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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.
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Average rating: 4.9
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5
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.
5
Thank you for being there.
5
Professional team that made me feel like a priority.
5
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!
5
This firm has did an amazing job
5
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.
5
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!!!
5
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!
5
Was very happy with the way these attys help ed me especially Chiselle they were exactly what I wanted and needed . I would definitely recommend them anytime
5
Communication was great, explained process clearly, fast to respond.
5
Working with Kogan and DiSalvo and specifically Rachel and Jennifer was very satisfying and rewarding. They made the process very easy and answered all my questions. I truly recommend the law firm of Kogan and DiSalvo for anyone who requires their services.
5
Words cannot describe how grateful I am to have had such an amazing team on my case. Sam & Rachel really worked around the clock diligently to get me the best compensation for my injuries. I could not be happier with this firm. Thank you all for the amazing work. What a wonderful team!
5
Kogan & DiSalvo were excellent in assisting me after my car accident. Very attentive to my needs. Professional & courteous in all matters. I would recommend them to anyone needing legal assistance.
5
Good lawyers to get the job done thanks to jay for handling my case your the best
5
Great job
5
Very professional, great communications, and successful results. A pleasure to work with all the staff.
5
Kogan & DeSalvo: A Stellar Legal Experience
I recently had the pleasure of working with Kogan & DeSalvo for a legal matter and I was thoroughly impressed. From the outset, Jay London’s expertise and dedication were evident. He patiently walked me through the entire process, ensuring I was informed and empowered every step of the way. His communication was outstanding, always available to address my concerns and answer any questions I had. I truly felt like a priority throughout the entire process.
Christina B, the paralegal, was equally remarkable. Her professionalism and efficiency were unparalleled. She handled all the administrative details seamlessly, allowing Jay to focus on the legal aspects of my case. She was always pleasant and approachable, making even the most mundane tasks feel manageable.
I wholeheartedly recommend Kogan & DeSalvo for anyone seeking exceptional legal representation. Jay’s legal acumen, coupled with Christina’s organizational talents, makes for a winning team. Thank you, Kogan & DeSalvo, for a truly positive experience during a challenging time!
5
One of the best firms I’ve ever had the pleasure to work with.
5
The entire team did a great job with follow up and results. Special thanks to Tiffany!
If you are injured and unable to come to us,
our attorney will come to you - there is no charge for us to do so.