Careless behavior injures numerous people each day and, in many instances, injuries not only cause significant pain but also result in astronomical medical bills and lost wages. Typically, people injured in accidents caused by reckless acts have the right to pursue damages from the parties that caused their harm, and anyone injured in an accident should speak with an attorney regarding what recourse may be available. The dedicated personal injury attorneys of Lusk, Drasites & Tolisano, P.A. are well-versed in what it takes to prove liability for negligence, and if you were injured in an accident, we will advocate aggressively on your behalf to help you seek any compensation you may be owed under the law. We regularly represent parties in personal injury lawsuits and other matters in Cape Coral.
People have a responsibility to act with reasonable care. When not all people uphold their responsibilities, their careless behavior can cause accidents that result in bodily injuries. Thus, many people injured in accidents pursue claims against the party that caused the accident in personal injury lawsuits. In most cases, a plaintiff in a personal injury lawsuit must prove that the defendant acted negligently. In other words, the plaintiff must show that the defendant had a duty under the law to comply with a certain standard of conduct, but the defendant acted in a manner that constitutes a breach of the duty. Lastly, the plaintiff must show that the breach caused him or her actual harm.
Car accidents frequently occur throughout Southwest Florida, but that does not mean they are unavoidable. Instead, in most instances, car accidents are caused by careless driving. Car accidents may also be brought about by defective vehicles, unsafe roadways, or a combination of factors. Regardless of the exact cause of a car accident, a person injured in an accident may be able to recover compensation if he or she can prove another party negligently caused the accident. Our Cape Coral personal injury lawyers can explain what damages may be recoverable in your case, which may include medical bills, compensation for lost wages, and money for the pain and suffering caused by the accident.Truck Accidents
Commercial trucks present a greater risk of harm than other vehicles in part due to their immense size and weight. As such, a separate set of regulations govern commercial truck drivers to ensure the safety of other motorists and passengers. When commercial truck drivers deviate from the obligations imposed by the regulations, it can have devastating consequences. Specifically, when truck drivers fail to adhere to drive time restrictions, truck weight limits or otherwise fail to drive in a safe manner, it often results in an accident that causes catastrophic and widespread injuries. Often, truck drivers operate their trucks on behalf of trucking companies, so a person injured in a trucking accident may be able to pursue claims against both the truck driver and the company that employs the driver.Motorcycle Accidents
Motorcyclists often enjoy the freedom and exhilaration that comes with riding a motorcycle. Unfortunately, motorcyclists are more likely to be involved in accidents than other motorists. Motorcycle accidents often occur because other drivers follow too closely behind motorcycles and strike them from behind or turn left in front of a motorcycle without adequate clearance. Motorcycle accidents often result in serious injuries such as fractures, lacerations, organ damage, and brain damage. In some cases, a driver that causes a motorcycle accident will argue that an injured motorcyclist is at fault for the accident and therefore, should not be awarded damages. In Florida, though, even if a plaintiff is partially responsible for his or her own harm, he or she may still recover compensation. A personal injury lawyer in Cape Coral can help riders protect their right to all the compensation to which they may be entitled.Premises Liability
Slip and fall and trip and fall accidents are common causes of injuries, as are accidents caused by other dangerous conditions on a premises. Whether a person that owns or possesses a premises will be held liable for harm caused by a dangerous condition depends in part on whether the person injured was a licensee, invitee, or trespasser, and whether the person that owns or possesses the premises knew or should have known of the dangerous condition or created the condition. Many of the dangerous conditions that cause accidents on a property, such as liquid or debris on a floor or an improperly secured product on a shelf, are transient. Thus, in many premises liability cases, the injured party will have to rely on eyewitness statements and circumstantial evidence to prove liability.Nursing Home Negligence
A significant portion of people in Florida are older, and many Florida residents entrust the care of elderly family members to nursing homes. Nursing homes are expected and required to provide thorough and attentive care, but in many instances, the care provided falls short, resulting in injuries, illnesses, suffering, and pain. Nursing homes that fail to provide competent care should be held liable for any harm caused by their negligence. Frequently, however, nursing homes will argue that the damages suffered by a resident were caused by a pre-existing condition. Our Cape Coral personal injury attorneys seek to hold negligent nursing home operators liable by investigating each case, developing discovery and securing the expert witness testimony needed to prove liability.Family Law
Changing or defining familial relations may be a complex process, not only emotionally, but legally as well. To facilitate the resolution of family law matters, the Florida legislature defined each party’s rights and obligations in the Florida Statutes. Specifically, the laws explicitly define who may seek a divorce and on what basis, how property should be divided in a divorce, how child support should be calculated, and who may seek custody or visitation of a child. Deviations from the standard rules are permitted in some cases where warranted under the circumstances.Estate Planning
Estate planning is an essential task that many people, unfortunately, avoid until it is too late. It is prudent, however, for all people to consider what steps they can take to ensure their wishes are carried out if they become incapacitated or pass away. Specifically, many people benefit from a will, which is a document that allows people to delineate how their property will be disbursed if they die, or a living will, which allows people to dictate what healthcare treatment they should receive if they are incapacitated or no longer able to communicate their wishes. Both wills and living wills must be in writing and signed in the presence of two adult witnesses. Additionally, for a will or living will to be valid, the person signing must be a competent adult.Real Estate
Real estate transactions typically move quickly, and if they are not handled properly, it can be costly down the line. If you wish to buy, sell, or rent real estate, it is prudent to consult an attorney to assist you with the process to help you protect your rights. An attorney can check the title of the property you wish to buy to make sure there are no defects in the title and can advise you of what provisions should be included in any sales or rental agreement. An attorney can also assist you in negotiating the sales price for a Naples real estate transaction, to help you seek your desired result.Landlord-Tenant
Owning rental properties can be a lucrative business, but it is not without issue. When tenants refuse to pay rent or vacate the premises, they can cause financial distress that can be costly to remedy. Florida law provides solutions for landlords who are treated unjustly by their tenants. Specifically, Florida allows landlords to seek possession of a rental unit if a tenant fails to vacate after a lease is terminated. An experienced landlord-tenant lawyer can help you comply with the proper procedures in seeking possession of your property while minimizing delays and avoiding penalties. We also help landlords recover non-payment of rent through the courts.Employment Law
Employees have the right to earn a fair wage in a work environment that is free from harassment or discrimination. Sadly, however, many employees are denied overtime wages and are subject to hostile work environments. Employees can seek recourse under state and federal law for any wage violations or discrimination that occurs in the workplace. Specifically, the Florida Civil Rights Act and Title VII of the Civil Rights Act of 1964 protect many employees from discriminatory acts while Florida wage laws and the Fair Labor Standards Act protects employees from being underpaid.Business Law
Business relationships often fall apart, leading to contentious arguments. Many business disputes arise out of an alleged breach of contract. Under Florida law, to prove a breach of contract, the party alleging the breach must establish the existence of a valid contract, a failure of the other party bound by the contract to comply with the material terms of the contract, and harm resulting from the breach. Other business disputes include disagreements over intellectual property rights and violations of non-compete and non-disclosure agreements.Criminal Defense and DUI
Criminal defendants often feel as if they are powerless to protect their rights, but the State faces a high burden of proof in criminal matters. Specifically, the State must show that the defendant committed each element of an alleged crime beyond a reasonable doubt. Further, in many instances, a defendant may be able to preclude any evidence discovered in the course of an investigation. For example, if the police did not have reasonable suspicion that a crime was being committed prior to effectuating a traffic stop that led to a DUI charge, any evidence obtained during the stop may be deemed inadmissible.Speak to a Trusted Florida Attorney
If you suffered harm in an accident, speak with an attorney regarding what measures may be available to protect your interests. Our trusted personal injury attorneys serve people in Cape Coral, as well as in Naples and Fort Myers. Lusk, Drasites & Tolisano also assists parties with other legal issues, such as landlord-tenant disputes, criminal defense, and employment and business law matters. You can reach us at our offices in Cape Coral, Naples, or Fort Myers by calling 800-283-7442 or through our online form to schedule a confidential and free consultation to discuss your legal needs.
Lusk, Drasites & Tolisano, P.A. was formed in 1982 with the goal of representing the interests of our local community first and foremost. At the time of its formation, there were few lawyers in the area and even fewer that were willing to go up against the large corporations and out-of-town law firms that were muscling their way in. Lusk, Drasites & Tolisano stepped up to represent the local individuals that were wronged as well as the local businesses and charities that were being unfairly targeted.
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