Vero Beach Personal Injury Lawyers

Personal injury claims in Vero Beach are won or lost based on the skill, integrity, and experience of your legal counsel. When you’ve been seriously hurt and another party is to blame, the law firm of Kogan & DiSalvo is poised to help. Our veteran team of attorneys provides results-focused representation to injury victims, with a view toward maximizing their compensation.

When you are in pain and unable to work, personal injury litigation can help alleviate the financial hardships that can prove overwhelming. Preventable accidents can happen in a variety of settings, from your local supermarket to Highway A1A. We do not let negligence go unchecked, and ensure your voice is heard. A personal injury attorney in Vero Beach will stand by your side and champion your rights.

Our talented legal team has secured multi-million dollar settlements and verdicts in complex injury claims and has a reputation for a commitment to excellence. We understand how senseless accidents can rob you of quality of life – not to mention economic stability.

Retaining qualified legal counsel as quickly as possible is a smart move. Your personal injury lawyer will handle all communications with at-fault parties and their insurance companies, so you can focus on healing and getting your life back on track. Find out if you have a viable case by arranging a free consultation with our Vero Beach law firm.

Common types of personal injury claims

Kogan & DiSalvo has successfully represented thousands of seriously injured victims in South Florida, recovering high-dollar settlements and damages awards.

Our lawyers handle a wide range of personal injury cases involving:

• Truck Accidents
• Workplace Accidents
• Car Accidents
• Rideshare accidents
• Bus Accidents
• Motorcycle Accidents
• Boat Accidents
• Slip & Fall
• Bicycle Accidents
• Product Liability
• Nursing Home Abuse
• Premises Liability
• Medical Malpractice
• Pedestrian Accidents
• Catastrophic Injuries
• Wrongful Death

No fees unless a legal recovery is made

When struggling with serious injuries and lost wages, the last thing you need to worry about is legal expenses. We believe that everyone deserves competent legal representation, and we are proud to offer our high-caliber services to personal injury victims on a contingency fee basis. This arrangement means that we advance all costs, and there are no attorney fees until compensation is achieved.

Our legal team has successfully handled a wide variety of injury cases in both state and district courts throughout Florida and has a keen understanding of what it takes to win. To speak with a respected attorney in Indian River County, reach out to Kogan & DiSalvo today.

Florida negligence laws

In Florida, the law protects those who suffer physical, emotional, and financial harm by the negligent acts of another party. In its broadest terms, negligence can be defined as the failure to exercise the degree of reasonable care that someone of ordinary prudence would use to minimize the risk of harm to others.

Negligence is the basis for the vast majority of personal injury lawsuits arising from vehicle accidents, malpractice, and slip, trip, and fall injuries.

Here are real-world examples of negligence that are often cited in South Florida personal injury claims:

• A driver hits and injures a pedestrian on the crosswalk because they were texting and not watching the road.
• An elderly man slips on a freshly waxed floor because the store manager forgot to put up a conspicuous sign.
• A nursing home resident develops infected bedsores because staff failed to reposition the patient and provide soft padding.
• A drunk driver blows through a stop sign and strikes a motorcyclist, who suffers spinal cord injury and becomes paralyzed.
• An 18-wheeler loses control on the highway, causing a multi-vehicle pileup because the truck’s brakes were worn out and not replaced.
• A manufacturer markets and sells airbags that have not been properly tested for safety and cause injury to occupants once deployed.
• A tour bus driver ignores posted speed limits and rolls the vehicle on a tight curve, injuring many passengers on board.
• Overcome with road rage, a driver dangerously switches lanes while close to another vehicle, causing a serious accident.
• A tenant falls down the apartment stairwell because the landlord failed to replace light bulbs that had burned out weeks before.
• A doctor misdiagnoses a patient’s cancer for something benign, resulting in delayed treatment that reduces the patient’s lifespan.

If you believe negligence played a role in your accident and resulting injuries, it’s best to review the details of your situation with a qualified attorney. Kogan & DiSalvo can put complicated legalese into laymen’s terms and outline the best strategy for your particular case.

Components of personal injury claims

To prove negligence in a personal injury case, a claimant must establish four basic elements. 

1. The defendant owed you a duty of care
2. That duty was breached, paving the way for an accident
3. The breach caused the actual harm
4. You suffered provable damages such as medical bills, lost income and repair expenses

How long do I have to file a lawsuit in Vero Beach?

Every state has a statute of limitations – or time limit-– for filing civil lawsuits. These deadlines help to ensure that viable evidence isn’t lost or degraded over time. For most personal injury cases in Florida, plaintiffs have two years from the date of the accident to bring their claim. This time frame can vary depending on the cause of your injuries, as well.

In injury claims arising from medical malpractice, plaintiffs have 2 years from the event that caused the injuries, or from the time the injuries were discovered.

If injuries prove to be fatal, the victim’s surviving family has 2 years from the date of the person’s passing to sue for wrongful death.

After the statute of limitations runs out, all rights to seek legal damages are forfeited. Because every personal injury claim is unique, it’s essential to speak with your lawyer about applicable deadlines.

Typical accident injuries

Personal injury accidents can happen anywhere. Even the most careful of individuals may find themselves suffering chronic pain because of the reckless actions of another. When you are dealing with personal tragedy and financial burdens, you can count on Kogan & DiSalvo to hold negligent parties accountable and help you seek the best medical care.   

Some of the most common types of injuries we see in our cases include:

• Traumatic brain injury (TBI)
• Spinal cord damage
• Whiplash
• Broken bones
• Head and back injuries, including herniated and ruptured discs
• Concussions
• Severe burns
• Crush injuries
• Deep lacerations
• Amputation / loss of limb
• Paralysis
• Facial injuries

What to do if you’re injured

You never expect to be harmed by a defective product or get knocked down by a distracted driver, but these senseless incidents happen with alarming frequency. Protect your rights to fair compensation by following these steps after you are injured.

• Call 911 immediately or report the accident to authorities.
• Get medical attention, even if you feel fine. Initial shock can mask pain and other symptoms of an underlying injury. Some injuries like concussions, hairline fractures, internal bleeding, and whiplash aren’t immediately evident after an accident.
• If there were witnesses present, get their names and contact information.
• Don’t admit fault or apologize in the heat of the moment.
• Take pictures or video of where the accident took place.
• Get the names and insurance information of other parties involved in the accident.
• Keep your medical appointments and follow treatment instructions. This will bolster the credibility of your claim and improve your chances of a full recovery.
• Do not make statements or sign legal documents without the benefit of legal counsel.
• Discuss your situation with a personal injury lawyer.

Choosing the right personal injury lawyer

Choosing the right personal injury lawyer in Vero Beach is an important decision. You want an advocate who is sympathetic to your cause, instills confidence, and has proven results handling similar claims. Here are a few tips to guide you in your attorney selection process.

• How much real-world experience does your attorney have handling cases like yours?
• Do they take the time to listen to your story and answer questions?
• Are they friendly and easy to communicate with?
• Do they explain the legal process in a way you can understand?
• Do they return phone calls and emails promptly?
• Do they seem genuinely vested in your healing and well-being?
• Do they have previous trial experience?
• Are they board-certified trial attorneys in Florida?
• Do they have the resources to hire expert witnesses?
• Are they willing to put you in contact with previous clients?

How our Vero Beach law firm can help

There is no law that requires you to hire legal counsel for your personal injury claim. The reality is that a knowledgeable attorney is best-equipped to protect your interests and seek the most favorable results. By hiring a Kogan & DiSalvo lawyer, you are communicating to the defendant that you are not settling for less than you deserve. We navigate the legal process with proficiency and precision – from initial investigations to final settlement negotiations.

Our capable personal injury team can greatly improve your odds of success. Some of the many tasks we handle for clients include:

• Independent accident investigations
• Acquisition of police or accident reports
• Preserving key evidence
• Eyewitness interviews
• Submitting legal paperwork
• Compilation of medical documents
• Communicating with insurance companies
• Adherence to legal statute of limitations
• Bringing in expert witnesses
• Monetary damage evaluation
• Negotiating a just settlement
• Representation at trial, if settlement negotiations are not successful

Insurance companies, no matter what they say, do not have your best interests in mind. They are profit-driven businesses whose mission is to pay the lowest settlement possible. If you find yourself in a situation where another individual was responsible for your injuries, you want a trusted ally on your side.

Types of personal injury compensation

A personal injury claim or lawsuit will generally seek two categories of compensation: economic and non-economic damages. Economic damages are designed to cover expenses that can easily be calculated, such as medical treatment and lost earnings.

Non-economic damages, alternatively known as general damages, are more difficult to quantify, but no less important. This type of compensation accounts for the pain and suffering you have endured, as well as emotional distress.

A settlement or jury verdict should make the injury victim “whole” again by providing damages for:

• Past, current, and future medical and hospital expenses
• Rehabilitation and physical therapy costs
• In-home modifications to accommodate disability
• Medical devices and mobility aids
• Lost wages
• Loss of earning potential
• Lost support and services
• Property damage
• Mental anguish
• Pain and suffering
• Reduced quality of life
• Loss of consortium
• Permanent disability

In cases that involve gross negligence and a reckless disregard for human safety, claimants may pursue punitive damages as well. In Florida personal injury litigation, punitive damages are limited to $500,000 or triple the amount of compensatory damages awarded.

What is pure comparative negligence?

What if your own actions contributed to your personal injury? Can you still seek monetary compensation if another party was partially to blame? The answer is yes because Florida adheres to pure comparative negligence laws. This means that your monetary award will be reduced according to your percentage of fault.

Our lawyers can counter defense tactics and minimize the amount of liability you absorb for the personal injury incident.

How much is my injury case worth?

Any respectable lawyer will tell you that valuating a personal injury claim takes time and due diligence. Investigations are necessary to determine the full amount of your current and anticipated financial losses, as well as the impact your injuries will have on your ability to work and lead a normal life. In more serious injury cases, life care planners and economic experts are brought in to help us assign an accurate dollar amount to your case.

Will my personal injury claim go to trial?

It’s a common misconception that most personal injury lawsuits go to trial. In fact, less than 5 percent of all claims are tried before a jury. The majority of personal injury cases start as injury claims that are resolved through settlement negotiations between the plaintiff and the defendant’s insurance.

A formal lawsuit may be filed if the defendant refuses to pay the initial demand, although a settlement can still be reached at any time. Trials are lengthy and expensive, and defense teams will usually try to avoid taking a case to court.

It is our aim to resolve your personal injury claim as quickly as possible while ensuring the monetary compensation is fair and just.

Speak to a Vero Beach Personal Injury Attorney

If you were hurt because of someone else’s negligent actions or omissions, you may qualify for legal compensation. Kogan & DiSalvo is a premiere personal injury law firm serving residents of Vero Beach, FL, and the surrounding communities. Contact us today for your free, no-obligation case review.

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