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Stuart Catastrophic Injury Lawyer 

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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.

Comparative Negligence in Florida

A gavel laying on top of a legal book in front of scales

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.

  • Duty of care: This is a legal obligation requiring a person to act with the prudence toward others that a reasonable person would. A judge decides if a duty of care is owed
  • Breach: A person commits an act, or fails to act reasonably, violating the duty of care
  • Cause in fact: “But for” the breaching act or lack of action, the accident would not have occurred
  • Proximate cause: The act or inaction had a foreseeable result in causing harm or property damage
  • Damages: A person incurred a monetary loss or injury

Potential Compensation After a Catastrophic Injury

A person harmed by the negligent act of another may sue for damages. These include:

  • Medical and therapy treatments and equipment for immediate and long-term care
  • Current and future lost income and retraining if the injury prevents the victim from returning to previous employment
  • Pain and suffering
  • Emotional distress
  • Loss of companionship or consortium
  • Punitive damages, which are imposed if the negligent act was egregious
  • Property damage

Role of a Catastrophic Injury Attorney

The personal injury attorneys at Kogan & DiSalvo in front of their office building

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.

Total reviews: 1072 |

Average rating: 4.9

5

Very knowledgeable and caring attorneys and team here at Kogan & DiSalvo Personal Injury Lawyers.

5

I can tell you guys how gratefull we are with the service ,treatment , professionalism , and the results we have, they treat you like family .we strongly recommend them 👌. Thank you guys , the Trenche Family .

5

I wish they had a 10 star review options. The professionalism and client relationship was amazing. Jenn would inform me of every step of my case as well as answer questions I may have. My lawyer Jay could frequently call with updates as well. Jenn and Jay made this process so smooth. I highly recommend this group for your lawyer needs.

5

They are very helpful with my recovery I can’t say enough thank you to my team

5

I receive quick response whenever I had any questions . I felt like I was receiving good advice, and I am pleased with the outcome of this settlement. They seem to be very caring for my needs.

5

Jay did a fantastic job and got me more money than expected.

5

You know that it is difficult to find a decent lawyer to represent you when you have been injured. It’s especially difficult to find one who isn’t just compassionate but straightforward and willing to listen when times are tough and you think you are at your wits end. This is the AMAZING TEAM of Kogan & DiSalvo.

If you are looking for the BEST TEAM in the business then look no further than this firm.

From start to finish everything was 100 percent transparent and I never waited more than 24 hours for a response to my calls and emails. They use a wonderful app to track your case and process as they fight for you even though the toughest of cases.

I have been blessed to be represented by Dan Collins and his spectacular assistant Lauren. Even when two hurricanes were slamming into the area I was kept informed of their progress on my case.

As we get ready to close this case I will always have Kogan & DiSalvo to thank for putting together such a great attorney and paralegal. This duo have gone above and beyond my expectations!!! Kudos to both Dan and Lauren.

I will never hesitate to recommend this firm and I am forever indebted to the entire TEAM!!!

5

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!

5

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.

5

(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

5

Prompt, courteous, and helpful

5

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

5

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!!

5

Great experience, everyone so kind and helpful

5

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.

5

They are amazing, they have answered all my questions. Never too busy to answer your call. I would not go anywhere else for help.

5

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.

5

they handled my case very well, and i’m happy with the outcome!

5

Everyone was very nice/professional and attentive to answering questions. Very satisfied with my case outcome.

5

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!

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