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According to Florida Highway Safety and Motor Vehicles (FDHSMC), from January 1 to November 24, 2022, there were 340,747 car accidents. These crashes resulted in 140,270 injuries. Car accident victims face long recoveries and daunting medical and rehabilitation expenses. Their injuries may preclude them from working for a prolonged period or possibly ever returning to their former jobs. However, you may file a personal injury lawsuit if another party caused the accident via negligence or recklessness.
As the largest city in Brevard County, Palm Bay drivers share the roads with many other motorists. There is also U.S. 1, I-95, and other major highways with which to contend. The more traffic congestion in an area, the more likely car accidents will occur. In 2021, there were more than 4,000 car crashes in Brevard County. If this has happened to you, contact a car accident lawyer in Palm Bay at Kogan & DiSalvo. Our team can investigate your case thoroughly and fight for you to receive the compensation you need to rebuild your life.
Florida is a no-fault state for auto accidents and is designed to reduce personal injury lawsuits. It makes no difference under no-fault which party was responsible for the crash. All motorists must carry Personal Injury Protection (PIP) coverage which pays their medical bills and a certain percentage of lost income.
However, no-fault does not apply when a car accident victim suffers severe injuries, and their medical bills exceed their PIP coverage. Under these circumstances, the victim may file a lawsuit against the at-fault driver. The following types of injuries qualify as severe:
Many car accidents result from the negligence of the other driver. The top causes of car accidents include:
The types of car accidents most likely to result in serious injury or fatalities include:
Common serious car accident injuries include:
Many of these injuries result in permanent or long-term disability. The victim may no longer have the ability to care for themselves. In addition, they may require numerous surgeries and rehabilitation.
After a motor vehicle accident in Palm Bay, FL, knowing what to do—and what not to do—can significantly impact the outcome of your car accident case. Here are some essential do’s and don’ts to guide you through this stressful time.
The list above should help protect your rights and strengthen your car accident case. Palm Bay car accident lawyers from Kogan & DiSalvo are here to guide you through the process, ensuring you receive the compensation you deserve.
If you’re involved in a car crash with an uninsured or underinsured driver in Palm Bay, FL, it’s crucial to know your options and take the right steps to protect your interests. Unfortunately, Florida has a high percentage of uninsured drivers, and this can complicate car accident cases.
First, you should report the accident to your insurance company immediately. Even though Florida’s no-fault insurance system means your own personal injury protection (PIP) coverage will handle your initial medical expenses, these benefits may not be enough if your injuries are severe. If your costs exceed your PIP limits, having uninsured/underinsured motorist (UM/UIM) coverage becomes essential. This coverage can help bridge the gap and compensate for damages that exceed what your PIP covers.
Additionally, consulting with a Palm Bay traffic accident lawyer is highly recommended. An experienced attorney can navigate the complexities of personal injury cases involving uninsured drivers. They can assist in negotiating with your insurance company to maximize your compensation and explore other avenues for recovery. For instance, your lawyer might investigate whether a third party, such as the at-fault driver’s employer or a municipality, could be held liable for the accident.
If the uninsured driver lacks the financial means to cover a judgment, your lawyer can also assess the viability of pursuing additional compensation through other legal avenues. Taking these steps ensures that you’re not left bearing the financial burden after a car accident.
Florida operates under a pure comparative negligence rule. That means you could still receive compensation even if you were partly at fault. However, your compensation is reduced by the percentage of fault awarded by the jury. In many states, a person considered more than 50 percent responsible cannot receive compensation. That is not the case under “pure” comparative negligence.
For instance, if you are deemed 20 percent at fault for the crash, a $100,000 award is reduced by $20,000 to $80,000.
Potential compensation, or damages, in a Florida car accident lawsuit contain economic and non-economic elements. The former may include:
Determining economic damages is relatively straightforward. Non-economic damages are more complex because they are more subjective and may include the following:
When recovering from a serious injury, you do not want to negotiate with an insurance company–their business model is based on settling car accident claims as quickly and cheaply as possible. Unfortunately, what sounds like a substantial settlement to the uninitiated often is not fair at all—the amount, for example, may not cover future medical expenses.
It’s best to trust the negotiations with an accident attorney in Palm Bay. They know a reasonable settlement value for your circumstances.
In a personal injury case, you must meet a burden of proof. First, you must prove that the defendant owed you a duty of care. In a car accident case, that is easy to prove–all drivers owe everyone else on the road the duty to drive safely. Next, you must show that the defendant breached that duty by their negligence. Your claim must establish that the defendant’s negligence caused your injuries. Finally, you must then show actual harm done to you so that you may receive damages such as payment for medical expenses and lost wages.
Florida’s statute of limitations for filing a personal injury lawsuit is much longer than in most states. Generally, the statute of limitations for filing a car accident lawsuit is two years. However, it is vital to seek legal advice as soon as possible to avoid the loss of valuable evidence.
At Kogan & DiSalvo, our personal injury attorneys would immediately start investigating your case. For instance, if you suspect the driver responsible for the crash was texting, an attorney can obtain cell phone records and interview any eyewitnesses. Surveillance video provides a great deal of information, but traffic cameras and video from nearby homes or businesses are usually available for 30 days or less before it is taped over. That is why time is of the essence when it comes to proving fault in a Palm Bay car accident case.
Determining which parties are responsible for an accident is not always clear-cut. Besides any other drivers involved, the investigation may show that a vehicle malfunction contributed to the crash. Under such circumstances, the manufacturer or a repair facility may hold some liability. Perhaps poor road maintenance or traffic signal malfunctions played a role, and the city of Palm Bay may bear responsibility. It is not unusual for a car accident case to include multiple defendants.
We may work with accident reconstruction specialists to explain how the collision occurred. Medical experts may testify about the extent of your injuries and prognosis. Financial professionals can provide expertise regarding the long-term expenses expected due to the accident. Finally, vocational experts may testify about your ability to return to your former level of employment or whether you can hold a job in the future.
If you or someone you know was seriously injured in a car accident due to another party’s negligence, you need the services of an experienced Palm Bay personal injury attorney at Kogan & DiSalvo. Schedule a free, no-obligation consultation today. We serve Brevard County and all of South Florida. Because we work on a contingency basis, there is no fee unless you receive compensation.
Total reviews: 1066 |
Average rating: 4.9
Highly recommend Daryl Kogan! Extremely helpful and patience with all my questions. If you are need of a law firm that is excellent at what they do look no further!
The professionalism inherent in my experience with Attorney Todd Baker and his staff (Debra in particular) was quite commendable. From the initial contact there existed an easy platform for remarkable communications. All calls were answered promptly and explanations were given clearly with much empathy.
Without hesitation I strongly recommend this Firm.
(Translated by Google) Thank you for your collaboration, I recommend you 100%, very good work and communication, thank you
(Original)
Gracias por la colaboracion los recomiendo 100 x 100 muy buen trabajo I comunicacion gracias
Prompt, courteous, and helpful
Samantha juerkhen was the best she helped me ever time I was in pain and
Needed help with paper work anything she’s really the best second to none one the best paralegal in town easly to talk to Samantha actually care about her clients and understand people she’s was blessing to me. Jeremy Nixon thank Samantha
Kogan and Disalvo are truly amazing! They were able to settle our case quickly and efficiently! I highly recommend using them for any accident injury lawyer. Thank you!!
Great experience, everyone so kind and helpful
Jay and Gisselle were very courteous and professional. They handled our case in a timely manner and was successfully handled with our situation. I highly recommend them.
They are amazing, they have answered all my questions. Never too busy to answer your call. I would not go anywhere else for help.
Jay London is amazing!!! Very attentive and direct. He tells you how it is straight forward which I appreciated so much. Thank you so much Jay for all your hard work and helping me the compensation that I truly deserve.
they handled my case very well, and i’m happy with the outcome!
Everyone was very nice/professional and attentive to answering questions. Very satisfied with my case outcome.
Both Jay and Jessica were helpful and easy to work with. Entire staff appears professional and friendly. An experience that could have been difficult was not. I am happy to recommend Kogan & DiSalvo!
I’m truly grateful for the job well done. It was a great firm to work with. They kept me update on the process from start to finish. I truly recommend them.
Great attorneys and staff! Lauren and Attorney Collins took great care of everything. Incredible experience with Kogan & DiSalvo contact them for a hassle free experience!
Highly recommended!
I cannot express enough gratitude for the exceptional service I received from Kogan & DiSalvo. From start to finish, Todd Baker and Deborah played pivotal roles in the success of my case. Todd’s expertise and clear communication gave me confidence throughout the entire process. He truly went above and beyond to ensure my case was handled with the utmost care and professionalism. Deborah was equally amazing, always providing timely updates and addressing any concerns I had along the way.
Together, they made a stressful situation feel much more manageable, and I could tell they genuinely cared about my well-being. Thanks to their dedication and hard work, my case was resolved successfully, and I couldn’t be more satisfied with the outcome. If you’re in need of personal injury lawyers who truly put their clients first, I highly recommend Kogan & DiSalvo.
The team, I must say are very knowledgeable and straightforward. I was well informed throughout the process and told me exactly what to expect;and communicated with me frequently with updates and made my experience an unforgettable one and appreciative…so thank you again eveyone..
10/10 law firm definitely recommending.
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