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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: 1101 |
Average rating: 4.9
Shamyra Bailey
Christina Lowe
It is such a relief to have injury lawyers like these here in West Palm Beach.I always know who I can rely on if I am ever injured.
Kevin Smith
Amazing attorney very responsive and friendly
Luis Vidal
I would highly recommend Kogan & DiSalvo they were absolutely terrific from my first contact all the way to my settlement check their staff were there all the way. Luis V.
Antonetta Capofarri
The best decision I made was contacting kogan and the DiSalvo after my car accident I was blessed to have Todd Baker work on my case as for he was not only a lawyer representing me in tough times but he was extremely caring about me my personal life my children my health and not only did he go above and beyond by doing a video mediation while I was at the hospital but also actually drove to my home so that I was available on an important phone call when he couldnt reach me. I also had the pleasure working with Debora Tejada she was amazing updating me every step of the way.
There work together won me the maximum amount for my case. I was blessed to have met these people and have them work on my case. Thank you Todd Baker and Debora Tejada for everything.
Rock Nroll
Hello everyone that may be interested or thinking about getting representation by a lawyer. This group of lawyers and staff will go out of their way to make sure you have a stress free experience from the first day to the last.
Accidents can be stressful and your in pain and you don’t know what to do or even how to go about doing it . They will one focus first and foremost on getting you medical help to get you out of the pain your in . They will check in with doctors and call you personally to see how you are and how your feeling. They are good people here . This company really do give you this family old school feel. I certainly appreciate all the help and keeping me stress free and anxiety free during this whole process.
Just a note every single person from lawyers to office staff are fantastic.
Thank you to everyone shout out to you Jay for your help from start to finish .
Malik Hylton
Outstanding Legal Representation – Highly Recommend Kogan & DiSalvo!
I cannot say enough great things about Kogan & DiSalvo Personal Injury Lawyers! From the very beginning, their team was professional, compassionate, and incredibly knowledgeable. They guided me through every step of my case, always keeping me informed and making me feel confident that I was in the best hands.
Their attention to detail and dedication to their clients are truly unmatched. They fought tirelessly to ensure I received the compensation I deserved, and the outcome exceeded my expectations. What sets them apart is their genuine care for their clients—they treat you like family, not just another case.
If you’re looking for a personal injury law firm that is skilled, trustworthy, and committed to getting results, I highly recommend Kogan & DiSalvo. They are simply the best!
A. Christine
I had the pleasure of being able to follow my attorney Paul S., over from his prior firm. Which was the Best decision made considering Paul was very hands on and empathetic to the complications this whole ordeal has accident has caused. Completely changed my quality of life/families lives too!!
Paul always made me up to date, informed when available, and less alone through the entire process by simply showing compassion and empathy especially in my family’s time of need by listening and being a call away!
I am forever grateful and will never use any other firm than Kogan & DiSalvo. Especially without my favorite attorney by my side!
Thanks a million FAm, especially you Paul S
A. Shipley
Tampa Florida 33510
Thomas Clark
They always take your call. They are very friendly and caring. They do their best to keep you updated throughout the entire process. Thank you
Joshua Keefe
Best personal injury attorney in Delray Beach!!
Leeann Gibbs
The team and attorneys here are very thorough and knowledgeable. They have a proactive approach to all that they do and ensure everything is taken care of throughout the whole process. I highly recommend them to anyone in need of a car accident lawyer
Tabitha Cook
After speaking with them on the phone, I can assure you these guys know what they’re doing. The level of knowledge and professionalism they show, along with the personal touch, and care they give, is what truly sets them apart from other personal injury lawyers in Tampa.
Andrea Drury
Fantastic communication.
Terrese Franklin
Very knowledgeable and caring attorneys and team here at Kogan & DiSalvo Personal Injury Lawyers.
Brandon Martinez
Very honest company and great customer service.
I highly recommend contacting them!
5 stars!!
Maria Cavaliere
This layers work with you, guide you all the way through the whole process and then hand you, your reward. Thanks Kogan & DiSalvo
Kalvin Moquete
Awesome legal team and services. Jay London was amazing and definitely a 5 star experience! Thank you!
Kellie Thrift
I had the privilege of working with Attorney Paul Silvestri and Litigation Paralegal Debra Tejada, who I fondly refer to as the A+++ Team! In August 2023, my husband and I were rear-ended just 10 days after relocating back to Florida. It was a particularly stressful time, and the insurance company was uncooperative. However, Attorney Silvestri expertly navigated the complexities of my case, utilizing his vast legal knowledge to advocate on my behalf. Debra was consistently attentive, answering all my questions with both intelligence and a warm, personable demeanor. I truly felt that both of them were deeply committed to not only resolving my case but also to ensuring my well-being throughout the process. Thanks to their hard work and dedication, my case has now been successfully settled, and I am extremely satisfied with the outcome. My heartfelt thanks to both of you!
Silvana Rodriguez
Leslie was the one handling my case and she gave me updates and Guided me thru out the process of my case she handle everything and made me feel like someone care. Very happy with the service she provided it thank you !!
Reginald
Very detailed oriented
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