the maximum recovery.

Hiring an attorney is also essential if the insurance company won’t budge on the settlement or refuses to settle. Kogan & DiSalvo can prepare to go to court and present your case at trial.

How to Deal with the Insurance Company After a Car Accident

An insurance claims adjuster with a clipboard examining a damaged car

Most people don’t know where to turn after a car accident. The most obvious answer is your auto insurance. And, indeed, under the Florida no-fault law, you may be limited to filing a claim under your own PIP insurance.

You are obligated to report the car accident to your insurance carrier promptly (check your policy for any specific deadlines that may apply). PIP insurance will cover 80% of the costs of necessary medical care related to the accident, as well as 60% of the wages you lose from being unable to work.

In the event that your PIP benefits are not paid promptly or the insurer disputes coverage, it is in your best interest to talk to a lawyer. You should also speak to an attorney prior to filing a claim with the at-fault driver’s insurance company.

Despite the cheery advertisements, the insurance company is not your friend or neighbor. It’s a business, and personal injury claims represent a threat to the bottom line. The insurance adjuster handling the case will do everything possible to limit your compensation – including asking leading questions designed to trip you up and get you to make admissions against your interest.

It is always preferable to let a West Palm Beach auto accident attorney communicate with the insurance company on your behalf. The attorneys at Kogan & DiSalvo know the tricks insurers use. We will protect your rights and fight to overcome the obstacles put in place by the insurance company.

What Are the Most Common Types of Car Accidents in West Palm Beach?

The attorneys at Kogan & DiSalvo have extensive experience with a wide range of car accident claims. Some of the most common crashes we see involve the following:

Rear-End Collisions

Two drivers arguing after a rear end collision car accident

The most common type of car accident, rear-end crashes can lead to serious injuries of the head, neck, and back – especially at high speeds. These accidents are generally the fault of the driver in the back. However, it is important not to assume that you are automatically to blame if you were in the back in a rear-end collision.

Common causes of rear-end accidents where the trailing driver is at fault include tailgating, distracted driving, and excess speed. However, the driver in the front may be at fault if he or she stopped unexpectedly or illegally.

The failure of the brake lights on the car in front could be another potential cause of a rear-end crash. If this is the case, the owner of the vehicle, a mechanic, and/or the manufacturer of the car may be liable for your injuries and damages.

Failure to Yield

Vignette of a traffic sign instructing drivers to yield

According to FLHSMV data, failure to yield the right of way is the second-highest cause of accidents involving injuries and fatalities (after operating a motor vehicle in a careless or negligent manner). Violating the right of way can result in a wide range of crashes, including:

Drivers and insurance companies often try to dispute accident claims involving failure to yield. It is important to work with a lawyer who can present compelling evidence that you had the right of way and that the other driver caused the accident through negligence.

Head-On Collisions

Vignette of a head-on car accident at an intersection

Only a small percentage of accidents involve vehicles colliding head-on. When they do, however, catastrophic injuries and fatalities are the rule rather than the exception.

Some of the most common causes of head-on collisions include:

  • Drug and alcohol intoxication
  • Distracted driving
  • Swerving to avoid road obstacles and wildlife
  • Driver fatigue
  • Speeding
  • Failure to obey traffic signs
  • Traveling the wrong way on a road
  • Errors in passing

Even a seemingly minor error – such as drifting from a lane into oncoming traffic – can lead to a horrific head-on collision accident. If you or a member of your family was involved in one of these devastating wrecks, it is important to seek legal counsel as soon as possible to start building your claim.

Accidents Involving Excess Speed

View from the driver's seat of a car driving on the highway at night with motion blur

Excess speed is a common issue in car accidents. However, driving faster than the posted speed limit is not always a factor.

The evidence or police report may show that the at-fault driver was traveling too fast for conditions. This is especially true if the accident occurred in heavy traffic, at night, or in inclement weather.

Prompt investigation of the accident scene can help establish what conditions were like at the time of the crash. Our lawyers will collect all available evidence to show that the driver was moving at an unsafe rate of speed.

Drunk Driving Accidents

Vignette of car keys on a table next to an alcoholic beverage

In one year, the FLHSMV recorded that a total of 675 drivers killed in car accidents tested positive for alcohol, drugs, or a combination of the two. Driving drunk or under the influence of drugs can be a deadly decision. And yet, many drivers throw caution to the wind and put their safety and the safety of others at risk.

Law enforcement may perform tests after the accident to determine if the driver was under the influence. If the driver’s behavior leads you to believe that he or she may have been intoxicated, you should share this information with a lawyer as soon as possible.

Distracted Driving Accidents

Teenage driver looking at his phone while driving at night

Another major factor in Florida traffic accidents is distracted driving. The FLHSMV recorded 266 deaths in a single year as a result of accidents where the driver was distracted.

Distraction behind the wheel can take many forms, including:

  • Texting while driving
  • Talking on the phone
  • Operating other electronic devices, such as a GPS
  • Distractions inside the vehicle, such as changing radio stations, adjusting climate control, etc.
  • Talking to and interacting with passengers
  • Distractions outside the vehicle, such as looking into other cars, spotting objects on the roadside, rubbernecking, etc.

An attorney can obtain cell phone records to determine if the other driver was distracted by a cell phone at the time of the crash. This evidence can be bolstered by witness testimony, video footage (if available), and more.

Hit-and-Run Accidents

Aerial view of a car with its headlights on driving over a pedestrian crosswalk at night.

The FLHSMV has recorded more than 5,500 hit and run accidents in Palm Beach County in 2021. These crashes have resulted in more than 1,400 injuries and 18 deaths.

When careless drivers hit and run, seriously injured victims may not get the medical attention they need. This can result in a wide range of potential complications, up to and including death.

Bringing a civil claim against a hit-and-run driver can be incredibly difficult. Evidence at the scene of the accident may be minimal, making identification of the driver impossible. An experienced West Palm Beach motor vehicle accident lawyer can investigate on your behalf and, if the at-fault driver cannot be found, determine your options for compensation. Your losses may be covered by PIP insurance, uninsured/underinsured motorist insurance, and other policies.

Common Injuries in Car Accidents

A person with a blue cast and blue crutches sitting on the couch using a laptop

Auto accidents can result in a wide range of injuries. Some of the most common injuries our attorneys see in car accident claims include:

  • Traumatic brain injuries
  • Injuries to the face, including broken bones, eye injuries, and trauma to the jaw and mouth
  • Neck injuries, including whiplash and herniation of the cervical discs
  • Fractured bones in the hands, wrists, and arms
  • Trauma to the torso, such as broken ribs and organ damage
  • Back injuries, including broken vertebrae and disc injuries in the thoracic and lumbar spine
  • Paralysis as a result of spinal cord injuries
  • Injuries to the pelvis, legs, knees, ankles, and feet
  • Burn injuries

Many of these injuries require extensive medical care and long-term therapy and rehabilitation. In some cases, victims may not fully recover.

Kogan & DiSalvo will assess the seriousness of your injuries in order to identify your options for pursuing compensation. You may be entitled to more than what is covered by your PIP insurance.

What Is the Average Settlement for a Car Accident in West Palm Beach?

Lawyer handing over compensation check

Car accident victims often feel overwhelmed by information. One of the biggest sources of confusion is how much the average car accident claim is worth.

Although you can find all kinds of information online about the “average” settlement value after a car accident, the truth of the matter is that none of the numbers you find are relevant to your case. What represents a fair settlement or recovery in your case depends on a wide variety of factors, including:

  • The medical expenses you have incurred
  • Your lost income to date
  • How the injury affects your ability to work
  • The physical and emotional toll of your injuries
  • Whether the injuries resulted in scarring or disfigurement

No web page or online calculator can accurately quantify these damages. The only way to get a clear idea of the compensation you may be due is to speak to a qualified car accident attorney as soon as possible.

At Kogan & DiSalvo, we live by a simple but powerful philosophy: “It’s Not Just a Case. It’s Your Life.” This means we take the time to understand exactly how the accident has impacted you and your loved ones. You can count on us to provide personalized, hands-on guidance tailored to your questions, your needs, and your situation, as well as pursue the best result for your unique circumstances.

What You Should Do After a Car Accident

Vignette of woman rubbing her neck after a car accident

The following information is intended to help you begin building your car accident claim in the aftermath of a crash. However, if you or a passenger in your vehicle has been seriously injured, you should prioritize medical care above all else, followed by contacting an attorney.

If you can safely stay at the scene, the steps you should take after a car accident include:

  1. Call 911 if anyone is injured; the police must be called to any accident involving injury, death, or more than $500 in property damage.
  2. Exchange information with the other driver or drivers, including name, contact information, insurance carrier and policy number, and the license plate number for all vehicles.
  3. Take photos of the accident scene, the vehicles involved, your injuries, landmarks, and conditions.
  4. Speak to any witnesses who saw the accident.
  5. Provide a statement to the police officer who arrives on the scene (if the police don’t show up, you will need to report the accident to the FLHSMV within 10 days).
  6. Go to the emergency room. You may feel fine at the time, but a number of serious injuries may not be immediately apparent. Prompt diagnosis is key for reducing the risk of complications, creating a record of your injuries from the accident, and preserving your legal rights.

You should also contact Kogan & DiSalvo to discuss your case as soon as possible. The decision to hire a car accident lawyer can make an enormous difference in the successful resolution of your claim, and it is much better to seek legal counsel sooner than later.

How Long Do I Have to Sue After a Car Accident?

Vignette of the front of a courthouse with the inscription "United States Court House"

It is important to act quickly if you or someone you love has been in a car accident. Florida law limits the time you have to bring a claim. The statute of limitations varies by the cause of action and may be subject to other factors, but generally:

The courts rarely allow claims to proceed if they are brought after the statute of limitations expires. Acting quickly is imperative for ensuring that you have a chance to recover the full compensation you deserve.

When you hire Kogan & DiSalvo, our car accident lawyers begin building your claim immediately. If it is necessary to sue to achieve a favorable result, we will file ahead of the deadline and aggressively advocate for your interests every step of the way.

Contact a West Palm Beach Car Accident Lawyer Today

Lawyers sitting at a conference room table

Kogan & DiSalvo is the premier personal injury law firm in Florida. For more than 25 years, we have represented those who have been seriously injured and lost loved ones in all types of motor vehicle accidents. Our attorneys have earned millions of dollars in verdicts and settlements on behalf of our clients.

We get to know each client on a personal level. This approach enables us to provide unparalleled service and achieve outcomes that change our clients’ lives for the better.  

Please call Kogan & DiSalvo at (561) 689-9955 today for a free review of your case. Our car accident lawyers serve clients in West Palm Beach, Lake Worth, Palm Beach Gardens, and other areas of Florida.

Total reviews: 1204 |

Average rating: 4.9

5

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.

5

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.

5

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.

5

The personal care that this office gave me was impeccable and I couldn’t be more appreciative

5

(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹

(Original)
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5

Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.

5

The firm was great with my case.

5

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.

5

Jennifer was amazing throughout the whole process.

5

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.

5

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.

5

Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!

5

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.

5

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5

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

5

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.

5

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!!

5

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.

5

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.

5

This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.

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