motorcycle accident injury attorney boca raton florida

Understanding Florida’s Motorcycle Accident Laws: What Every Rider Needs to Know

by BlogMotorcycle Accident Attorney

 

Whether you’re cruising down A1A with the ocean breeze at your back or weaving through Boca Raton’s bustling downtown streets, Florida is a motorcyclist’s paradise. But with that freedom comes serious legal responsibilities—and risks. If you’re a rider in the Sunshine State, understanding Florida’s motorcycle accident laws can make all the difference in protecting your rights and your recovery in the event of a crash.

 

Here’s what every rider in Florida needs to know:

 

Florida Helmet Laws: What’s Required?

Florida law does not require all riders to wear a helmet—but there’s a catch. If you’re over 21, you can legally ride without a helmet only if you carry at least $10,000 in medical insurance coverage. Riders under 21 are required to wear a helmet at all times.

 

⚠️ Why it matters: Choosing to ride without a helmet may reduce the compensation you can recover in a personal injury case, even if you weren’t at fault.

 

Florida is a No-Fault State—But Not for Motorcycles

Florida’s no-fault insurance laws apply to cars and trucks, but motorcycles are excluded. This means if you’re injured in a motorcycle accident, you can’t rely on Personal Injury Protection (PIP) to cover your medical bills.

 

Instead, you must pursue compensation through:

  • The at-fault driver’s bodily injury liability coverage
  • Your own health insurance
  • A personal injury lawsuit

 

Comparative Negligence: Fault Is Not Always Black and White

Florida follows a modified comparative negligence rule, which means your compensation could be reduced based on your percentage of fault. If you’re more than 50% at fault, you’re barred from recovering damages.

 

Example: If a court finds you 20% responsible for the accident and your damages are $100,000, you’d receive $80,000.

🛑 This rule makes gathering evidence and hiring a lawyer early even more important.

 

Statute of Limitations for Motorcycle Accidents

Under Florida law, you generally have two years from the date of your motorcycle accident to file a personal injury claim. If you miss this window, you lose the right to seek compensation.

Don’t wait until the deadline is looming. Evidence fades. Witnesses disappear. And insurance companies don’t play fair.

 

Recoverable Damages in a Motorcycle Accident Case

If you were injured in a crash, you may be entitled to compensation for:

  • Medical expenses (past & future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Property damage (bike repairs or replacement)
  • Emotional distress

 

In tragic cases, surviving family members may also pursue a wrongful death claim.

 

Why You Should Talk to a Motorcycle Accident Lawyer

Motorcycle cases in Florida are legally complex—and often biased. Insurance companies often try to pin the blame on riders or offer lowball settlements. A local attorney who understands Boca Raton traffic patterns, police reports, and Florida statutes can help you level the playing field.

 

Ride Smart. Ride Safe. Know Your Rights.

Florida roads are beautiful…but they can also be dangerous for motorcyclists. Whether you ride casually or daily, knowing the law helps protect both your freedom and your future.

If you or a loved one has been in a motorcycle accident in Boca Raton or the surrounding areas, don’t wait. Talk to a motorcycle accident lawyer who understands the law and how to fight for you.

 

BOOK A FREE CONSULTATION

 

Click here to learn about Hit & Run Injuries 

 

 

Real Florida Motorcycle Accident Cases That Shaped Local Law

Geane Herrera (2024) – Former UFC Fighter Killed in Tampa

Geane Herrera, a former UFC and Bare Knuckle Fighting Championship competitor, tragically died at age 33 in a high-speed motorcycle crash on the Gandy Bridge in Tampa. He collided with another vehicle and was thrown into a concrete barrier. Herrera left behind a teenage son and a pregnant partner. ​New York Post+1The US Sun+1The US Sun

Palm Beach County Deputies (2023) – Fatal Crash During Traffic Duty

In a devastating incident, three motorcycle deputies from the Palm Beach County Sheriff’s Office—Cpl. Luis Paez, Deputy Ralph “Butch” Waller, and Deputy Ignacio “Dan” Diaz—were killed while conducting traffic enforcement in Wellington. An SUV lost control and struck them as they were assisting with a stalled motorcycle. ​AP News

Billy Lane (2006) – Celebrity Bike Builder Convicted in DUI Death

Billy Lane, a well-known custom motorcycle builder and TV personality from Melbourne, Florida, was convicted of DUI manslaughter after crossing a double yellow line and fatally striking 56-year-old Gerald Morelock, who was riding a motorcycle. Lane’s blood alcohol level was over twice the legal limit, and he was driving with a revoked license. ​Wikipedia

Sara-Nicole Morales (2021) – Road Rage Ends in Fatal Shooting

In Orange City, Florida, Sara-Nicole Morales was shot and killed after a road rage incident involving a motorcyclist. Morales had intentionally struck the motorcyclist’s vehicle and was followed to her home by the motorcyclist and witnesses. She confronted them with a firearm, and the motorcyclist, who had a concealed carry permit, shot her in what was later deemed justifiable self-defense. ​Wikipedia

Corey Scott (1997) – Stuntman Dies During Live Performance

Stunt performer Corey Scott died during a live motorcycle stunt at the Orange Bowl stadium in Miami. While attempting a dangerous jump into a net, he missed and fell to the ground, suffering fatal injuries. The incident was witnessed by thousands and raised concerns about stunt safety protocols. ​Wikipedia

hit and run boca raton - personal injury attorney

What to Do After a Hit-and-Run Accident in Boca Raton, Florida

by BlogCar Accident InjuryHit and Run Accident Attorney

A hit-and-run accident can be a terrifying and frustrating experience. One moment, you’re driving through Boca Raton, and the next, another vehicle crashes into you; only for the driver to speed away, leaving you with injuries, vehicle damage, and unanswered questions. Florida law requires drivers to stop after an accident, but unfortunately, not everyone follows the rules. If you’ve been the victim of a hit-and-run, taking the right steps can make all the difference in recovering compensation and holding the responsible party accountable.

Step 1: Stay Calm and Call 911

Your safety is the top priority. If you or anyone else is injured, call 911 immediately and request medical assistance. Even if you don’t feel seriously hurt, adrenaline can mask injuries, and getting checked out by a medical professional is crucial for both your health and any future legal claims.

Step 2: Gather Evidence at the Scene

If it’s safe to do so, start gathering information about the accident. Try to remember and document:

  • The make, model, and color of the fleeing vehicle
  • Any part of the license plate number
  • The direction the vehicle was heading
  • The time and location of the accident
  • Weather and road conditions at the time of the crash

If there were any witnesses, ask for their names and contact information. Their statements could be valuable in identifying the at-fault driver.

Step 3: Take Photos and Videos

Use your phone to take pictures of the accident scene, including damage to your vehicle, any skid marks, debris, and traffic signals. If there are nearby businesses or homes with security cameras, they may have recorded the accident. Make note of any potential surveillance footage and request a copy as soon as possible.

Tips for Taking Photos During a Car Accident

Step 4: File a Police Report

Boca Police Department:

Address: 100 NW Boca Raton Blvd, Boca Raton, FL 33432

Phone: (561) 338-1234

A hit-and-run is a crime in Florida, and law enforcement takes these incidents seriously. Provide the police with all the details you’ve gathered. A police report will be crucial when filing an insurance claim or if the driver is later identified and charged.

Step 5: Notify Your Insurance Company

In Florida, your Personal Injury Protection (PIP) coverage should help cover your medical expenses, regardless of who was at fault. However, if the hit-and-run driver is not found, your Uninsured Motorist (UM) coverage (if you have it) can help cover additional damages such as lost wages and pain and suffering. Contact your insurance company as soon as possible to start the claims process.

Step 6: Seek Medical Attention

Even if you feel fine immediately after the accident, some injuries—such as whiplash, concussions, and internal bleeding—may not present symptoms right away. A doctor can diagnose hidden injuries and document them, which is important for your claim.

Step 7: Consult a Hit-and-Run Accident Attorney

Hit-and-run cases can be complex, and insurance companies may try to minimize payouts. An experienced Boca Raton hit-and-run attorney can help you:

  • Navigate your insurance claim and maximize your compensation
  • Investigate the accident and work with law enforcement to identify the at-fault driver
  • File a lawsuit if necessary to recover damages

At Kosto Injury Law, we understand the challenges hit-and-run victims face. We fight aggressively to ensure our clients receive the justice and compensation they deserve. If you’ve been injured in a hit-and-run accident in Boca Raton, contact us today for a free consultation.

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car accident injury attorney boca raton

The Importance of Documenting Evidence After a Car Accident

by BlogCar Accident InjuryHit and Run Accident Attorney

When you’re involved in a car accident, the aftermath can be overwhelming. However, one of the most critical steps you can take is to document evidence at the scene. This evidence can significantly strengthen your case if you need to file a personal injury claim. At Kosto Injury Law, we understand the importance of thorough documentation and are here to guide you through the process.

Documenting Evidence is Crucial During a Car Accident Case

Documenting evidence after a car accident is essential for several reasons:

  1. Strengthens Your Claim: Detailed evidence can help your car accident lawyer build a strong case, increasing your chances of receiving fair compensation.
  2. Preserves Details: Memories can fade over time, but documented evidence provides a clear and accurate record of what happened.
  3. Supports Insurance Claims: Insurance companies often require detailed evidence to process claims efficiently.

How to Document Evidence at the Scene

1. Take Photos
Photographs are one of the most powerful forms of evidence. Make sure to capture:

  • Vehicle Damage: Take close-up and wide-angle shots of all vehicles involved, including any damage.
  • Scene of the Accident: Photograph the entire scene from different angles, including skid marks, debris, and road conditions.
  • Injuries: If you or anyone else is injured, take photos of the injuries as soon as possible.

2. Gather Witness Statements
Witnesses can provide valuable insights into what happened. If there are any witnesses, ask for their contact information and a brief statement about what they saw. This can be crucial for your personal injury attorney to build a strong case.

3. Obtain Police Reports
If the police are called to the scene, they will create an official report. Make sure to get a copy of this report, as it can provide an objective account of the accident. If the police do not come to the scene, you can file a report at the nearest police station.

4. Collect Contact Information
Exchange contact and insurance information with all parties involved in the accident. This includes:

  • Names and Contact Information: Get the full names, phone numbers, and addresses of all drivers and passengers.
  • Insurance Information: Note down the insurance company names and policy numbers.
  • Vehicle Information: Record the make, model, and license plate numbers of all vehicles involved.

5. Keep a Record of Medical Treatment
If you seek medical attention, keep all records and receipts related to your treatment. This includes doctor’s notes, prescriptions, and any bills you receive. This documentation is crucial for your car accident lawyer to accurately assess the extent of your injuries and the associated costs.

Don’t Wait – Call us Now

Time is crucial after an auto accident. Documenting evidence after a car accident is a vital step that can significantly impact the outcome of your personal injury claim. At Kosto Injury Law, we serve clients in West Palm Beach, Boca Raton, Deerfield Beach, Delray Beach, and Port St. Lucie, FL. Our experienced team of car accident lawyers, truck accident lawyers, personal injury attorneys, slip and fall lawyers, and motorcycle accident lawyers is dedicated to helping you navigate the legal process and secure the compensation you deserve. If you’ve been involved in a car accident, don’t hesitate to contact Kosto Injury Law for a consultation. We’re here to help you every step of the way.

Slip and Fall Injury Lawyer

The Most Common Slip + Fall Injuries in South Florida

by BlogSlip And Fall Injury

Slip and fall accidents can happen anywhere, from grocery stores and restaurants to private residences and public spaces. These accidents can result in a wide range of injuries, some of which can be severe and life-altering. At Kosto Injury Law, we understand the impact these injuries can have on your life. Here, we’ll discuss the most common slip and fall injuries in South Florida and how a personal injury attorney can help you seek compensation.

Common Slip and Fall Injuries

  1. Soft Tissue Injuries

Soft tissue injuries, such as sprains, strains, and tears, are among the most common outcomes of slip and fall accidents. These injuries can affect muscles, ligaments, and tendons, causing pain, swelling, and limited mobility. While some soft tissue injuries heal with rest and physical therapy, others may require surgery and extensive rehabilitation.

  1. Head Injuries

Head injuries can range from minor concussions to severe traumatic brain injuries (TBIs). Symptoms of head injuries can include headaches, dizziness, confusion, and memory loss. In severe cases, head injuries can lead to long-term cognitive impairment and require ongoing medical care.

  1. Fractures and Broken Bones

Fractures and broken bones are common in slip and fall accidents, particularly among the elderly. Commonly affected areas include the wrists, arms, ankles, and hips. These injuries often require immediate medical attention and can result in lengthy recovery periods, including surgery and physical therapy.

  1. Spinal Cord Injuries

Spinal cord injuries can be devastating, leading to partial or complete paralysis. These injuries can occur when the spinal cord is damaged due to a fall, resulting in loss of sensation, mobility, and other bodily functions. Spinal cord injuries often require extensive medical treatment and long-term care.

  1. Cuts and Bruises

While cuts and bruises may seem minor, they can still be painful and require medical attention. Deep cuts may need stitches, and bruises can be indicative of more serious internal injuries. It’s important to seek medical evaluation even for seemingly minor injuries.

  1. Back and Neck Injuries

Back and neck injuries can result in chronic pain and limited mobility. These injuries can include herniated discs, spinal fractures, and whiplash. Treatment may involve pain management, physical therapy, and in some cases, surgery.

 

Best Primary Care Physicians and Family Medicine Doctors in Boca Raton, FL

 

How a Personal Injury Attorney Can Help

If you’ve been injured in a slip and fall accident, it’s crucial to seek legal representation from a personal injury attorney. At Kosto Injury Law, our experienced team of slip and fall lawyers can help you navigate the complex legal process and pursue the compensation you deserve. We serve clients in West Palm Beach, Boca Raton, Deerfield Beach, Delray Beach, and Port St. Lucie, FL.

Our personal injury attorneys will:

  • Investigate the Accident: We’ll gather evidence to determine the cause of the accident and identify any negligent parties.
  • Negotiate with Insurance Companies: We’ll handle communications with insurance companies to ensure you receive a fair settlement.
  • Represent You in Court: If necessary, we’ll represent you in court to fight for your rights and secure the compensation you need to cover medical expenses, lost wages, and pain and suffering.

 

Slip and Fall, Give Kosto a Call!

Slip and fall accidents can result in a wide range of injuries, from minor cuts and bruises to severe spinal cord injuries. If you’ve been injured in a slip and fall accident, it’s important to seek medical attention and legal representation as soon as possible. At Kosto Injury Law, our dedicated team of personal injury attorneys is here to help you every step of the way. Contact us today for a consultation and let us fight for the compensation you deserve.

 

 

 

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car accident attorney, hit and run attorney, boca raton fl

How to Choose the Right Car Accident Injury Lawyer in South Florida

by BlogCar Accident InjuryHit and Run Accident Attorney

Are you looking for the right car accident injury lawyer in South Florida? If so, you’re not alone. Every year, thousands of people suffer from car accidents in South Florida, and many of them experience severe physical and emotional trauma. When you’ve been injured in a car accident, it’s important to find an experienced, reputable lawyer who can help you get the compensation you deserve. In this article, we’ll discuss how to choose the right car accident injury lawyer in South Florida.

Do Your Research

The first step in choosing the right lawyer in South Florida is to do your research. Look for lawyers who specialize in car accident injury cases and have a proven track record of success. Check online reviews and ask your friends and family for recommendations. If you know anyone who has used a car accident lawyer in the past, that can be a great resource.

Know Your Rights

It’s also important to understand your rights and the types of compensation you may be entitled to. In Florida, car accident victims may be able to recover damages for medical bills, lost wages, pain and suffering, and other costs related to the accident. It’s important to understand these rights so that you can make sure your lawyer is taking all of them into account when negotiating a settlement.

Ask Questions

Before you hire a car accident injury lawyer in South Florida, it’s important to ask them questions and make sure they are the right fit for you. Some questions you should consider asking include:

-What experience do you have with car accident injury cases?

-How often do you take car accident injury cases to trial?

-Will you provide me with regular updates on the progress of my case?

-How do you determine your fees?

-What is your success rate with cases?

These questions will help you get a better understanding of the lawyer’s experience and qualifications and help you make the right decision.

Choose the Right Lawyer

When choosing the right lawyer in South Florida, it’s important to remember that not all lawyers are created equal. Make sure that you choose a lawyer who is experienced, knowledgeable, and passionate about helping car accident victims get the compensation they deserve.

At Kosto Injury Law, we understand the complexities of car accident injury cases and are dedicated to helping our clients get the best possible outcome. Our experienced team has a long track record of success and is committed to providing our clients with personalized attention and high-quality legal representation.

If you’ve been injured in a car accident, don’t hesitate to contact Kosto Injury Law. We’re here to help you get the compensation you deserve.

We Do Not Take Slip and Fall Cases

It’s important to note that car accident injury lawyers in South Florida do not typically specialize in slip and fall cases. While slip-and-fall cases may involve similar legal issues, the process of filing a claim for compensation can be very different. For this reason, it’s important to choose a lawyer who specializes in car accident injury cases.

At Kosto Injury Law, we specialize in car accident injury cases and have a long track record of success. Our experienced team is committed to helping our clients get the compensation they deserve. Contact us today to learn more about how we can help you.

Rideshare driver looking at passenger in back seat

Uber and Lyft Accidents: How Can You Get Compensation for Your Injuries?

by Blog

Depending on the conditions surrounding your accident, It is completely feasible to recover compensation after Uber and Lyft accidents. In the end, a court or an insurance adjuster will decide whether you are entitled to compensation for your uber accident injury.

An investigation will show that the rideshare business, individual drivers, product makers, or a mix of these parties are liable. In any event, if another party is found to be primarily responsible for your mishap, you may be granted penalties to compensate for your losses.

Damages Recoverable

The compensation you might get can be used to handle various difficulties that have arisen because of your crash. These could be short-term issues, such as car harm, or long-term issues, such as lasting bodily disabilities.

Other kinds of recoverable losses are as follows:

  • Medical bills
  • Property damage
  • Loss of life quality
  • Rehabilitation programs
  • Disfigurement and scarring
  • Lost wages
  • Mental anguish
  • Reduced earning capacity

If you are worried about not receiving compensation for your uber accident injury, a personal injury attorney from our company can assist you. We can assist you in documenting your injuries and calculating the total worth of your case.

Sharing Responsibility for a Rideshare Accident

Some victims are concerned that they will not be eligible for compensation following a rideshare crash because they were careless at the time of the accident. This is not always the case.

Some individuals, for instance, fail to fasten seatbelts while traveling in an Uber for short distances. While this is unquestionably risky conduct, it does not immediately disqualify you from getting compensation.

Comparative Negligence

Florida uses a law notion known as “comparative negligence” to assess liability in civil suits. According to this, you can still get compensation for your injuries if you have under 50% of the blame for the crash.

Consider the following hypothetical accident:

  • Brake failure was accountable for 20% of the crash
  • The rideshare drivers over speeding was responsible for 70% of the collision
  • Your inability to fasten a seatbelt was responsible for 10% of the accident

In this scenario, you can hold the other culpable parties, the rideshare driver and the brake maker, liable for 90% of your losses.

What Does Comparative Negligence Mean for Your Compensation?

Remember that any proportion of liability that you bear will be reflected in your compensation. Prior to the conclusion of the case, the judge will lower your settlement in relation to your share of liability.

If you hire an accident injury attorney, they will be able to help you determine all the variables that contributed to your crash. They can then represent you in court to help you get a reasonable settlement.

Understanding the Statute of Limitations for Filing Rideshare Crash Claims

When bringing a claim against a ridesharing business, you must move within a certain timeframe. Your case for a rideshare case must be submitted within two years after the incident. The court may dismiss your case if you don’t meet this deadline. Along with other services, a personal injury attorney can help you stay on top of this deadline while you concentrate on more essential matters.

As many victims discover, Uber and Lyft accidents frequently involve a complicated set of rules that can make taking civil action against the parties responsible for the accident difficult. Therefore, find an accident injury attorney to assist you. Contact Kosto Injury Law to make the process as smooth as feasible for you and your dear ones.

Bus accident on snowy road

How To File a Bus Accident Injury Claim

by Blog

Suffering an injury in a bus accident is one of the worst situations you can endure in Florida. If you choose to file a personal injury claim, you might not know where to start. There are special considerations that apply when you’re a passenger in a bus that gets into an accident. A personal injury lawyer can help you.

No-fault Laws Apply

One of the main reasons why suffering a bus accident injury and filing a claim is complex is due to Florida’s no-fault laws. This means that regardless of who is at fault for the accident your claim must be filed with your own auto insurance company. As part of your policy, you should have personal injury protection (PIP) coverage to cover the costs of your medical bills in the event of an accident that results in injury.

The only exception to this rule is if the bus accident caused you to suffer severe injuries or a permanent disability. In that situation, you can file your personal injury claim directly against the bus driver or bus company.

Notify Your Insurance Company

The first step in your personal injury claim is to notify your insurance company of the bus accident. However, it’s important to stick to the bare facts and avoid saying too much; just explain the accident itself and the nature of your injuries. Insurance companies often try to minimize your injuries to pay as little a settlement as possible. In some situations, you might want to have your personal injury attorney speak directly with an insurance adjuster on your behalf.

Gather Evidence to Support Your Claim

All accident injury claims need as much evidence as possible. This includes photos and videos of the accident scene as well as damages and your injuries, your medical records and medical bills, witness statements, and your recollections of the events. If you were unable to capture your own photos and videos of the accident, your personal injury attorney might be able to obtain them from cameras around the area where the bus accident occurred.

Keeping a journal related to your bus accident injury can also help strengthen your claim. Mention how your injuries have affected you physically and mentally on a daily basis. You may want to keep copies of your medical records in your journal to strengthen your claim.

File Within the Statute of Limitations

All accident injury claims must be filed within the appropriate statute of limitations. In Florida, this period of time is four years from the date of your bus accident. This applies when your claim is filed directly against the bus driver or bus company. However, if you are going through your own PIP coverage, you must also seek medical attention within 14 days of filing a claim with your auto insurance provider.

Failing to file within the appropriate time in either situation means that you may forfeit your right to recover compensation for your bus accident injuries. Your personal injury lawyer can help you prepare your claim and ensure that you file in a timely manner.
If you have suffered injuries in a bus accident in Florida, time is of the essence. Contact Kosto Injury Law at your earliest convenience to discuss your case.

Woman holding neck after car accident

How To Win Your Personal Injury Case and Get the Right Compensation

by Blog

One of the most devastating situations you can find yourself in is suffering a personal injury due to someone else’s negligence. Whether this manifests in a car accident, slip-and-fall, product liability or any other type of accident, you have the right to hold the at-fault party liable. These tips can help your Florida personal injury claim be successful and get you the best compensation possible.

Document the Scene

Documenting the scene of your accident is crucial and gives you a slew of evidence to back up your personal injury lawsuit. Taking photos from all angles that show property damage, how the accident occurred and your physical injuries are always helpful. For example, if you were involved in a car accident, you would want to capture photos of your vehicle and any others, the road and skid marks, traffic and weather conditions and anything else that’s pertinent. There may even be a traffic or security camera that captured the accident as it occurred. Make sure to follow up and see if this indeed exists as it can serve as additional evidence.

Additionally, you should keep a journal and jot down notes of the events leading up to, during and immediately after the accident while everything is still fresh in your mind. Your personal injury attorney can use your account to your advantage in your case.

Get Witness Information

In many cases, there are witnesses to accidents. They can provide vital information to help strengthen your personal injury case. If there are any at the scene, get their names, contact information and statements. You can record them speaking or ask them to write down what they saw during the accident. If necessary, your personal injury lawyer can later contact witnesses to clarify their statements or ask them additional questions.

Seek Medical Attention

No matter how you feel immediately after a car accident, slip-and-fall or any other type of accident that was not your fault, you must seek medical attention. Some injuries remain hidden for a period of time, but then symptoms gradually appear. Medical attention gives you the chance to receive a diagnosis and treatment. It can also allow you to mitigate the severity of your injury.

Getting medical attention also gives you crucial evidence for your case in the form of your medical records and medical bills. Your personal injury attorney can better assess an appropriate compensation amount you should receive based on how much you have spent out of pocket on your medical expenses as well as your other damages such as lost wages, property damage and pain and suffering.

Avoid Talking to Insurance Adjusters

If your injury case requires you to go through an insurance company to recover damages, an adjuster might contact you and ask questions. They might even ask if they can record your statement. Don’t fall for this tactic; if someone from the insurance company wants to learn more about your case, your personal injury lawyer should be the one to speak with them.

With the right steps taken, your personal injury lawsuit can be successful and you can recover satisfactory compensation. If you were injured due to someone else’s negligence, contact Kosto Injury law at your earliest convenience to discuss your case.

Man holding injured arm

What Are the Steps Involved in a Personal Injury Lawsuit?

by Blog

If you’re considering filing a personal injury lawsuit, you should learn more about the procedure beforehand. Every personal accident case is different, but there are certain common litigation milestones you may anticipate meeting after you decide to bring a personal injury claim.

First Consultation

Your personal injury lawyer will meet with you at the initial appointment to examine the specifics of your personal accident case and answer any concerns you may have. After your initial session, your injury lawyer should give you an evaluation of your personal injury case and advise you on how to proceed depending on your individual requirements.

Investigation

Your personal injury attorney should investigate the details and circumstances surrounding your personal injury case. This investigation will frequently include the following:

• Documenting the crime scene

• Obtaining the accident reports

• Identifying all potential parties at blame and filing claims with their insurers

• Documenting medical bills and paperwork related to treatment for accident-related injuries

Treatment

While your personal injury lawyer is conducting the investigation and filing compensation claims, you should concentrate on recuperating from your injuries. To make a complete recovery and achieve maximal medical improvement, it is critical to adhere to your doctor’s advised course of therapy. 

While you are being treated, it is generally beneficial to keep a log of the hospitals and doctors you see, the out-of-pocket payments you spend, and the dates you were required to leave work to get treatment. This will ensure that your lawyer accounts for all potential damages and includes them in the Demand.

Demand Package

This explains the account of your personal accident case, including how the injuries happened, responsibility theory, and settlement demand. When your demand package is ready, your attorney will go through it with you to verify it is comprehensive. The demand is then forwarded to the insurance provider of the party to blame for your injuries, who will analyze it and determine the worth of your claim.

Negotiations

The insurance provider will usually respond with a settlement offer after reviewing the demand package. Your accident lawyer will tell you as soon as a settlement offer is made and will explore the many alternatives available to you based on their knowledge and experience dealing with hundreds of previous personal injury cases. However, you must eventually choose whether to take their offer, issue a counter-demand, or initiate a lawsuit.

Settlement

If your lawyer is able to reach a deal with the insurance company that fully and appropriately pays you for the injuries sustained, they will draft a settlement agreement explaining the details of the arrangement. Before signing the settlement deal, your lawyer should create a settlement memo detailing how the money will be distributed. While most personal accident cases may be successfully handled, a personal injury lawsuit may be necessary when insurance companies fail to recognize the full extent of your injuries.

Litigation

If negotiations with the at-fault party stall and your lawyer cannot come to a settlement agreement, the next step is normally to file a lawsuit, present your claim for injuries to a jury, and obtain a verdict against those responsible for your injuries.

Discussing your claim with a personal injury attorney might help you identify your legal alternatives. Your attorney will walk you through the claim process and inform you at every stage. Contact Kosto Injury Law to learn more about filing a personal accident claim.

Car crashed into back end of another car

A Step-by-Step Guide To File a Car Accident Lawsuit

by Blog

After a car accident, you need to contact the responsible party’s insurer to file a claim. While the process may go smoothly and quickly, you may also need to hire a personal injury attorney. Working with an attorney is the best option if the other driver does not have insurance or the insurer tries to settle for less than you want. A car accident lawyer will help you during each step in the process of filing a lawsuit.

Collect Evidence

Before you talk to an accident injury attorney, collect as much evidence as possible. Look for evidence that proves you were not responsible for the incident. If the police came to the scene, contact the department and ask for a copy of the police report they filed. This report should include statements from each witness who was at the scene. You may also find video footage of the accident. Gather evidence of the expenses you face as well. You need to show your attorney that you received hospital bills after the accident or that you lost wages as you were unable to work.

Talk to a Lawyer

Once you gather your evidence, talk to a car accident lawyer. Many lawyers offer free consultations that save you time and money. This allows you to talk to an expert and find out if you have a case. You can also find out if you need any other evidence and get an idea of how long the lawsuit will take. The lawyer will attempt to negotiate with the driver’s insurer on your behalf. They will often ask for a specific amount and then haggle with the insurance company to get as much money as possible. Only if they can’t reach an agreement will your personal injury attorney recommend that you file a lawsuit.

File the Lawsuit

When you file a lawsuit, your attorney will file in court and notify both the responsible driver and their insurer. This shows all parties that the lawsuit is moving forward. In some cases, the insurer will decide to negotiate to avoid court costs. The court will ask both sides to gather any evidence they plan to present during the trial. Both sides then have the chance to view that evidence. 

Most states have a cap on how much you can ask for in your lawsuit. You need to show proof of any money you lost as well as any money you paid out. Lost funds may include the time that you took off from work and any future earnings you’ll lose as a result of the accident. The money you paid out includes any funds you used to repair or replace your car as well as medical bills your insurance covered.

Get Help With an Accident Lawsuit

You need help when you file a car accident lawsuit. An accident injury attorney can help you work through each step in the process, which includes finding your evidence and filing in court. Contact Kosto Injury Law as soon as possible after a car accident.