Zephyrhills Personal Injury Lawyer

Did you suffer an injury in a car accident on U.S. 301? Perhaps you slipped on a slick surface at a popular restaurant or shopping center. Maybe you were riding your motorcycle, and an intoxicated driver sideswiped you. If you suffered an injury in Zephyrhills due to the negligence of another party, you deserve to recover compensation for your damages and losses. 

All personal injury lawsuits stem from plaintiffs who were harmed due to the negligence or recklessness of another party. A personal injury lawyer in Zephyrhillsat Kogan & DiSalvo protects your rights while seeking compensation for your damages and losses. We invite you to contact us today to schedule a free consultation.

The Role of a Zephyrhills Personal Injury Lawyer

After your accident, you may hear from the at-fault party’s insurance company, offering you a quick settlement. Although you may need the money because of your medical expenses and inability to work, never sign anything before consulting your lawyer.

Moreover, you must report the incident to your insurance company as soon as possible after a motor vehicle accident. However, do not make a formal statement to your insurance company about the accident before obtaining legal advice. The slightest error in your statement can mean the insurer may deny your claim. A Zephyrhills personal injury attorney will ensure that your rights are protected and that nothing in the statement potentially reduces your claim’s value.

Insurance companies make lowball offers to settle claims fast. Once you agree to a settlement, there is no going back if the amount is inadequate for your medical expenses, lost wages, and other losses. The settlement releases the insurer from further liability.

Your Lawyer Knows a Fair Settlement Offer

We will negotiate with the insurance company so that you receive the damages for which you are eligible. Remember that insurance companies have lawyers evaluating your claim. Without an attorney, you have no one to protect your interests.

When you hire an attorney to represent you, the insurance company knows it must treat your claim seriously. Your legal representative is well-versed in insurance company’s tactics to deny or minimize claims. Accident victims with experienced legal representation usually receive higher settlements.

Finally, most personal injury cases are resolved through settlement negotiations. However, we can take your case to trial if the insurance company fails to agree to a reasonable settlement. 

Common Personal Injury Cases

During this challenging time, a personal injury lawyer can handle all the details regarding your claim and deal with the at-fault party’s insurance company. At Kogan & DiSalvo, we represent clients in the following personal injury cases.

Car Accidents

For car accidents, one of the most common personal injury claims, note that Florida is a no-fault automobile insurance state. When a car accident occurs, the medical expenses and a percentage of lost wages of all parties are paid for by their Personal Injury Protection (PIP) coverage. By law, car owners must carry a minimum of $10,000 in PIP and $10,000 in Property Damage Liability (PDL) coverage.  

However, accident victims can go outside the no-fault system and file a personal injury lawsuit if their expenses exceed $10,000. They can also file a car accident lawsuit if they have sustained significant or permanent loss of body functions, significant scarring or disfigurement, or permanent injuries.

Other Common Personal Injuries

• Truck Accidents: Florida is third in the nation, behind only Texas and California, when it comes to fatal truck accidents. Truck accidents are often responsible for catastrophic injuries.
• Motorcycle Accidents: No-fault insurance does not apply to motorcycle accidents in Florida. The state ranks at or near the top nationally for motorcycle accidents and fatalities.
• Pedestrian Accidents: Florida also has the dubious distinction of being among the top three states in the nation in the number of pedestrian deaths. New Mexico and Arizona have the highest rates.
• Bicycle Accidents: Florida leads the nation in bicycle accident fatalities. As with pedestrian accidents, the state’s warm climate brings more cyclists out on the roads than in other parts of the country. That correlates to more potential accident victims.
• Bus Accidents: Florida is one of the top five states for bus accidents.
• Workers’ compensation lawyer: Workers injured while on the job have their medical expenses and a percentage of their lost wages paid by their employer under their workers’ compensation insurance policy.
• Slip and fall lawyer: Under the legal concept of premises liability, property owners have a duty to keep their properties in a safe condition. If you are injured in a slip and fall accident due to negligence, i.e., not cleaning up after a spill, you may have grounds for filing a slip and fall lawsuit. 
• Catastrophic injury lawyer: Catastrophic injuries are those changing the trajectory of a person’s life, resulting in permanent impairment, the inability to work again, and possible lifelong medical care. Settlements must consider the injured person’s long-term needs.
• Wrongful death lawyer: In Florida, the personal representative of the decedent’s estate can file a wrongful death lawsuit against the at-fault party on behalf of surviving family members. The statute of limitations for filing a wrongful death lawsuit is two years from the death date, not the date of the accident.

Elements of a Strong Personal Injury Case

A solid personal injury case rests on compelling evidence that shows the other party negligently, recklessly, or deliberately caused the injury and that damages resulted.

A personal injury attorney in Zephyrhills will investigate your case thoroughly. That includes reviewing medical and police records, interviewing eyewitnesses, studying photos or videos of the accident scene, subpoenaing cell phone records, reviewing video surveillance footage or dashcam footage, truck “black box” data, traffic data from GPS and navigation services, and proving that your injury is directly related to the accident. The more documentation in a personal injury case, the stronger the claim.

In some motor vehicle accident cases, we may hire an accident reconstruction expert to analyze what happened to cause the crash. These professionals may use 3D models and other technology to determine exactly how the collision occurred.

Compensation Available in Personal Injury Cases

The types of damages available in personal injury cases include:

• Medical expenses, current and future
• Lost wages
• Loss of future earnings
• Property damage
• Pain and suffering

The amount of compensation depends on the individual case and the severity of the injuries.

Modified Comparative Negligence Standards in Zephyrhills

Florida operates under a modified comparative negligence standard when it pertains to liability. That means you can still recover damages from a personal injury claim, even if partly at fault.

Under Florida law, if a judge or jury finds the plaintiff (victim) to be more than 49 percent responsible for the accident, they cannot receive compensation. If it is determined that the plaintiff is less than 49 percent responsible, they may receive a monetary award. However, their percentage of fault reduces the amount. For example, a $100,000 award in which the plaintiff is found 25 percent at fault is reduced to $75,000.

Importance of Timely Action

Florida’s statute of limitations for filing a personal injury lawsuit is generally two years from the accident date. However, do not wait to hire legal counsel because crucial evidence in your case can vanish. For example, local governments or nearby businesses usually keep surveillance videos for only 30 to 60 days. Eyewitnesses may prove harder to locate and may no longer recall details of the accident.

You should also contact a personal injury lawyer immediately if you have questions about who is responsible for the accident. Without them, the insurance company will often try to assign blame to you.

Kogan & DiSalvo Are Ready to Help

If you or someone you know has been seriously injured due to another party’s negligence, recklessness, or deliberate actions, you need the services of an experienced Zephyrhills personal injury lawyer at Kogan & DiSalvo. Schedule a free, no-obligation consultation today. We work on a contingency basis, so you pay no fee unless you receive compensation. We serve all of Pasco County.