At Kogan & DiSalvo, our attorneys help clients recover medical costs and lost income after an accident. Find out what types of damages qualify and how you can streamline the process of getting compensation.

What Qualifies as Medical Expenses for Personal Injury Claims?

Medical damages are any healthcare costs you incur because of an injury that resulted from another person’s negligence. The negligence can be either careless or intentional and due to action or inaction. 

Examples of common medical expenses that plaintiffs can receive payment for include:

• Fees for emergency rides to the hospital and transportation to and from medical appointments 
• Charges for surgeries and operations
• Costs of medication and medical equipment or assistive devices
• Bills for doctor’s visits, check-ups, follow-up appointments and diagnostics
• Charges for ongoing rehabilitation, physical therapy and treatment

The key is that these costs must arise from the harm you suffered from the accident. If you injure yourself in some unrelated way after the accident, the defendant or insurer will not be responsible for those bills. However, if the accident aggravates an existing ailment, you can typically get damages for this harm as well. 

What Are Lost Wages?

Lost wages are the income you would have generated had you not been dealing with the aftermath of the accident that caused your injuries. The at-fault party must cover these damages, too. 

Curing your injuries often means significant time away from work. Not only must you deal with the medical bills, but you also miss out on money you could be earning on the job. Lost wages compensation makes up for this. 

Lost wages also include benefits you lose from missing work, such as sick days, paid time off and vacation days. If you used these benefits to care for your health after the accident, lost wages compensation should also account for this. 

What’s the Difference Between Lost Wages and Lost Earning Potential?

Lost earning potential describes the income you may have obtained in the future had you not suffered your injuries. These are a separate category from lost wages and require even more work to prove.

As an example, house painters need their hands, arms, legs and full mobility to do their job well. If the injuries from the accident permanently compromised any of these functions, that person could likely claim lost earning potential. The person doesn’t just lose time caring for the injuries now; they may not be able to work as much or lose clients because of having a reduced workload.

Any injuries that require a job change can incur damages for lost earning potential. If your injuries force you into a career change where you have to “start over,” you likely miss out on possible perks and promotions that would have otherwise been available. 

How Do Our Lawyers Help You Recover Medical Expenses and Lost Wages After an Accident?

Our team at Kogan & DiSalvo helps you get justice for lost work time and medical costs by handling the bulk of legal work. 

Free Consultation

We start by providing a free case evaluation that lets you know if your claim qualifies for damages and how we can help. With that information, you can choose whether you wish to work with our team.

Full Investigation

We take time to get to know you and the circumstances of your accident and injuries. We launch a comprehensive investigation, gathering any other evidence and keeping it organized and ready to support your case. These items include your medical records, police reports, witness statements and whatever else we can locate that supports your argument and demonstrates your medical expenses.

For your lost wages, we’ll compile your work history, pay stubs and tax returns. If you’re self-employed, you’ll need to show bank statements, contracts, invoices and business financial documents. The court or insurer usually requests other documents that show a disruption to your work and how you tried to minimize losses by adjusting your operations. 

You’ll also need documentation from your doctor that proves your inability to work and for how long that will last. If permanent disabilities will cause lost earning potential, we get the doctor’s verification of that or seek out expert medical witnesses who can confirm the consequences of your injuries. 

Communication and Negotiation

If insurance is expected to cover these damages, we handle negotiations with the insurance companies on your behalf. Even when getting a payout from your own insurance company through personal injury protection in a car accident, adjusters typically try to give you as little as possible. 

The insurance representative might even try to dispute or deny your claim. Another trick they can use is giving you a confusing or leading line of questions that makes you admit fault or downplay how serious your injuries are. 

Also, your no-fault auto coverage only cares for 60% of your wages and earning capacity, as well as 80% of your medical expenses up to $10,000 combined. For anything beyond that, you need to file a claim with the other driver’s company. Expect them to do everything in their means to minimize your claim. 

We work with insurers regularly and understand the tactics they use to lower the value of claims. When you work with us, we communicate and negotiate with the insurers or defense team for you so you don’t have to worry about falling prey to any sneaky strategies.

Litigation (If Necessary)

We build such strong cases that our opposing parties decide to settle most personal injury claims. However, if a fair offer isn’t made, we are fully prepared to take your case to trial and fight for justice.

Our Team at Kogan & DiSalvo Can Help You Recover Medical Expenses and Lost Wages After an Accident

While getting compensation for your medical bills and lost wages may be your right, achieving that goal requires determined effort. Plus, it can be even more overwhelming as you’re dealing with your injuries.

Let us take the burden off you with experienced professional guidance. Contact our team at Kogan & DiSalvo for a free case evaluation and find out how we can assist.

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The practical application begins with focusing on the person in “personal.” Behind every phone call, there is a person who is seeking help during the most vulnerable times of their life. Seeking guidance and solution, the potential clients confide in the attorney and disclose the most personal details. The attorney, in turn, takes on an important responsibility and embarks on a new venture trying to get the best results for the client.

The “personal,” however, does not stop at the initial contact. Instead, it lasts from the inception to the resolution of the client’s case. These three essential “personals” are key building blocks for a successful attorney-client relationship.

Personal communication.

Unlike your average communication, personal communication is where “speak” submits to “listen.” In short, the communication is ineffective when the parties listen to respond and not to understand. Therefore, active listening, where the parties listen to understand and not to merely respond, is key. Practicing effective active listening allows the attorney to learn a lot about the client, client’s objectives, concerns, reservations, and goals.

Simply responding without active listening leads to the breakdown in the communication from the get-go. As a result, communication, being an on-going chain process in the attorney-client relationship, is weakened at the very first link. It is only after the client expresses his or her subjective understanding the attorney should proceed to discussing the case from the legal standpoint. At this time, reasonable expectations are discussed and set, and all the details are resolved to the consensus of both parties. 

Personal understanding.

Don’t lecture; educate. Lecturing on the legal issue or the course of action without explaining the reason behind it is not only confusing and leaves many questions unanswered, but it could also be frustrating. It is often easy to simply give a brief general lecture and an overview of how a typical case unfolds. However, no client is alike, and no case is the same. Therefore, general information is not sufficient for the personal understanding. In personal understanding, the client has a clear vision and comprehension of the goal and the roadmap to achieving that goal. That understanding is what makes all the difference since the client may be the best help and resource to help make his or her case successful. Therefore, helping the client understand the reasons and requirements behind the steps to take could lead to a very proactive, productive, and successful outcome. 

Personal delivery.

Tailoring the course of the case to the client’s individual needs and objectives is often challenging. Numerous details and variations must be accounted for in every case, and no case will have a uniform outcome. However, conveying the information, progress, and outcome of the case to clients is equally challenging and requires personal delivery. Simply put, delivering, i.e. transmitting the details of the client’s case requires being able to communicate in the way that will allow the client to grasp and retain the information. Personal delivery is essentially speaking the same language as the client and not necessarily in their native tongue. It requires translating the legalese to layman terms without compromising the content and the meaning. Effectively communicating the strengths and weaknesses of the case in the setting of the personal facts in the way accessible to the client is key. Personal delivery is an essential concept that allows the relationship to continue and for both sides to remain on the same page. 

As we see now, promising is more than simply narrating and circulating fancy language for the public to see. It comes with responsibility and an obligation to fulfill the meaning behind the promise. Whether promising results, experience, focus, personal approach, or anything else, it is important to understand that a client, on average, is foreign to the complex and nerve-wracking process of a legal proceeding. Finding themselves outside of their comfort zone, the clients have to grasp the challenging legal processes and concepts, and they look to their attorney for guidance and support. It is during this difficult time, we put the “person” in a personal approach, and the experience, focus, and result merely complement it along the way. 

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No two personal injury claims are exactly alike. One of the major differences is how much you may be entitled to in a settlement.

Some cases involve relatively little in the way of damages. As a result, the monetary amount for such a settlement would be fairly low. On the other hand, some personal injury claims involve hundreds of thousands or even millions of dollars in damages.

Most plaintiffs don’t realize how much a claim is truly worth. Before you settle, it is important to discuss your case with a personal injury lawyer.

The attorneys at Kogan & DiSalvo can help you answer the following questions to determine how much you should demand for a personal injury settlement:

1. What Are Your Economic Damages?

Economic damages refer to the losses from the accident or injury with a definite financial value. These damages represent the foundation of most personal injury claims and subsequent settlements.

Your personal injury settlement should provide adequate compensation for the following economic damages:

• Medical expenses, including your current bills and any medical care that the evidence shows you will need in the future
• Lost wages
• Loss of earning capacity – this refers to the income and benefits you will lose in the future if your injuries prevent you from working
• Any other out-of-pocket expenses you incur as a result of your injuries, such as the cost of traveling for medical treatment, household support, assistive devices, etc.

Bills, receipts, and other documentation provide crucial evidence of the economic damages in your personal injury claim. Make sure you keep any and all paperwork that establishes a financial loss.

2. What Are Your Non-Economic Damages?

Injury victims who try to handle cases on their own are often unaware of the full extent of damages to which they are entitled. Many overlook the fact that another category of losses – non-economic damages – are also compensable in personal injury claims.

Non-economic damages do not correspond to actual economic losses. Instead, they represent the negative impact an accident or injury has on your well-being and quality and enjoyment of life.

Examples of non-economic damages include:

• Pain and suffering – essentially the mental toll of physical and psychological trauma
• Emotional distress
• Disability
• Scarring and disfigurement
• Loss of consortium

There is no hard-and-fast rule for calculating non-economic damages. Insurance companies often take advantage of this fact, making extremely low settlement offers or offering nothing at all.

If the insurance company makes a lowball offer, it is time to consult a personal injury lawyer. A knowledgeable attorney can examine all of the evidence and gather expert testimony in support of your claim.

3. How Serious Are Your Injuries?

You only have one opportunity to resolve your personal injury claim. If you accept a settlement and the amount doesn’t ultimately cover your losses, you will not be able to pursue additional compensation.

One of the most important considerations is how the injury will affect your life long-term. As a general rule: The more serious the injury, the more serious the impairment and the longer it (and the subsequent damages) will last.

So, it is crucial to obtain evidence that proves the seriousness of your injuries. This is especially true if you were injured in a motor vehicle accident because suffering a serious injury is a necessary condition for bringing a claim.

Compelling evidence of serious injury and long-term or permanent disability is essential for negotiating a fair personal injury settlement. Without proof, the insurance company is likely to make a lowball offer or even deny your claim.

4. Who Is At Fault for the Accident?

Florida has instituted a pure comparative negligence statute for personal injury claims. The law allows claimants to recover compensation even if they are partly responsible for the injury or accident, but reduces damages according to their level of fault.

Allegations of partial fault can lead the insurance company to offer a low settlement or even dispute liability for your injuries. If the evidence shows that you are partially at fault, you may be forced to settle for less. However, if you are not at fault and the insurance company is simply trying to avoid paying what you are owed, it is important to fight for all of the compensation you deserve.

Never admit fault or apologize for an accident. Such an admission can be difficult to overcome, even if your lawyer obtains evidence showing that the other party in your case is actually to blame.

5. What Are the Insurance Policy Limits?

Virtually every personal injury claim will involve negotiating with an insurance company. Whether it is a claim against the at-fault party’s auto insurance, residential or commercial property insurance, or general liability insurance (to name a few), one fact remains the same: Insurers will not offer to settle a claim beyond the insured’s policy limits.

However, if your losses exceed the available insurance coverage, the carrier is not necessarily “off the hook.” You are still entitled to compensation for the damages you have sustained, but you may need to file a lawsuit and go to court to get the full amount you deserve.

Contact a Personal Injury Lawyer Today

If you try to handle a personal injury claim on your own, you are at risk of settling for less than you deserve. Hiring an attorney is essential for maximizing your recovery.

At Kogan & DiSalvo, our lawyers are committed to pursuing full compensation for your personal injury damages. We are often able to negotiate fair settlements on behalf of our clients, but we never hesitate to take a case to court if it means achieving a superior outcome.

The majority of our attorneys are recognized as Board-Certified Civil Trial Lawyers by The Florida Bar. This demonstrates our extensive experience in the courtroom – a factor that insurance companies weigh heavily in determining whether to fight a claim or settle.

Please contact Kogan & DiSalvo by calling (561) 375-9500 to speak to a personal injury lawyer in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, or West Palm Beach today. Your initial consultation is free.

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If you were injured due to the negligence of another, you may be entitled to compensation for these losses. However, they could represent only a portion of the full value of your claim.

You only have one opportunity to pursue compensation through a personal injury claim. It is imperative to work with an experienced lawyer who can assess all of the damages that you may be able to recover.

What Are Personal Injury Damages?

Legally, “damages” are the losses you suffer as a result of a personal injury. If the evidence shows that one or more parties are at fault for the injury, you can file a claim seeking compensation.

Damages are recoverable in all types of personal injury claims, including:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Slip and Falls
• Nursing Home Abuse
• And More

The types of damages and total compensation you may be entitled to for a personal injury will depend on the specifics of your case. For example, an accident resulting in a spinal cord injury will be worth much more than an accident that leads to a simple fracture and some cuts and bruises.

What Damages Are You Entitled To for a Personal Injury?

Because damages vary so widely from case to case, it is impossible to say with certainty what kinds of losses you may be able to recover (as well as the overall value of your losses). The three types of damages in a personal injury claim are:

• Economic Damages
• Non-Economic Damages
• Punitive Damages

An experienced personal injury attorney can assess the facts of your case to determine what compensation may be available for the following:

Personal Injury Economic Damages

Economic damages are the actual financial losses you incur due to the negligence or wrongdoing of another party. You may be entitled to recovery of the following economic damages in your personal injury claim:

• The cost of ambulance transport and emergency medical treatment
• Expenses related to hospitalization, surgery, and other medical care
• Bills for therapy, rehabilitation, and counseling
• The cost of medications and medical supplies
• Future medical expenses associated with your injuries
• Lost wages to date
• The income you will lose if you are unable to work
• The cost of modifying your home and/or your vehicle to accommodate any impairments
• Expenses associated with hiring home healthcare workers
• Bills for home maintenance work, childcare, and other services
• Travel and lodging costs related to medical travel

Many of these damages are represented by bills, explanation of benefits statements, receipts, invoices, and other paperwork you receive. Calculating and substantiating economic damages for future expenditures, however, is more challenging and often requires testimony from one or more expert witnesses.

Personal Injury Non-Economic Damages

Non-economic damages do not have a definitive monetary value. Rather, these damages are intended to quantify the negative effects of a personal injury on your life and compensate you financially for the losses.

The non-economic damages in your personal injury claim can compensate you for:

• The physical pain of your injuries
• The emotional and psychological distress associated with the accident
• The shame, embarrassment, and inconvenience of a disability or permanent impairment
• The adverse impact on your appearance caused by scarring and disfigurement
• The loss of support, affection, and intimacy with a spouse (known as loss of consortium)
• The loss of support, guidance, and companionship with a child or children

Non-economic damages are sometimes known more generally as pain and suffering damages. Pain and suffering is an effective way to think about these losses, as you are seeking compensation for the experience of physical, emotional, and psychological pain rather than the associated costs.

Punitive Damages in Personal Injury Claims

The final category of compensation is far less common than economic and non-economic damages. Punitive damages are awarded solely at the discretion of the trier of fact (i.e., the jury or judge that hears your case). As such, the only way to recover punitive damages is by going to trial.

In addition, punitive damages may only be awarded in select circumstances as defined by Florida law: “A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.”

Finally, punitive damages awards are subject to statutory caps. In most personal injury claims, punitive damages cannot exceed (a) $500,000 or (b) triple the value of economic and non-economic damages – whichever is greater.

Contact a Personal Injury Lawyer Today

Insurance companies routinely undervalue the compensation owed to the victims of personal injury. What’s more, claimants are often unaware of how much a claim may be worth and what damages are compensable.

At Kogan & DiSalvo, our attorneys pursue maximum compensation on your behalf. We fully evaluate the evidence in your case to determine how much and what types of damages to pursue. Our team has achieved millions of dollars in results for our clients, and we will rely on this experience to seek a favorable outcome for you and your family. 

Please call Kogan & DiSalvo at (561) 375-9500 today for a free consultation. Our personal injury lawyers serve clients throughout Florida. Our expert services are available across Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach.

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Some cases of paralysis arise due to medical conditions. In other cases, however, paralysis is caused by the negligence of another party, such as a careless driver, a negligent property owner, and others.

If you or a loved one suffered paralysis in an accident caused by someone else, Kogan & DiSalvo can help. Contact a West Palm Beach spinal cord injury lawyer today for a free consultation, or call (561) 375-9500.

What Are the Types of Paralysis?

Both the nature and severity of paralysis can vary. One of the major considerations when gauging the seriousness of paralysis is how much of the body is affected by the injury.

The most extreme cases of paralysis involve:

• Paraplegia: Paralysis of the lower body, including the legs, pelvis, and sometimes the lower torso
• Quadriplegia: Paralysis of the upper and lower body, including the entire torso, the arms, the pelvis, and the legs

Other forms of paralysis have more limited effects, they can still adversely impact a victim’s quality of life:

• Monoplegia: Paralysis of one limb
• Diplegia: Paralysis of a particular area on both sides of the body (such as paralysis of both legs)
• Hemiplegia: Paralysis affecting one side of the body

Some people with paralysis may regain some function and sensation in one or more affected areas of the body. For others, however, paralysis results in permanent impairment.

Potential Causes of Paralysis

The causes of paralysis can be broadly divided into two different categories:

• Traumatic injuries
• Medical conditions

The majority of lawsuits involving paralysis center on injuries caused by negligence. However, depending on the circumstances, one or more parties may also be liable for medical issues that cause paralysis.

Paralysis Caused by Traumatic Injuries

The most common accidents that result in paralysis include:

• Motor vehicle accidents, including:
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
• Falls; possible causes include:
  • Dangerous conditions on a property
  • Nursing home abuse and neglect
• Physical assaults
  • Property owners may be liable for physical attacks stemming from negligent security

Paralysis may stem from injury to the spinal cord or a traumatic brain injury. The cause of the paralysis in these cases may be fairly easy to identify, but you will still need to prove fault to recover damages.

An experienced paralysis lawyer can investigate the facts of your case, collect evidence, consult medical experts, and take additional steps on your behalf to build a strong claim. It is in your best interest to contact an attorney as soon as possible if you suffer paralysis in an accident caused by someone else.

Paralysis Caused by Medical Conditions

Prompt medical intervention can make the difference between recovery from an injury to the brain or spinal cord and permanent paralysis and other complications. The same is true for someone experiencing a stroke.

Strokes are one of the most common medical emergencies. A stroke may occur in the brain, brainstem, or spinal cord. If bleeding is not stopped and the flow of blood is not quickly restored to the brain, patients may suffer permanent paralysis.

Doctors and other healthcare workers may misdiagnose the symptoms of a stroke. If this occurs and you or your loved one suffered paralysis and other serious harm, you may be able to recover compensation through a medical malpractice claim.

Paralysis may also arise as a result of medical errors when a baby is born. Malpractice in the delivery room can lead to:

• Cerebral palsy: Traumatic injury and oxygen deprivation can harm the baby’s brain. Cerebral palsy can lead to paralysis and a wide range of other serious complications.
• Brachial plexus injury: Injury to nerves in the baby’s neck and shoulder can lead to permanent impairment of the affected arm (Erb’s palsy) or hand (Klumpke’s palsy).
• Birth-related spinal cord injury: Also called perinatal spinal cord injury, trauma to the baby’s spinal cord during labor and delivery can lead to lifelong paralysis.

Other medical conditions that can result in paralysis include degenerative diseases (such as multiple sclerosis, muscular dystrophy, amyotrophic lateral sclerosis (Lou Gehrig’s disease), etc.), autoimmune disorders (such as Guillain-Barre syndrome), and issues arising from “wear and tear” and previous injuries to the spine (such as spinal stenosis).

Contact a Paralysis Lawyer Today

Paralysis is a catastrophic injury. If you or a loved one suffered paralysis as a result of someone else’s negligence, you should not have to suffer the physical, emotional, and financial burdens of the injury alone.

For more than 25 years, Kogan & DiSalvo has been representing victims and their families in a wide range of catastrophic injury claims. We have achieved millions of dollars in results on behalf of our clients. Our team can investigate the cause of your paralysis, determine who is responsible, and pursue the full compensation you deserve.

Please contact Kogan & DiSalvo by calling (561) 375-9500 today to speak to a West Palm Beach spinal cord injury lawyer. Your initial consultation is free.

For anyone in need of a personal injury lawyer or dealing with an accident, our expert services are available across Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach.

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At Kogan & DiSalvo, our attorneys are dedicated to seeking full recovery of damages on behalf of those who suffer serious and catastrophic injuries. Our team has the knowledge and experience to calculate all of the compensation you are due and pursue a favorable result on your behalf.

Pain and suffering damages are distinct from medical expenses and other economic losses. Contact an experienced lawyer at Kogan & DiSalvo today for free to find out what your case may be worth.

What Is Pain and Suffering?

Pain and suffering is the principal type of non-economic damages in a personal injury claim. It refers to the physical, emotional, and psychological toll associated with serious injuries.

Unlike economic damages – which compensate accident victims for the financial impact of their injuries – pain and suffering damages are intended to offset the negative effect on your quality and enjoyment of life.

Insurance companies and advocates of so-called “tort reform” often point to pain and suffering damages as an example of “excessive” compensation awarded to plaintiffs. However, both people who have been seriously injured as well as experienced personal injury lawyers can attest to the importance of these damages in enabling victims to move on with their lives and overcome the challenges posed by severe injuries.

How Is Pain and Suffering Calculated in a Personal Injury Claim?

A variety of websites purport to offer a “pain and suffering calculator” that supposedly helps people determine what constitutes fair compensation. In reality, however, these calculators offer deceptive and unreliable results.

Each personal injury case involves a host of unique factors, including the losses suffered by the victim and his or her loved ones. Plugging numbers into a digital program will not provide you with an accurate total for the damages you have suffered. Only by consulting a lawyer who reviews the facts of your case will you get a figure that is truly representative of the value of your case.

You should not trust insurance companies to offer fair compensation for your losses, including pain and suffering. Insurers use imprecise methods for calculating pain and suffering damages:

Pain and Suffering Multiplier

Insurance adjusters rely on formulas to process claims. Many insurance companies have created a formula for calculating pain and suffering damages where the reported economic losses are multiplied by a number that represents the seriousness of the claimant’s injuries.

Pain and suffering multipliers typically range from one-and-a-half to five. The more serious the injury, the higher the multiplier. For example, while the damages in a claim involving a traumatic brain injury with incapacitating cognitive effects may be multiplied by a four or a five, a multiplier of a two or less may be applied if the victim suffers persistent (but not debilitating) effects from a concussion.

Ultimately, the number used in the multiplier (and the decision to calculate pain and suffering damages at all) is at the insurance company’s discretion. As a result, the settlement offers generated by insurance companies tend to be an artificially low estimate, not a true reflection of what you deserve for your losses.

Per Diem Pain and Suffering Damages

Another formula insurers may employ to calculate pain and suffering is the per diem model. Meaning “per day,” this equation calculates an average daily rate of pain and suffering and multiplies it by the number of days you are expected to endure the adverse effects. Insurers typically use your average daily wage to determine pain and suffering per diem.

Obviously this formula is even more inexact than the pain and suffering multiplier. The calculation relies on an (at best) educated guess of how long someone will have to live with a serious injury and bases it on the income they previously earned, not their current challenges. Per diem calculations are also incompatible with injuries resulting in permanent impairment and total disability, as the number of days in question is impossible to determine.

How Much Can I Recover for Pain and Suffering Damages?

Personal injury lawyers do not rely on clumsy formulas and equations to assess the value of their clients’ damages. Instead, pain and suffering and other losses are quantified by closely examining how the injury impacts your life, as well as testimony from expert witnesses who can establish the specific effects of issues such as physical pain, emotional distress, psychological trauma, etc.

Ultimately, the value of your pain and suffering damages (and your personal injury claim as a whole) will depend on the specific nature and severity of your losses.

Some caps and restrictions may limit the amount of compensation you can recover for pain and suffering and other non-economic damages. For example, the Florida no-fault accident law only allows the victims of auto accidents to sue for pain and suffering and other non-economic losses if the crash causes a “serious injury” as defined by law.

Read More: Can You Sue for Pain and Suffering from a Car Accident?

In addition, non-economic damages (including pain and suffering) are capped at $500,000 in most medical malpractice claims in Florida.

Get the Compensation You Deserve – Contact a Personal Injury Lawyer

Calculating pain and suffering damages and other losses is a complex process. Those who try to handle this aspect of the case on their own often settle for less than they deserve.

For more than 25 years, Kogan & DiSalvo has been representing clients in a wide range of personal injury claims. We make sure the insurance companies don’t take advantage of you and fight for the full compensation you deserve to cover your expenses and move forward with your life.

For a free case evaluation, please call Kogan & DiSalvo at (561) 375-9500 today. Our personal injury lawyers serve clients in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach.

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For victims of serious injury, it is always worth speaking to a lawyer. Cases involving significant injuries and high damages are complicated, and hiring an attorney is often essential for recovering full damages.

Below are a few scenarios where having a personal injury lawyer on your side can make a big difference in the outcome of your case.

If you need immediate assistance, please contact Kogan & DiSalvo for a free consultation, or call (561) 375-9500.

The Accident Was Not Your Fault

If you are not responsible for the accident that caused your injuries, you may be entitled to compensation for the subsequent losses. However, filing a personal injury claim can come with a variety of challenges.

The vast majority of personal injury claims involve going up against insurance companies – oftentimes the large, powerful, nationwide carriers you see on TV. Insurance adjusters can make it very difficult for claimants to get the money they deserve. One of the most common tactics used by adjusters is to dispute liability.

Insurance companies often try to argue that injured people are responsible for their own injuries, and are thus due less or even no compensation. Florida is a comparative negligence state – meaning you are not blocked from recovery of damages if you are partly responsible for the accident – but you should not be forced to settle for less just because an insurer says so.

A personal injury lawyer can gather evidence on your behalf to show that the liable party or parties are indeed at fault for the accident. Your attorney can also negotiate with the insurance companies with the goal of obtaining a favorable settlement of your claim.

Your Injuries Are Serious

Questions of serious injury are often central in Florida personal injury claims. The victims of car accidents and other vehicle collisions only have the right to sue the other driver if they suffer serious injury, disability, or disfigurement as a result of the crash.

Auto insurance companies are well aware of this “serious injury threshold,” and they will likely try to argue that your injuries from the accident do not qualify. Even in cases where you do not need to be seriously injured to sue (in Florida, this includes most circumstances unrelated to vehicle accidents), insurers are more likely to contest claims involving significant and disabling injuries.

Your medical records may tell only part of the story when it comes to the severity of your injuries and their long-term effect on your life. A personal injury lawyer can consult with your doctors and other medical experts to determine the extent of the injury and what damages you might be entitled to recover.

The clock starts ticking on your claim as soon as the accident happens. You should contact a personal injury lawyer as soon as possible.

Have You Sustained Significant Losses?

In personal injury claims, the losses you suffer due to another party’s negligence are called damages. Minor injuries tend to result in minor damages. Serious and catastrophic injuries, however, often lead to significant damages.

When insurance companies offer claimants a settlement, their goal is to pay as little as possible. Your settlement offer may account for only a portion of the actual damages in your case. Without legal counsel, many personal injury victims are unaware how much they may be owed in compensation. Unfortunately, if you accept the low offer, you do not have the right to pursue additional damages at a later date.

An experienced personal injury lawyer can assess the evidence in your case and consult expert witnesses to determine the full monetary value of your losses. Your attorney can then pursue maximum compensation on your behalf.

Hiring an experienced lawyer with a history of success often results in a higher settlement. In the event that the insurance company won’t budge, however, you need an attorney who can effectively present your case in court. Consistently winning cases at trial takes knowledge, skill, and determination. It is in your best interest to work with an attorney who is Board-Certified in Civil Trial Law by The Florida Bar.

Contact a Personal Injury Lawyer Today

Ultimately, it is always worth getting an attorney if someone else causes you serious injury. Having knowledgeable legal counsel is crucial for obtaining the full compensation you deserve.

Kogan & DiSalvo has championed the rights of the injured for more than 25 years. Our Board-Certified Civil Trial Attorneys have achieved significant results on behalf of clients who suffered serious injuries in a wide variety of circumstances.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case evaluation. Our personal injury lawyers serve clients throughout Florida from offices in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach.

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If you or a loved one suffered a spinal cord injury due to someone else’s negligence, it is important to speak to an attorney as soon as possible. You may be entitled to significant compensation for the losses associated with such a catastrophic injury.

The spinal cord injury lawyers at Kogan & DiSalvo have extensive experience serving clients who have suffered damage to the spinal cord and other catastrophic injuries. Contact us today for a free case evaluation.

Types of Spinal Cord Injuries

A spinal cord injury may be classified as complete or incomplete. Both the location of the injury to the spine and the severity of damage to the cord play key roles in determining the seriousness of a spinal cord injury.

The severity of a spinal cord injury is graded according to a scale developed by the American Spinal Injury Association (ASIA) that assesses the level of impairment. Spinal cord injuries can be graded on the ASIA Impairment Scale (AIS) as follows:

• Complete (AIS A): Victims with complete spinal cord injuries suffer total loss of sensation and motor function at and below the site of the injury.
• Sensory Incomplete (AIS B): Motor function is lost but some sensation is present.
• Motor Incomplete (AIS C): Motor function is partially preserved, but less than half of the affected muscles have full range of motion in resistance to gravity.
• Motor Incomplete (AIS D):  Motor function is partially preserved, with more than half of the affected muscles having full range of motion in resistance to gravity.

Most people associate spinal cord injuries with one very serious outcome: paralysis. In extreme cases, spinal cord injury victims may suffer paraplegia (paralysis at and below the lower abdomen or waist) or quadriplegia/tetraplegia (paralysis at and below the neck). However, as you can see from the AIS grades above, spinal cord injuries can have a variety of different effects.

What Are the Serious Effects of a Spinal Cord Injury?

For victims and their families, the seriousness of a spinal cord injury is often determined not by the grade on a scale used by medical professionals but by how the injury affects day-to-day life. Spinal cord injuries can affect the following:

• Mobility: Most spinal cord injury victims require some form of mobility assistance. Those with injuries to the lumbar spine (i.e., the vertebrae in the lower back) may be able to move using crutches, a walker, or other device, while those with injuries higher on the spine typically require a wheelchair.
• Employment: Depending on the occupation you had before the accident, a spinal cord injury can significantly affect the ability to do your job. Alternative or light duty may be possible (especially with vocational therapy, accommodations from your employer, and/or adaptive technology), but some people with severe spinal cord injuries are unable to work.
• Self-care: The ability to bathe, groom, and feed oneself (among other activities) may all be affected by a spinal cord injury. Injury to the thoracic (upper back) and lumbar spine may not impede self-care, but those who suffer cervical spine injuries (i.e., damage to vertebrae in the neck) often require the assistance of a family member or professional caregiver for these tasks.
• Breathing: Cervical and upper thoracic spinal cord injuries can lead to difficulties in respiration and airway management. In severe cases, a ventilator may be necessary to help with breathing.
• Bladder and bowel control: Issues controlling the bladder and/or the bowels may occur with any level of spinal cord injury. This can lead to incontinence and other complications (such as an elevated risk of urinary tract infections).
• Pain: Although incomplete spinal cord injuries may lead to impairment or complete loss of movement, sensation in the affected area(s) may still remain. Tragically, victims of incomplete injury to the spinal cord may suffer pain as a result of nerve damage, muscle spasms, and more.
• Sexual function: Loss of feeling and mobility can make it difficult or even impossible for victims of spinal cord injury to enjoy the intimacy they once had with a significant other. This can lead to issues such as sexual frustration and depression.
• Physical health: With therapy and support, those with spinal cord injuries can enjoy healthy and active lives. In fact, a care plan that emphasizes activities within the patient’s capacity is crucial for minimizing the risk of secondary conditions such as bedsores, muscle atrophy, undiagnosed infections, and more.  

Correct diagnosis and grading of a spinal cord injury is crucial for creating the proper treatment plan, assessing options for therapy, and identifying potential challenges and limitations you may face. Thorough documentation of your symptoms is also crucial for maximizing your recovery in a spinal cord injury claim.

Spinal cord injuries are expensive to treat and lead to a wide variety of practical, emotional, and psychological challenges. If the negligence of another party caused your spinal cord injury, it is in your best interest to contact an experienced attorney as soon as possible.

Contact a Spinal Cord Injury Lawyer Today

Spinal cord injuries are life-altering events. Victims and their families can face a wide variety of challenges depending on the type and grade of the injury.

Each case of spinal cord injury is different. Your legal strategy should be, too.

The spinal cord injury lawyers at Kogan & DiSalvo work with top medical experts to assess the seriousness of the injury, how it occurred, and your prognosis. We also thoroughly investigate the unique circumstances of your injury and identify all of the liable parties. Our team explores all options for pursuing full compensation on your behalf – even going to trial, if that presents the best likelihood of the outcome you deserve.

Please call Kogan & DiSalvo at (561) 375-9500 today for a free case evaluation. Our spinal cord injury lawyers serve clients in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach.

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First, if you have been injured due to someone else’s negligence, you need a lawyer who focuses his or her practice in civil law. Civil courts have jurisdiction over personal injury lawsuits. Second, you need to find an attorney who is experienced, professional, and has a reputation for winning cases.

A quick online search will turn up a large list of personal injury lawyers. Reading about each attorney’s experience and results takes time, and even then it can be difficult to tell one qualified lawyer from another.

There are many ways to evaluate experience and success, but one objective measure of a lawyer’s qualifications is Civil Trial Law Certification by The Florida Bar. Less than 2 percent of the attorneys in Florida have the distinction of being a Board-Certified Civil Trial Lawyer.

What Is Civil Trial Law Certification?

According to The Florida Bar, the purpose of Board Certification in Civil Trial Law is: “To identify lawyers who practice civil trial law and have the special knowledge, skills, and proficiency, as well as the character, ethics, and reputation for professionalism, to be properly identified to the public as board certified in civil trial law.”

In effect, Civil Trial Law Certification (a) recognizes attorneys who dedicate a significant portion of their practice to trying cases in civil court and (b) provides members of the public with a means of finding a lawyer with a superior reputation for handling civil cases.

The Florida Bar requires attorneys to meet the following criteria in order to apply for Civil Trial Law Certification:

• Minimum of five years practicing law
• Practice focused 50 percent or more in civil trial law in the three years prior to applying
• Handling a minimum of 15 cases in civil court, “including cases before juries as lead counsel and as trier of fact on some or all of the issues”
• “50 hours of approved civil trial law certification continuing legal education” in the three years prior to applying

In addition, applications for Civil Trial Law Certification are subject to a peer review process. The Florida Bar certification committee will reach out to lawyers and judges to evaluate the applicant’s professionalism and character.

Finally, applicants must also pass a written examination. The written exam tests the attorney’s knowledge of multiple aspects of the legal profession, including litigation skills, the rules of evidence, ethics, and civil procedure.

Board Certification in Civil Trial Law is not a distinction an attorney earns just one time. Recertification is required by The Florida Bar every 5 years.

Why Should I Hire a Board-Certified Civil Trial Lawyer?

As with many types of professional certifications, Board Certification by The Florida Bar encourages attorneys to practice law at a higher standard. Civil Trial Law Certification is one of 27 programs overseen by the Board of Legal Specialization and Education that is designed to recognize lawyers who exhibit not only superior legal skills but outstanding ethical and professional conduct.

Lawyers who achieve Board Certification demonstrate a commitment to professional excellence and integrity. This distinction also encourages trust on the part of the public, who can search for a Board-Certified Civil Trial Lawyer knowing that their case will be handled with the utmost skill and professionalism.

Why Choose Kogan & DiSalvo

One of the elements that sets the law firm of Kogan & DiSalvo apart is the multiple Board-Certified Civil Trial Attorneys we have on staff. The majority of our lawyers have attained Civil Trial Law Certification.

The Board-Certified Civil Trial Lawyers at Kogan & DiSalvo are:

• Darryl B. Kogan – Board-Certified in Civil Trial Law since 1994
• Theodore L. DiSalvo – Board-Certified in Civil Trial Law since 2007
• George M. Bakalar – Board-Certified in Civil Trial Law since 2014

Our attorneys have decades of combined experience handling personal injury cases in court. We have achieved over $100 million on behalf of our clients in trial verdicts and settlements.

All of the attorneys at Kogan & DiSalvo pride themselves on not only obtaining significant recoveries on behalf of our clients but our reputation for excellence in all aspects of legal service. We put you, the client, first. Each member of our team is committed to providing you with the support and guidance you need throughout the course of your case.

Contact a Board-Certified Civil Trial Lawyer Today

If you or a loved one has been injured by the negligence of a motorist, a corporation, a property owner, or any other party, an experienced attorney can protect your interests and pursue fair compensation on your behalf. Should your case go to court, it is crucial to hire a lawyer with trial experience.

Kogan & DiSalvo has been serving clients throughout Florida for more than 25 years. Our Board-Certified Civil Trial Attorneys have experience taking a wide variety of injury claims to court – and winning.

Please call (561) 375-9500 today to speak to a personal injury lawyer in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach, or another area of Florida. Your initial consultation is free.

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Depending on the circumstances of your injury, Florida law may limit your ability to recover damages for pain and suffering and other non-economic losses. An experienced lawyer can advise you what damages you may be able to recover and build a strong claim for maximum compensation on your behalf.

For over 25 years, Kogan & DiSalvo has been representing clients throughout Florida in a wide range of injury claims. Contact our personal injury lawyers today for a free case review, or call (561) 375-9500 today.

What Compensation Can I Recover for Medical Bills?

In a personal injury claim, you may be entitled to compensation for all of your medical expenses connected to the accident. This may include:

• Ambulance transport
• Emergency room care
• Hospitalization
• Surgeries, including emergency and reconstructive procedures
• Prescription medications
• Therapies and rehabilitation

You may be able to recover compensation for both the medical bills you have incurred to date, as well as the anticipated cost of future medical treatment, ongoing therapy, etc. You can also pursue damages for related out-of-pocket expenses (such as travel to and from medical appointments, assistive devices, and home healthcare services).

To prevail in your claim, medical bills and other economic damages must be supported by evidence. An experienced personal injury lawyer can thoroughly review your medical records and the bills you have received to calculate the compensation in your case. Testimony by expert witnesses can support your damages claim for future medical bills.

What Compensation Can I Recover for Pain and Suffering?

Although pain management is a crucial part of treating any injury, pain and suffering damages do not refer to the financial cost of medications, surgeries, and other treatments. Instead, pain and suffering is the legal term for the adverse effects of an injury on your physical health and mental and emotional well-being. As such, pain and suffering damages are separate from the losses you can recover for medical bills.

You may be able to recover compensation for pain and suffering if you experience the following issues after an injury:

• Physical pain (acute and chronic)
• Mental distress (such as post-traumatic stress, anxiety, depression, etc.)
• Emotional anguish (e.g., shame, embarrassment, frustration with your changed circumstances, etc.)
• Inconvenience (ex: victims of a spinal cord injury may be entitled to compensation for the difficulties they face with mobility and other functions)

As with medical bills, the evidence must support your claim for pain and suffering damages. Obviously, calculating pain and suffering is less straightforward than adding up numbers on a billing statement. Testimony from your doctors, friends and family members, and – perhaps most importantly – you can help establish your right to compensation for pain and suffering.

Does Florida Limit Pain and Suffering Damages?

Unlike many states, Florida does not place a cap on the damages you can recover for pain and suffering in most personal injury claims. There are two exceptions to this rule:

• $500,000 cap on non-economic damages in medical malpractice claims
• $200,000 cap on non-economic damages in personal injury claims against a government entity

Although non-economic damages are not subject to a cap in auto accident claims, the Florida no-fault accident law does limit the circumstances in which you can pursue a claim for pain and suffering.

Restrictions on Pain and Suffering Damages in Florida Auto Accident Cases

If you are injured in a motor vehicle accident in Florida, you must first file a claim with your own insurance company. Your personal injury protection (PIP) insurance covers a portion of your economic losses (including medical expenses and lost wages).

However, PIP does not cover pain and suffering and other non-economic losses. In fact, you are barred from pursuing a claim against the at-fault driver for full compensation of damages (economic and non-economic) unless your injuries meet the threshold for serious injury.

According to Florida law, a serious injury constitutes one or more of the following:

• “Significant and permanent loss of an important bodily function”;
• “Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement”;
  AND/OR
• “Significant and permanent scarring or disfigurement.”

Your medical records and testimony from one or more medical experts can help prove that your injury meets the threshold to pursue a fault-based claim against a negligent driver. You may be entitled to compensation for the full extent of damages in your case, including pain and suffering.

What Compensation Are You Entitled to in a Personal Injury Claim?

Defendants and insurance companies frequently contest both the seriousness of victims’ injuries as well as the damages they pursue. Some losses, such as medical bills, are easier to claim than others.

If you have been injured by a careless driver, a negligent property owner, or another party, it is important to speak to a personal injury lawyer as soon as possible. The attorneys at Kogan & DiSalvo can build a strong claim on your behalf for pain and suffering and other types of damages.

Contact our experienced personal injury lawyers at Kogan & DiSalvo today, or call (561) 375-9500. We have served clients throughout Florida for over 25 years. We have achieved significant recoveries on behalf of clients in a variety of personal injury claims. Your initial consultation is free, and we work hard to pursue maximum compensation on your behalf.

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