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If you have been injured or lost a loved one in an auto wreck caused by a negligent driver, the Boca Raton car accident lawyers at Kogan & DiSalvo could guide you through the entire claims process and work to obtain the maximum compensation you deserve. Additionally, our experienced car wreck lawyers could become your legal advocates while you focus on your physical recovery. If you have been in an accident in Palm Beach County, call us today to learn more about your claim.
When someone is involved in a car accident, they may have many questions about what steps they should take after. The most important action to take is to call the police to come to the accident scene and emergency personnel if anyone is severely injured.
Once immediate issues such as ensuring the safety of accident victims and getting to a safe location are taken care of, begin to collect evidence that can help establish liability and damages. This can include:
Remember, memories fade, witnesses may later become unavailable to offer a statement or testimony, and hazardous conditions can be fixed before you can document them. Taking the opportunity to begin documenting the accident–will preserve more evidence for your insurance claim or lawsuit.
There are several essential steps an individual should take after being in a car accident to prepare for a civil claim. Do not post photos or other information about the accident on social media. It is considered public information. An insurance agent or opposing party’s attorney in a lawsuit may check a plaintiff’s social media for evidence that they may have been partially at fault.
Do not say anything about the accident other than contact information, insurance information, and other necessities. This includes giving information to witnesses at the scene. These statements could later be used against you to prove fault. A police report is extremely helpful because an auto accident lawyer in Boca Raton could use this when building an injured party’s claim.
If you have questions regarding evidence, speaking with a Boca Raton car accident lawyer can help to offer clarity in a complex process.
After a motor vehicle accident, it is important for all involved parties to exchange information. This allows an experienced attorney to quickly get in contact with the opposing parties and their insurers. Information that should be exchanged includes:
However, be sure not to share anything else, such as what was happening in your car leading up to the accident. Information such as this could one day be used in a statement or testimony to prove fault and lessen an insurance claim or damages.
While an injured party may not show any immediate signs of bodily harm, it is still important to see a doctor as soon as possible after a motor vehicle collision. Adrenalin is often released in the body after a traumatic event and may mask potential injuries. While a person may not feel any pain or discomfort at first, injuries may worsen over time, which may lead to serious lasting effects. Learn more about what to expect after an accident.
It is also important to see a medical professional as soon as possible to properly document any injuries sustained from a car crash. If a claimant fails to provide evidence of their injuries, an insurance company may argue some injuries may not warrant compensation, especially if they did not visit a physician. Our legal team at Kogan & DiSalvo could work to ensure that a claimant has proper documentation of their losses following a car crash in Boca Raton.
How long you have to file an insurance claim varies between insurers. An insurance company may try to get an injured party to file a claim as soon as possible without legal representation.
While this may seem like a good idea at first, it can have serious financial consequences. Some insurance companies may try to pay an injured party as little as possible. Insurance companies are businesses, and their business model depends on trying to minimize or deny claims. For insurance companies, getting a claim off their liabilities sheet through a quick payout for less than adequate compensation is often their best-case scenario.
For this reason, it is important for an individual to discuss their case with an experienced car wreck lawyer before filing a claim with an insurance company in Boca Raton. A knowledgeable attorney can help you establish the value of your claim, negotiate and push back against an inadequate insurance settlement, and offer an informed opinion on when litigation may be right for you.
Unfortunately, many drivers engage in negligent behavior that cause car accidents every day in Boca Raton, and Florida. Distracted driving is a primary example of this reckless behavior that frequently results in serious collisions. Since the popularization of smartphones, many authorities have reported a significant increase in traffic accidents.
Texting while driving has become a hazardous issue. It requires the driver to take their eyes from the road to a screen. It also requires taking their hands off the wheel to type and thinking about what is said. All of these factors reduce the ability of a driver to react to oncoming hazards when reaction times are measured in seconds. The resulting increase in accident rates has pushed most states to enact legislation to ban texting and driving, with Florida joining the list in 2019.
Although texting and driving is illegal throughout the state and can result in fines and points on a driver’s license, it is rarely enforced, and drivers are still allowed to hold their phones or use hands-free devices and have verbal conversations. Long before smartphones, radios were added to cars, and the increase in distraction amongst drivers led to a rise in accidents. Other types of distractions that may lead to a motor vehicle crash include listening to loud music, eating and drinking while behind the wheel, and rowdy passengers.
Driving while impaired by alcohol can also lead to devastating drunk driving accidents that can include liability for a bartender and the impaired driver they overserved. Also known as the “dram shop law,” Florida Statutes Section 768.125 creates a cause of action to sue a bar, restaurant, or other establishments that provided alcohol to an intoxicated patron with a known drinking problem.
Driving while impaired comes with harsh criminal penalties for those convicted in Boca Raton. However, a criminal record does not necessarily mean that someone injured in this type of accident will receive compensation. Therefore, anyone injured by an impaired driver should speak to a dedicated car accident lawyer in Boca Raton.
When a reckless driver violates a traffic law, they may cause a serious accident with responsible motorists who are obeying all traffic laws and norms. These violations may include speeding, failing to obey traffic signs and signals, failure to yield, and following other vehicles too closely.
After a car accident, it is important to determine its cause to identify possible liable parties. This is particularly true when someone suffers serious injuries and may have to go through the at-fault driver’s insurance company to claim compensation.
Accidents all have their own unique facts but typically follow patterns that personal injury attorneys are familiar with. For example, while any motor vehicle accident can cause catastrophic injuries and damages, certain accidents are inherently more dangerous than others based on the force of the collision.
The following reckless or negligent actions can lead to one of several different types of accident:
Hit-and-run car accidents are in a category of their own. That’s because they are particularly distressing, as they often leave victims in a vulnerable state without immediate help and complicate the pursuit of justice. In Florida, motor vehicle accident fatalities and injuries resulting from a hit-and-run are treated with the utmost seriousness, with such incidents typically classified as felonies. If a hit-and-run driver leaves the scene of an accident that causes injuries, it can be charged as a felony of the third or second degree, depending on the severity of the injuries. In case of motor vehicle fatalities, the offense escalates to a felony of the first degree, which calls for severe forms of punishment.
A fatal car accident involving a hit-and-run driver not only causes significant physical and emotional damage but also poses legal challenges in identifying and prosecuting the responsible party. Victims or their families should seek the expertise of a personal injury attorney to navigate the legal complexities and secure the compensation they deserve in the aftermath of such tragic events.
Several types of injuries repeatedly arise in the context of a car accident, both physical and psychological. These accidents can result from the initial impact, rapid deceleration, fires, or other events during an accident. Some of the most common are:
This is, of course, only a shortlist of the many injuries that can occur during an accident.
Construction zones very often have difficult driving conditions. Moreover, construction workers may be particularly vulnerable to being hit by a car. These are areas where trucks and other heavy equipment are often present, may currently be in a state of repair that causes hazards, and often have additional distractions to be navigated by drivers. Like many accidents, speeding is often a factor in construction zone accidents, and construction zones have a high occurrence of rear-end collisions.
Despite being interchangeable with terms like “carelessness,” negligence is a logical calculation defined by statute and varies from state to state. The purpose of a negligence determination is to decide which party is at fault and, in a comparative negligence jurisdiction like Florida, to what degree of fault.
The basics of negligence consist of a four-element consideration:
While driving, an individual has an obligation to operate their vehicle responsibly, which is a duty that they owe to others on the road. To determine breach, the court will consider whether the allegedly negligent driver was driving reasonably safely under the conditions. For example, were they driving with both hands on the wheel or sending a tweet?
When causation is determined, both factual and proximate causation will be considered. A factual cause starts a chain of events that eventually lead to the injury. However, this does not necessarily make it the proximate cause. Also known as “legal cause,” the proximate cause is the one that is recognized as the primary cause of the injury.
For example, I eat a banana and throw away the peel. My roommate pulls the peel out of the garbage and puts it on the ground in the hallway. When my guest slipped on it, although I was the factual cause, I was not the proximate cause. This is because my roommate pulling the peel out of the garbage and putting it on the ground interceded and broke the chain of causality, becoming both a factual and the proximate cause of the slip and fall.
Finally, once duty, breach, and causation are proved, the court will consider damages. Damages are typically limited to calculating monetary compensation for bills, lost wages, and other proven losses.
After a car wreck in Boca Raton, an injured party may need to claim compensation, usually through the at-fault driver and sometimes through their own insurance company. This compensation could help recover medical expenses, lost wages, and pain and suffering damages.
When car accident injuries are severe, compensation also may be available for a loss of earning capacity. These damages cover someone’s lost income if they are unable to return to the same line of work after suffering significant bodily harm. Similarly, compensation may be available for permanent injuries, such as paralysis or a traumatic brain injury.
In the event of a fatality resulting from a crash, the legal remedy to pursue compensation will be a wrongful death case. These lawsuits attempt to compensate surviving family members for extensive economic damages. This includes the above-mentioned lost wages and medical expenses. However, it expands economic damages to include projected wages the decedent would have earned over their lifetime. It also covers funeral expenses, the value of services such as caretaking of minor children or a disabled spouse, and even speculative figures like what a decedent’s estate may have been worth if they had not been in the accident.
Wrongful death also encompasses non-economic damages, such as loss of parental companionship and guidance for the decedent’s minor children, loss of companionship for a spouse, and mental pain and suffering.
Intangible or non-economic damages like those based upon a relationship can require a significant explanation and have no exact calculations spelled out in statutes. These damages can be as speculative as what a minor child may have earned throughout their lifetime and can require good arguments to convince judges or insurance adjustors.
People who sustain losses should claim all damages owed to ensure they are not left paying for them out of their own pocket or denied opportunities. A Boca Raton law firm could assess a car accident case and determine what it may be worth.
In Boca Raton, the average car accident settlement can range between $10,000 and $60,000. However, depending on the severity of the injuries and other circumstances surrounding the accident, car accident victims may receive settlements in the seven-figure range. The seriousness of the injuries is a critical factor that influences the amount of compensation a victim can receive.
Florida operates under a “no-fault” law, which generally limits accident victims to filing a car accident claim with their own insurance carrier for select damages. Under this law, your insurance company is required to cover 80% of your medical bills and 60% of your lost income, up to the limits of your policy. The state mandates a minimum of $10,000 in personal injury protection insurance (PIP) to cover these no-fault claims.
However, if you suffer severe injuries, such as traumatic brain injuries, spinal cord injuries, or permanent disabilities, you may be entitled to additional compensation. In such cases, a Boca Raton personal injury lawyer can help you file a fault-based claim against the negligent driver to recover the full extent of your damages.
When negotiating a settlement, having an experienced Boca Raton traffic accident lawyer on your side can make a significant difference. Insurance companies often offer lower settlements to unrepresented victims, relying on their lack of experience to minimize payouts. A seasoned attorney can accurately assess the value of your personal injury lawsuit and negotiate a fair settlement on your behalf.
Your lawyer will handle all aspects of the negotiation, allowing you to focus on your recovery. They will review any settlement offers, advise you on whether they meet your needs, and discuss your legal options, including the possibility of taking your case to court if necessary. By entrusting your case to a qualified car accident attorney, you can increase your chances of receiving the compensation you deserve.
Boca Raton is a comparative negligence jurisdiction, a pure comparative state, meaning that assessment of fault against a claimant can go from zero to 100 percent.
If a claimant is partially to blame for their collision, the court may reduce their compensatory award by their percentage of fault. For example, if a person is injured and their case is worth $1,000, but the jury finds them 75 percent at fault, they may still be able to recover the $250 that is remaining. Despite the downward adjustment, an injured party that is mostly at fault for the injury can still collect compensation. This means that a plaintiff who is 99% at fault for their injuries would still be able to recover 1%.
Comparative negligence comes into play when there is some dispute as to who did what to cause the accident. It is essential to get the most information in a case to properly argue who was at fault. If you have questions about fault and comparative negligence in Florida, consulting with a Boca Raton car accident attorney can help inform you on how best to proceed.
Most lawsuits resulting from a car accident will be for negligence. In Florida, someone injured due to negligence will generally have two years from the date of the injury to file their claim. After this, it will likely not succeed.
In the event of a fatality resulting from a car accident, family members will have two years from the decedent’s death to file their claim.
When involved in an auto accident, navigating the legal process can be overwhelming, especially when dealing with injuries, insurance companies, and the complexities of Florida’s no-fault laws. This is where the expertise of a Boca Raton motor vehicle accident lawyer becomes invaluable. At Kogan & DiSalvo, our car accident lawyers are dedicated to ensuring that your rights are protected and that you receive the compensation you deserve.
Auto accident cases often involve complicated legal issues, including determining liability, assessing damages, and negotiating with insurance companies. Without the guidance of an experienced auto accident lawyer, you may find it challenging to handle these aspects on your own, which could result in a lower settlement than you deserve.
Our car accident attorneys at Kogan & DiSalvo are skilled in managing car accident claims from start to finish. We thoroughly investigate the circumstances of your accident, gather evidence, and build a strong case on your behalf. Whether through negotiation or litigation, we are committed to securing the best possible outcome for you.
By choosing Kogan & DiSalvo, you can focus on your recovery while we handle the complexities of your case, ensuring that every aspect of your claim is addressed with the utmost professionalism and expertise.
If you have suffered injuries in a crash, the car accident lawyers in Boca Raton and Palm Beach County at Kogan & DiSalvo could help. We could advise you of your legal options, guide you on gathering evidence, and ensure your rights are protected throughout the entire claims process. We also could effectively negotiate with the insurance company so you may claim the compensation needed to adequately address your injuries and repair bills. We are also experienced in Uber accidents and uninsured motorist accidents. Call us today to schedule a free initial case consultation.
Total reviews: 1003 |
Average rating: 4.9
We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.
Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.
Jessica and jay the best attorneys that can handle your case
I’ve never had to get an lawyer due to an accident before, Kogan and DiSalvo made this process and head ache free as possible. I hope that it doesn’t come to it but if I ever needed to choose someone again I would choose them.
I loved my experience with my Lawyer George and Macy and Victoria are the absolute sweetest!!
Love attorney Rachel~ She gets the job done fast and is thorough as well as informative. Such a genuine firm whom truly cares about people and what they deserve from the pain and suffering of being hit. Her assistant Oxsana is also fabulous. Highly recommend.
Great experience with K&G from beginning to end! Amanda worked diligently and kept me informed on any updates throughout the case. My lawyer Jay was also straightforward and trustworthy, he walked me through his plans and processes. Everything was handled well, I didn’t even have to think much about the case or stress. I’m glad I chose this firm & would return if ever necessary!
Love this firm!
I am extremely impressed with the service provided by team at Kogan and Disalvo. Jenn remained in constant contact with me during my case. She answered all my questions and was always quick to respond. My lawyer Jay was always professional and explained every step of the case. He always provided updates to my case. I’m extremely happy with this firm and would highly recommend them.
I hired Kogan & DiSalvo after an auto accident involving a tractor trailer. Honestly, I was dreading having to deal with a law office, but my attorney, Todd Baker, and his staff immediately put me at ease with their professionalism, compassion and expertise. The whole legal process was easier than I had expected, and Todd did a stellar job in negotiating a settlement in my case. I am very happy that I chose Kogan & DiSalvo to represent me. Thanks again!
Samantha is amazing. This is the first time I have ever been in a accident and she took her time and walk me through the process. Forever thankful. I would recommend them to everybody!!!!
Great at communication and worked really well with me through the entire process! I thought they did a great job and strongly recommend working with them for your personal injury needs!
It was a great experience. I appreciate everything you all did for me.
Exceptional service. Always return my calls quickly. Always answered all my questions. We negotiated a deal . we did not take the first two offers. We finally got a number that we deserved. He fought hard but got me what we needed.
I feel you are on top of my case thanks.
(Translated by Google) I received very good advice. Excellent attention.
(Original)
Recibí muy buena asesoría. Excelente atención.
They did everything for me! It’s was easy and convenient.
The legal support staff was always helpful to answer my questions regarding the status of my case, or would research my question and respond to my inquiries in a timely fashion,either by text or phone . I received documents by mail timely.
I just wanted to say Thank you to Dan, Lauren and the Kogan and Disalvo staff. Dan was on top of my case from day one. If I had any question at any time of day he would answer. They never asked me for a dollar which was great for me. I would recommend them to everyone. Thank you again. I hope I never need you again, but if I do I would not hesitate to call Dan again. Thank you so much.
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