The car accident lawyers at Lusk, Drasites, & Tolisano are committed to asserting the rights of individuals who have been hurt as a result of someone else’s careless or reckless behavior.
Our car accident lawyers have served victims throughout Southwest Florida for over 30 years. We are ready to help you pursue the compensation you need after a car accident. Continue reading to learn more!
Florida Car Accident Attorneys
Distracted driving, speeding, and failing to obey road signs and speed limits are some of the most common causes of highway crashes. These are all examples of negligence, the theory under which most car accident claims are made.
Filing a Negligence Lawsuit
In order to be successful in a negligence lawsuit, a person seeking damages must prove duty, breach, causation, and damages. To start, it is generally accepted that every Florida driver has the duty to operate his or her vehicle using reasonable care. Once this step has been passed, a victim must then prove that the defendant failed to comply with his or her legal obligation. This is called a breach.
An injured person also must show that the careless conduct constituting the breach directly caused his or her harm. Finally, quantifiable damages flowing from the accident must be identified. These can be either economic or non-economic forms of harm, ranging from missed wages and hospital bills to pain and suffering.
An issue that might arise in a car accident case is the concept of comparative fault. This means that any responsibility for the crash that is assigned to a victim will proportionately reduce the damages that he or she may be awarded. For example, if a jury determines that you are 10% at fault for an accident, while the other driver is 90% at fault, you can still recover compensation. However, the award will simply be reduced by 10%.
If you have been in an accident involving another vehicle and are being partially blamed, it is important to retain a car accident attorney who can scrutinize the facts and work to obtain the most favorable outcome in your case.
Statute of Limitations for Car Accidents
It is easy to delay filing a claim after a crash. You may be suffering from injuries, dealing with insurance companies, or simply trying to return to your normal life. In Florida, however, there are statutes of limitations, which are laws setting deadlines for filing suit.
You have 4 years to bring a negligence claim, starting from the date of the car accident. While this may seem like more than enough time, it is never too early to begin gathering evidence and investigating the facts of your case.
Complying with Florida Insurance Laws
If you have been hurt in a car accident, your own insurance will initially cover your medical expenses and lost wages. These benefits are generally called Personal Injury Protection (PIP) and are legally required for any Florida driver. PIP benefits provide no-fault coverage because your personal policy pays, regardless of who is at fault.
Following recent changes in the Florida law, however, victims must be careful to follow all of its specific provisions in order to avoid losing compensation. The most important obligation under the new rule is that an injured individual must seek licensed medical treatment within 14 days from the date of the accident. If someone fails to abide by these laws, he or she loses the right to PIP benefits.
Types of Claims We Handle
Our Legal Team
If you have been harmed in a car accident near Cape Coral, Fort Myers, or Naples, you should contact the Florida car accident attorneys at Lusk, Drasites, & Tolisano to find out if you may have a claim. We can help uncover the details of what happened in your car accident and discuss your legal options with you. To speak with a car accident attorney at no initial cost or obligation, call us toll free at (800) 283-7442.