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South Florida’s spectacular weather and beautiful scenery make it a great place for motorcyclists to ride. However, that enjoyable outing can turn into tragedy in seconds if you are a victim of a Palm Bay motorcycle accident. In 2021, the Florida Department of Highway Safety and Motor Vehicles reported 288 motorcycle accidents in Brevard County.
Consider yourself fortunate if you survived the collision since many motorcyclists succumb to their injuries after getting hit by a much larger vehicle. A Palm Bay motorcycle accident lawyer at Kogan & DiSalvo will help you during this difficult time and fight so that you may receive the compensation you deserve for your injuries.
The shell of a car or truck offers some protection to occupants when an accident occurs. That is not the case when a motorcycle is involved. Motorcyclists are just far more vulnerable.
The four most common types of motorcycle accidents include:
Any one of these motorcycle accident types can result in severe injury or death.
Common causes of motorcycle accidents include:
Of course, drunk or distracted driving on the part of motorists contributes to many motorcycle accidents in Palm Bay. Driver inexperience also plays a role in some collisions.
For many motorcycle accident victims, a serious injury may bring about the end of their lives as normal, functioning human beings. Catastrophic motorcycle accident injuries are often of such magnitude that supportive care, wheelchairs, or other necessities are required for the rest of their lives. Even those who do recover fully from a devastating injury have a long road to recovery.
Common motorcycle injuries include:
In Florida, automobile drivers must carry Personal Injury Protection (PIP). Because Florida is a no-fault state when it comes to car accidents, a driver’s PIP pays the medical bills no matter who was at fault for the crash. Only those suffering certain severe injuries may file a lawsuit against the at-fault driver.
That’s not the situation when it comes to Florida motorcyclists. The state does not require motorcyclists to carry PIP and there is no injury threshold to meet to file a personal injury lawsuit against the at-fault party in a motorcycle accident.
What if you are partially at fault for the accident? That is not uncommon, but under Florida’s modified comparative negligence laws you can still receive compensation even if you are partly responsible for the collision.
However, any compensation is reduced by your degree of fault. If you are found to be more than 50% at fault for the accident, you cannot recover at all. For instance, if a jury finds that you were 20 percent at fault for the collision, a $100,000 award is reduced by that percentage to $80,000. If a jury finds you were 51% at fault, your recover will be barred entirely.
Proving a motorcycle accident claim requires gathering as much evidence as possible. Such proof must show that another driver or entity is at fault. Multiple parties may bear liability for a motorcycle accident. For instance, the motorist may have been distracted, either by talking on a cell phone or putting their attention elsewhere than on the road. A malfunctioning car or motorcycle can put the onus on the manufacturer.
Your attorney conducts a thorough investigation of the accident. The investigation includes:
Your attorney negotiates with the insurance company so that you can receive the maximum compensation. Based on your circumstances, the attorney knows a reasonable settlement amount for your claim. If the insurance company refuses to offer a fair settlement, you may file a personal injury lawsuit against the defendants.
It is critical to note that you should always consult a personal injury lawyer after a motorcycle accident rather than accept an insurance settlement offer. Insurance companies want to settle for as little as possible as fast as possible. Once you agree to a settlement, you cannot go back and reopen the claim. An attorney protects your interests and negotiates aggressively with insurance companies on your behalf.
Compensation, or damages, in a motorcycle accident case may include:
Generally, the statute of limitations in Florida for filing a personal injury lawsuit is two years from the date of the accident. However, it is crucial that you engage a Palm Bay motorcycle accident lawyer as soon as possible. Waiting too long to obtain legal counsel can mean that valuable evidence can vanish.
For instance, nearby homes or businesses may have surveillance videos documenting the motorcycle crash. Such videos are usually available for only a short window, depending on the system. A video of the crash scene may prove the case but obtaining it involves swift action by your attorney.
You need legal counsel deeply familiar with Florida motorcycle law. If you or someone you know was seriously injured in a motorcycle accident because of another party’s negligence or recklessness, contact an experienced Palm Bay personal injury attorney at Kogan & DiSalvo. Schedule a free, no-obligation consultation to discuss your case. Since we work on a contingency basis, there is no fee unless you receive compensation.
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Phillip Pond
Great service, highly skilled and knowledgeable, very professional and good at what they do.
david eddinger
Very easy to talk to and explain everything clearly to make sure you understand how things will be taken care of.
Eric B
I had a great experience working with Dan and Lauren. They were extremely professional, courteous, and always responsive—no matter how many times I called, they took the time to answer my questions and provide clarity. Their dedication and professionalism truly stood out. I highly recommend them—a great team you can trust.
Alisa Grant
I’ve seen first hand, from a friend, the kind of top tier support and dedication that Kogan and DiSalvo Personal Injury Lawyers give to their clients. They are professional, aggressive, highly experienced and knowledgeable, and overall just some good honest hard working attorneys. Also, the team and staff here are just as amazing. Very communicative, always reachable, and never answer with an attitude or with an un-empathetic tone. Each time she had spoken to them, she never felt rushed or as if she was just another number to them. We recommend them 10/10!
Jason T Childs
Great to deal with, great customer services.They really care about their clients and their needs
matthew crampton
A law firm that is actually for the people, a law firm that has your best interests, and a law firm that fights for you and the justice you deserve. They do not stop until they get you every single thing you deserve. You definitely want these guys in your corner.
purple lillies
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
Kelly
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
KELLY MCPHILLIPS
You never really stop to think about what just really happens after a car accident.. And I can now tell you that I did, and that having a skilled, dedicated, and trustworthy car accident lawyer is definitely at the top of your priorities and needs. There is so much that goes on, so much that is required and complex, stressful, and just an overall real pain to go through. But that is where having a great lawyer comes in. One you can actually trust and rely on to have your best interests in mind and to take care of you. I can’t thank or recommend Kogan And DiSalvo enough!! You guys are the best! Thank you so much!
Kimberly McLean-Hunt
I wanted to take a moment to express my heartfelt gratitude to my lawyer Todd Baker, at Kogan and DiSalvo and all his support and professionalism throughout my case. His expertise and guidance were invaluable, and I truly couldn’t have navigated this process without your assistance.
I appreciate the dedication and patience you and your “team” have shone ;especially during the more stressful moments. Your ability to keep everything on track made a significant difference, and I am thankful for your commitment to achieving the best outcome.
Thank you once again for everything you have done for me.
Kimberly,
Client
Richard Shiver
If you ever find yourself in the aftermath of an accident, especially an auto accident, Kogan and DiSalvo is your ABSOLUTE BEST choice!!
Kimberly Montecalvo
Amazing customer service, help you understand everything,and make sure you dont have any questions or problems.
Taniyah Jackson
I highly recommend this group of lawyers they are amazing! All the staff are very professional and friendly. Thanks
Patt Da Steppa
I had called Kogan and DiSalvo to ask a question regarding my cousin’s motorcycle accident. They were so kind and showed they wanted to help as much as possible. Even though I was just asking a question over the phone, they didn’t push me away or rush me through the call. They took the time to answer my questions and explained it very thoroughly. I just had to stop by and share my delightful experience with them and highly, HIGHLY recommend them! Thank you for taking the time to talk to me and answer my questions, you guys are amazing I mean it
Killa Swift
These guys are exactly what you need in a lawyer!
Kaitlyn Dawkins
I had a car accident in September 2024 where my back and neck were severely injured. I immediately called Kogan and DiSalvo after my accident and they got to work on my behalf right away. I was able to treat with wonderful providers who were kind and compassionate. A settlement was reached for much more than anticipated. Amanda (paralegal) and Rachel (attorney) were wonderful throughout the process. They kept me updated every step of the way and were extremely response and proactive in resolving the matter. I would recommend Kogan and DiSalvo to anyone who has been injured in an accident and needs medical treatment thereafter.
Alison Scheef
I had the best experience with Kogan & DiSalvo representing me in my Personal Injury Case. My attorney Brian Andino and his knowledgeable staff: Ludmia, Mia, Perri, Angelique and Dominique are outstanding. They stayed in touch with me, kept me informed step by step throughout the entire process, until my case was finalized. My questions were always answered and I was treated with dignity, respect and kindness. I personally recommend this team if you want to have skilled, excellent representation from start to finish. Integrity is key with this firm. Alison Scheef
Tim Gillis
The team here are such hard workers, amazing with people, communication, answering questions, and always have your best interests in mind.
c Brown
My team was amazing and very informative EVERYTIME I reached out the contacted me back In a timely manner I was very pleased with the service
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