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Over a two-year period, Martin County reported a total of 8,113 auto accidents. Nearly 50 of these crashes were fatal, while more than 2,000 resulted in injury.
According to the latest edition of the Martin County Crash Surveillance Report, four of the top five most dangerous intersections in Martin County are located in Stuart. These areas accounted for 99 accidents, with an average crash severity rating of 2.71. (The crash severity rating assesses how dangerous an intersection is based on the number of fatal accidents and accidents involving injuries.)
Being involved in a car accident can turn your life upside down. If someone else was at fault, it is crucial to know your rights and legal options for filing a claim.
For more than 25 years, the car accident lawyers at Kogan & DiSalvo have been representing clients in Stuart, Port St. Lucie, and throughout Martin County. Please call (772) 888-9085 today for a free case evaluation.
Our firm handles all types of cases involving motor vehicle collisions, including Uber accidents. Some of the most common car accident claims our clients bring to us include:
Rear-end collisions are the most common type of automobile crashes, but that does not mean they are all harmless fender-benders. They can cause serious injuries and even death.
Although the driver in the rear is typically responsible for the accident, there are certain circumstances where the driver in front may be at least partially at fault. No matter the position of your vehicle in the wreck, it is in your best interest to seek legal counsel as soon as possible after a rear-end collision.
The vast majority of head-on collisions occur on rural roads and undivided two-lane highways. Due to the forces involved when two vehicles traveling in different directions crash into each other (usually at high speeds), head-on collisions have a high likelihood of catastrophic injuries and fatalities – especially when occupants are ejected.
Given these tragic outcomes, hiring a car accident lawyer is essential after any head-on collision.
The consequences of a side-impact accident can vary. If another driver sideswipes your vehicle, the harm may be confined to property damage. However, if the front of the other driver’s vehicle collides with the side of your vehicle (known as a T-bone accident), you and anyone else in the car may be seriously hurt.
As with a rear-end accident, liability for a side-impact crash can be more complicated than it might initially seem. A knowledgeable auto accident lawyer can help you determine your options for pursuing compensation.
In Florida, leaving the scene of an accident in which someone is hurt or killed is a felony offense. Leaving the scene also exposes the driver to civil liability.
Unfortunately, identifying a driver who hits and runs can be extremely difficult. By hiring an attorney promptly, you can rest assured that a qualified team will fully investigate the accident on your behalf while you focus on recovering from your injuries.
Serious and catastrophic injuries are the primary focus of our practice at Kogan & DiSalvo. Our attorneys have extensive experience handling serious injury claims, which enables us to calculate the full extent of damages accurately and pursue maximum compensation on behalf of our clients.
A Stuart car accident lawyer at our firm can help if you have suffered the following injuries:
Kogan & DiSalvo can also help if a member of your family was tragically killed in a car accident. Our attorneys can pursue compensation on your behalf through a wrongful death claim.
The majority of car accidents can be traced back squarely to the carelessness of one or more drivers behind the wheel. If this is the case, you may be entitled to compensation for the losses you suffered as a result of the crash.
Some of the most common causes of car accidents in and around Stuart include:
Although much of the focus on distracted driving centers on texting behind the wheel, distractions can take a wide range of different forms. Distracted driving accidents may be caused by:
These and other distractions increase the risk of accidents in three different ways:
Some types of distracted driving (such as using an electronic device) may involve a combination of all three distractions.
Driving while distracted and causing a collision is a negligent act. Injuries and property damage from the crash may be the basis for a claim against the driver who is at fault.
Some of the most serious accidents are caused by aggressive drivers. Aggression can lead to a variety of dangerous behaviors, with speeding and tailgating as two of the most common.
Unsurprisingly, excess speed is a major contributor to car accidents. The faster drivers travel, the less time they have to stop. While some drivers speed out of carelessness, others do it as a means of racing around vehicles or intimidating drivers who are going “too slow.”
Another common practice of aggressive drivers is deliberately following another driver too closely. Tailgating carries a high risk of a rear-end collision, but many aggressive drivers overlook the danger and leave too little space between vehicles anyway.
The legal limit for a driver’s blood alcohol content is 0.08. Unfortunately, drivers routinely exceed this limit and cause accidents as a result of their intoxication.
Drinking and driving is a serious offense that commonly leads to crashes in which innocent victims are seriously injured or killed. Drivers who abuse alcohol, prescription drugs, or narcotics before they get behind the wheel can and should be held accountable.
Sharing the road is the basic tenet for safety behind the wheel. Yielding the right of way is basic common sense. Drivers who are in a hurry, aggressive, or simply inconsiderate can cause serious crashes when they deny the right of way to others.
The most common violations of Florida’s yielding laws occur when:
Each of these negligent acts may be the basis for a claim against the careless driver if his or her actions result in serious injury or death.
The first step you should take after being involved in an accident is to assess yourself and any passengers in your vehicle for signs of injury. If you are in pain, have difficulty moving, or discover that you are bleeding, you should stay still and wait for paramedics to arrive. The same is true for the other occupants of the vehicle who have sustained injuries.
Next, you or another party should call 911. Ask for emergency personnel and the police to come to the scene.
Those involved in an accident must stay at the scene until police have gathered the information they need for an accident report. Provide a statement to law enforcement, but be careful not to embellish the facts or say anything to suggest you are at fault.
Exchanging information at the scene of the accident is essential. You should gather the other driver’s personal contact information, information about the vehicle (e.g., license plate number; year, make, and model of the vehicle; etc.), and insurance information.
You can also take steps at the scene to start building your accident claim. These include taking photographs from various angles before the cars are removed and getting the names and contact information for any witnesses to the accident.
If you have been in a car accident, the first thing to do after leaving the scene is to seek medical attention. Serious injuries may not be apparent immediately following the crash, and it is crucial to have a record of the injuries you have sustained, the treatment you have received, and any care recommendations from your doctor.
Florida personal injury protection (PIP) insurance gives accident victims 14 days to seek treatment for their injuries. If you wait more than 14 days, your PIP claim for medical expenses may be denied. You will also need to report the accident to your car insurance carrier as soon as possible to ensure coverage.
Next, you should contact a Stuart car accident lawyer promptly. An experienced attorney can review the facts of your case and discuss your options for recovering compensation.
Finally, if the police were not called to the accident after it happened, you have 10 days to report the accident to law enforcement. You have the option to report a crash online or by mail.
Medical records play a pivotal role in any car crash claim, particularly when it comes to proving the extent and origin of your injuries. Stuart personal injury attorneys rely heavily on these documents to build a strong case, as they provide crucial evidence that your injuries were directly caused by the accident.
Medical records establish a clear link between the car crash and your injuries. This documentation is essential in refuting any claims by the defense or insurance company that your injuries are not related to the accident. The detailed reports from your physicians can demonstrate that your injuries are new and directly result from the incident, making it difficult for the at-fault party to deny liability or downplay the severity of your condition.
Medical records can help dispel any arguments that your injuries are due to pre-existing conditions. Insurance companies often attempt to minimize payouts by attributing injuries to prior health issues. However, thorough medical documentation can confirm that the injuries are fresh and caused by the car accident.
Medical records are crucial in determining the value of your claim. They provide a detailed account of all medical expenses and the ongoing impact of the injuries on your life, enabling your personal injury lawyer to justify your settlement demand effectively.
These being said, it’s vital to seek medical attention immediately after an accident to ensure accurate and comprehensive documentation. This will provide amo for your Stuart personal injury lawyers and help them build a strong case for you.
Florida is a no-fault state. This rule limits the circumstances when accident victims can bring a claim and file suit against another driver.
After a car accident in Stuart, the only option you might have is to file a claim under your own PIP insurance. PIP insurance will pay 80% of your medical bills and 60% of any income you lose if your injuries make it so you are unable to work (both subject to your insurance policy limits).
The only exception to the no-fault rule applies when (a) the other driver is at fault for the accident and (b) you suffer a serious injury or a loved one is killed. If both of these conditions are met, you can file a claim against the at-fault driver for full recovery of your losses.
You may be entitled to compensation for the following losses in a fault-based car accident claim:
The damages you may be able to recover after a car accident depend on the specific losses you have sustained. At Kogan & DiSalvo, our Stuart auto accident attorneys carefully assess every dollar of compensation you are due, gather evidence in support of your claim, and aggressively pursue a fair settlement or judgment on your behalf.
The success of a car accident claim depends on your ability to prove that someone else (usually the driver of the other vehicle) was at fault. Multiple forms of evidence can support your claim, including:
A skilled Stuart car accident attorney at Kogan & DiSalvo will seek out all available evidence and testimony to build a strong claim on your behalf. Investigation of the accident may reveal that one or more parties are at fault, including the other driver, a vehicle or parts manufacturer (potentially giving rise to a product liability claim), and more.
Our lawyers can also help if you face accusations of causing the accident.
As of 2023, Florida law dictates that fault is assessed by the modified comparative negligence standard. The comparative fault rule allows only victims who were less than 50% at fault for their accident to recover compensation.
For example, if the plaintiff is determined to be 50% at fault and the defendant is also 50% at fault, the plaintiff will not be able to recover any damages in a lawsuit.
It is of the utmost importance never to admit fault for an accident. Although the comparative negligence standard will still allow you to claim some amount of compensation, you should not have to settle for less than you deserve simply because another driver alleges that you were partially at fault.
The attorneys at Kogan & DiSalvo can help you protect your rights after a car accident. This includes handling liability disputes raised by the at-fault driver and his or her insurance company.
Traffic violations play a significant role in determining the outcome of car accident cases, particularly in how fault and liability are established. When a negligent driver has committed a traffic violation, such as speeding, running a red light, or engaging in a hit-and-run accident, it serves as formal evidence of negligence. This can strengthen your personal injury claim by directly linking the traffic violation to the cause of the accident.
In Stuart, FL, if you’re involved in an accident where the other party has committed a traffic violation, this evidence can significantly impact the distribution of damages. Florida follows a comparative negligence rule, meaning that fault can be shared among the involved parties. If both drivers have some degree of fault, the compensation each party receives will be adjusted according to their level of responsibility. A traffic citation against the other driver can tip the balance in your favor, potentially reducing your liability and increasing your compensation.
Additionally, a history of traffic violations by the negligent driver can bolster your negotiating position with the insurance company. Insurance providers may prefer to settle rather than risk going to court against a driver with a documented history of violations. This can lead to more favorable settlement offers for your personal injury claim.
Working with a Stuart motor vehicle accident lawyer from a reputable law firm like Kogan & DiSalvo ensures that traffic violations and all relevant evidence are thoroughly examined in order to minimize their effect on your claim and to maximize the outcome of your case.
When you’re involved in a car crash, dealing with an uninsured or underinsured driver can complicate your car accident case. In Florida, despite mandatory insurance laws, many drivers still lack adequate coverage, leaving victims vulnerable. If you’re in this situation, an uninsured or underinsured motorist claim can be crucial to securing the compensation you deserve.
Uninsured Motorist (UM) coverage provides protection if the at-fault driver has no insurance, while Underinsured Motorist (UIM) coverage kicks in when the at-fault driver’s insurance is insufficient to cover your damages. Both types of coverage can also apply in hit-and-run accidents, where the responsible driver flees the scene and is unidentified.
Navigating an auto accident claim involving uninsured or underinsured motorists can be complex, but a Stuart traffic accident lawyer can help. They will work to ensure your UM or UIM coverage is properly utilized, helping you recover damages for medical bills, lost wages, and other personal injury-related costs.
Insurance companies may attempt to minimize payouts even under your own policy. Therefore, having a skilled attorney on your side is essential to maximize your compensation and protect your rights after a car accident involving an uninsured or underinsured driver.
As of 2023, the statute of limitations for personal injury claims is two years from the date that the injury occurs. In the event of wrongful death, surviving family members also have up to two years to file a claim.
The clock starts ticking on your claim as soon as the car accident occurs. Although two years might seem like plenty of time to resolve your case, any delays can prove costly.
It is in your best interest to speak to a car accident attorney in Stuart as soon as possible. The team at Kogan & DiSalvo will get to work on your case immediately to ensure you do not miss the opportunity to obtain the compensation you deserve.
Sometimes car accident victims are able to handle claims without hiring an attorney. This is especially true of crashes that result in minor injuries, minimal damages, and are handled strictly through PIP insurance.
However, any accident resulting in serious injuries and/or wrongful death should be handled by an experienced attorney. Without qualified legal guidance, victims are sure to be taken advantage of by the insurance companies.
Our Stuart car accident lawyers will take all steps necessary to advance and protect your best interest. You can count on us to do the following:
The majority of car accident claims are resolved via out-of-court settlement. Although our preliminary focus is negotiating the best possible settlement, we never hesitate to take a case to court if it means achieving a better result.
Filing a lawsuit and going to trial are very different from the usual practice of reaching a settlement. Advanced skills, knowledge, and preparation are essential, as is a commitment to winning.
The majority of the attorneys at Kogan & DiSalvo are board-certified in civil trial law by The Florida Bar. Such a distinction is important because it demonstrates our willingness and ability to go to court on behalf of our clients – something only a small percentage of lawyers in the state can say, let alone have the results and credentials to back it up.
If you have been injured in a car accident or your loved one was tragically killed in a crash, the last thing you should have to think about is the complexity of a legal matter. At Kogan & DiSalvo, we know you are not just a case number – you are a person whose life has been changed radically by the carelessness of another.
Our focus is helping you move forward without additional worries about your finances and other concerns. First, we review your case for free. Second, our car accident attorneys work on contingency. You only pay legal fees when we successfully settle your case or earn a favorable judgment in court.
We take the time to get to know you and your loved ones personally. This compassionate, personable approach enables us to represent you more effectively in negotiations with the insurance company. If the insurer won’t offer a fair settlement, you can trust us to take your case to trial and fight for the maximum compensation.
Please call (772) 888-9085 today for a free case review with a Stuart car accident lawyer. Kogan & DiSalvo serves clients in Port St. Lucie, Martin County, and nearby areas of Florida.
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Average rating: 4.9
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.
Thank you for being there.
Professional team that made me feel like a priority.
Todd Baker and the whole staff macy and sam were the best. They were very professional and very proficient at taking care of my case. I would absolutely recommend Kogan and Disalvo!
This firm has did an amazing job
In the beginning of my case Amanda and Rachael took my information about my accident. They called me when needing more information regarding my case, found me the proper medical doctors for treatment, and followed up with my progress or other issues that occurred regarding my injuries. Later I was introduced to George Bakalaar who handled the rest of my case. I believe George, Macy, and Victoria were dedicated in helping me get the settlement I deserved.
The Absolute Best Personal Injury Attorneys Out There They Will Fight For You To Get What You Deserve And Will Take The Case To Trial If You Don’t Like What The Insurance Companies Are Trying To Settle The Case For These Are Honest Lawyers Who Say We Work For You I Had A Great Experience Me And My Mother Auto Accident The Best Lawyers In South Florida Hands Down!!!
I had a wonderful experience working with this team especially Mia, Amanda and Rick. They were very communicative and worked great together in getting the best outcome for me. Definitely a good camaraderie. I highly recommend Kogan and Disalvo team to everyone, they are supper professional and beneficial ! GREAT TEAM!
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