Fort Myers is a city situated in Lee County, Florida that is home to over 60,000 people. Residents and visitors to the city can enjoy a host of attractions, including beaches, country clubs, a railroad museum, the River District, and the Florida Repertory Theatre. As with any other city, however, individuals there can sustain many types of injuries, such as slip and falls, motor vehicle collisions, and incidents of medical malpractice. If you or someone you know was hurt in the Fort Myers area due to the negligence of someone else, you should seek the help of the experienced injury lawyers at Lusk, Drasites & Tolisano. We can explain your legal options and advocate tenaciously for your right to compensation.Seeking Compensation Through a Negligence Claim
Dealing with the aftermath of an accident can be extremely burdensome. Depending on the nature of the injury, it can interfere with a person’s daily activities. Under Florida law, someone who has been hurt due to the careless actions of another individual or entity may be able to seek compensation for the costs and losses arising from his or her harm. Compensation often can be sought for medical expenses, lost wages and benefits, pain and suffering, property damage, emotional distress, and more. While money cannot undo the harm you have suffered, it can help pay some of the bills that accumulate after an accident.
To assert the right to compensation, a victim usually needs to establish the elements of negligence. The defendant, or party being sued, must have owed the injured individual a duty to use reasonable care. This duty must have been violated through some careless action or failure to act, and that breach must have led directly to the accident in which the victim was hurt. Finally, the individual bringing the claim must be able to identify actual damages, whether economic or non-economic, that he or she incurred.
In some tragic cases, the injuries sustained by the victim are so serious that they result in death, either at the time of the accident or some time later because of ensuing medical issues. Under Florida law, a decedent’s survivors can bring a claim for damages against any at-fault party. Wrongful death damages often extend from forms of compensation available in ordinary negligence cases to burial and funeral expenses, loss of companionship, and other damages based on the relationship between the person bringing the claim and the accident victim.
Defendants sometimes will argue that an injured individual was at least partly responsible for causing his or her own harm. While this can reduce the amount of damages awarded to the victim, it does not eliminate them entirely unless he or she was completely at fault. Florida uses a pure comparative negligence rule, which allows an injured person to recover damages from any person or entity that is found to be responsible for the accident to any extent. The compensation award is proportionate to the percentage of that party’s fault.Explore Your Options After an Accident with a Fort Myers Lawyer
The experienced car accident attorneys at Lusk, Drasites & Tolisano have helped numerous individuals from Fort Myers and throughout other communities in Lee and Collier Counties. We can investigate the specific details of your case and craft a strategy tailored to your situation. To speak with one of our attorneys at no cost or obligation to you, call us toll-free at (800) 283-7442 or contact us through our online form today.