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A catastrophic injury is a severe life-changing event. Florida law defines a catastrophic injury as a permanent impairment. These injuries include brain damage, spinal cord damage, severe burns, blindness, and amputations. Beyond the extensive physical damage, victims can dive into depression coiled by anger, and the related expenses can cause financial ruin.
If someone else or an entity caused the injury, the law provides the way to become financially whole again. To access the justice system, contact a Stuart catastrophic injury lawyer for a free consultation without any obligation.
An experienced personal injury attorney can assess the strength of the case and advise how best to proceed.
Florida has adopted the modified comparative negligence standard in assessing who is at fault in an accident. Under this standard, a person who is at fault, or partially at fault, cannot claim all of the damages incurred. Lawmakers’ rationale is that a person who is in any way responsible for causing an accident should be held financially accountable.
In situations when more than one person was at fault, the blame is assigned by a jury based on the facts. If the plaintiff is found 50% or less at fault, their overall recovery is reduced in proportion to their fault. If they are found 51% or more at fault, they are prohibited from recovering entirely. For example, if a plaintiff is found to be 30% at fault for their injuries, they will recover 70% of their damages. Conversely, if a plaintiff is found to be 70 percent at fault, they can’t recover. Damages are proven by evidence and determined by a judge or jury.
To prove fault, the law has elements that must be met.
A person harmed by the negligent act of another may sue for damages. These include:
Memories of witnesses and those involved in an accident are still fresh soon after the event, so it is best to hire a Stuart catastrophic injury lawyer promptly to help build a strong case. An attorney will gather physical evidence from the scene to help reconstruct the accident, collect medical documents and other pertinent records to prove present and future damages, and calculate the amount of damages to be claimed.
A Stuart catastrophic injury lawyer will interview the parties involved and witnesses under penalty of perjury to present testimonial evidence.
The attorney will build a lawsuit that details the accident, alleges fault, and supports the amount of damages claimed. Once the lawsuit is filed with the court, the legal process continues with various motions from both sides requiring responses from the attorneys. In court, the catastrophic injury lawyer will strategically select jurors and aggressively present the evidence at trial.
Many civil cases never go to trial. In that situation, the attorney will negotiate with the insurance carrier (which tries to limit the amount of damages) to achieve a fair personal injury settlement that the client will accept.
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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