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The car accident itself lasts just seconds. Its impact may affect you and your family for the rest of your lives. Because of the negligence of another person or entity, your life and health are turned upside down. In Indian River County, you need the services of a good car accident lawyer to help rebuild your life by holding those responsible for your injuries liable.
A Vero Beach auto accident attorney at our law firm will fight for you so that you may receive the maximum compensation you deserve for your injuries. Call today for a free consultation with Kogan & DiSalvo.
Florida Statute 627.7407 outlines Florida as a no-fault state. This means that when traffic accidents occur, the injured party’s own auto insurance carrier can provide compensation for their medical expenses and lost income, no matter who caused the accident. Unless the accident caused serious injuries, the other driver will not be held liable.
However, if the plaintiff’s injuries meet the “serious injury” threshold, they may be able to seek compensation in civil court. This threshold may apply if the plaintiff suffered:
Since these circumstances are vague and can be left open to interpretation, our seasoned team of car accident lawyers in Vero Beach could increase the chances that a plaintiff is given a fair settlement or a jury award to cover their injuries.
Leading causes of car accidents include:
In South Florida, certain weather conditions contribute to car accidents. While ice and snow are not an issue, thunderstorms accompanied by pouring rain occur frequently. High wind gusts can cause a loss of vehicle control. Poor road conditions play a role in some accidents. Under these circumstances, the government agency responsible for road maintenance may be liable.
The most frequent types of car accidents and their aftermath include:
Common serious car accident injuries include:
Victims may also develop PTSD after an accident. The effects may include flashbacks, nightmares, mood swings, inability to sleep, fear of being in a car or in the area where the accident occurred, and other emotional and psychological symptoms.
Under Florida law, there are five elements pertaining to negligence. To succeed in a car accident lawsuit, all of these elements must be in place and proven.
The first is the establishment of a duty of care. When driving, motorists have a duty of care to keep others safe to the best of their abilities. When another driver causes an accident causing an injury, they have usually breached that duty of care. That breach is the second element regarding negligence.
It is not unusual for a car accident victim to be partly at fault for the crash. Under Florida’s recently revised modified comparative fault law, the third element regarding negligence, the jury determines the percentage of each party’s fault. If the plaintiff is found to be 50% or more at fault for the accident, they cannot recover anything. If the plaintiff is found to be 49% or less at fault, they are able to recover.
Next is establishing the cause of your injuries. Generally, this element is not difficult. For example, if the other driver had not been speeding, they would not have crashed into your car, causing your injuries.
Finally, your lawyer must show that you suffered damages. This is also not difficult to prove if you were seriously injured.
Liability is a crucial concept in any motor vehicle accident, determining who is responsible for the damages and injuries that result. In a car accident case, establishing liability is essential for car accident victims to secure compensation for their losses. A Vero Beach traffic accident lawyer plays a vital role in proving liability, ensuring that the at-fault party is held accountable.
In Florida, which follows a comparative negligence rule, liability can be shared among multiple parties. This means that even if a victim is partially at fault for the accident, they can still recover damages, though their compensation will be reduced by their percentage of fault. For example, if a victim is found to be 20% responsible for the accident, their compensation will be reduced by that amount.
Insurance companies often try to shift as much blame as possible onto the victim to reduce their payout. This is why it’s crucial to have an experienced car accident lawyer handling your insurance claim. A skilled Vero Beach car accident lawyer will gather evidence, such as police reports, witness statements, and expert testimony, to establish the other party’s liability.
Understanding and proving liability is key to ensuring that car accident victims receive the compensation they deserve to cover medical bills, lost wages, and other related expenses.
Compensation, or damages, falls into economic and non-economic categories. Quantifying the former is straightforward, such as the amount of wages lost during your recuperation. The latter is more subjective and depends on individual circumstances.
Economic car accident damages may include:
Non-economic damages include:
The average car accident settlement in Vero Beach, FL, typically ranges between $10,000 and $80,000. However, as a general idea, in personal injury cases involving severe or catastrophic injuries, settlements can reach into the millions. The settlement amount in a personal injury claim is influenced by various factors, which Vero Beach car accident attorneys carefully evaluate to ensure fair compensation.
Key factors that can impact the settlement amount include:
Each personal injury case is unique, and our Vero Beach motor vehicle attorneys work diligently to maximize the settlement based on the specifics of the case.
Most car accident claims are settled. However, if the insurance company fails to agree to a reasonable settlement, the victim may take their personal injury lawsuit to the trial stage. A trial involves both sides delivering opening statements, presenting evidence and witnesses, and presenting closing arguments. The case then goes to the jury to decide. Since trials are costly and time-consuming, pre-trial settlements are common. Such settlements require both parties to agree to the settlement terms before the trial starts.
Generally, the statute of limitations in Florida for filing a car accident lawsuit is two years from the date of the collision.
In a worst-case scenario, a car accident victim dies from their injuries. Surviving family members can file a wrongful death lawsuit against the parties responsible for the loss of their loved one. In Florida, only the personal representative of the estate may file a wrongful death lawsuit. That representative, also known as an executor, files the wrongful death lawsuit on behalf of surviving family members.
The statute of limitations for filing a wrongful death lawsuit is two years from the death date.
Compensation in a wrongful death case may include:
Our experienced personal injury lawyers at Kogan & DiSalvo in Vero Beach, FL will investigate your car accident claim thoroughly. We will determine which parties or entities are liable for the collision. We will find medical experts to make sure your injuries receive proper treatment.
We will handle all negotiations with the insurance companies while you recuperate from your injuries. An insurance company’s business model involves settling for as little as possible but relatively quickly. What sounds like a reasonable amount to you–especially if you have no income due to the accident and no vehicle–is probably far less than the amount you will need to pay your medical expenses and get your life back on track. Insurance companies are notorious for lowball offers. Never agree to an insurance settlement before speaking with a personal injury attorney.
At Kogan & DiSalvo, we know the value of your claim based on your injuries and circumstances. If the insurance company refuses to settle for a reasonable amount, we will pursue litigation.
If you or someone you know was seriously injured in a car accident because of another party’s negligence or recklessness, contact a personal injury lawyer in Vero Beach at Kogan & DiSalvo today. Schedule a free, no-obligation consultation. As we work on a contingency basis, you pay no fee unless you receive compensation.
Total reviews: 1003 |
Average rating: 4.9
We would like to thank the team at Kogan and DiSalvo and wish them all a wonderful Thanksgiving. When my wife and I were involved in a small crash in 2021, we met with Ted DiSalvo at the Boca Raton office. Ted was so helpful and made us feel like he really cared about us and took our case even though it was minor. In 2022, we were rear-ended by a commercial plumbing truck that caused major injuries to my wife and I. We naturally called Kogan and DiSalvo back. We knew that they would take care of us again. Tiffany Fanelli was assigned to our case, and, Wow! For over 2 years, we worked with the team at Kogan and DiSalvo. There were times that we had doubts about what our future looked like, but Tiffany always encouraged and reassured us that she was working hard to resolve this case. Recently, Tiffany put together the most impressive presentation we have ever seen in our professional careers and Tiffany won our case in a big way. We are so thankful for what Tiffany was able to accomplish. And equally grateful to the entire team at Kogan and DiSalvo. We highly recommend them if you have to deal with a similar situation. To everyone at Kogan and DiSalvo, we wish you a happy Thanksgiving and a wonderful holiday season.
Our attorneys were very professional and efficient.
They communicated frequently and were very patient answering our questions and or concerns. In addition, they negotiated settlements with medical providers which reduced our expenses resulting in larger settlement proceeds.
In closing they did a fantastic job, and I would strongly recommend them.
Jessica and jay the best attorneys that can handle your case
I’ve never had to get an lawyer due to an accident before, Kogan and DiSalvo made this process and head ache free as possible. I hope that it doesn’t come to it but if I ever needed to choose someone again I would choose them.
I loved my experience with my Lawyer George and Macy and Victoria are the absolute sweetest!!
Love attorney Rachel~ She gets the job done fast and is thorough as well as informative. Such a genuine firm whom truly cares about people and what they deserve from the pain and suffering of being hit. Her assistant Oxsana is also fabulous. Highly recommend.
Great experience with K&G from beginning to end! Amanda worked diligently and kept me informed on any updates throughout the case. My lawyer Jay was also straightforward and trustworthy, he walked me through his plans and processes. Everything was handled well, I didn’t even have to think much about the case or stress. I’m glad I chose this firm & would return if ever necessary!
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.
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