Fort Myers Personal Injury Attorneys

Representing Personal Injury Victims in Cape Coral and Naples

A serious accident can upend your life. Suddenly, you may be forced to deal with mounting medical bills and other out-of-pocket expenses. If your injuries are severe, you may be temporarily or even permanently unable to return to your job. Worse still, the accident may leave you irrevocably changed and unable to enjoy life the way you once did. When an accident is caused by another person’s negligence, you deserve to recover compensation for all of these losses.

Lusk, Drasites & Tolisano has over 40 years of experience representing personal injury victims in our community. We recognize that our clients come to us in their hours of need, which is why we treat them like people, not cases. Our Fort Myers personal injury lawyers are invested in getting you the best possible result, and we will leverage the full extent of our resources to seek the compensation you are entitled to under the law. No matter the complexity of your circumstances, we are confident we can provide the compassionate, capable representation needed to pursue a successful outcome.

You owe no legal fees unless we win, so call (239) 908-4930 or contact us online to schedule a free initial consultation today with our personal injury attorney in Fort Myers. Se habla español.

How Do Personal Injury Lawsuits Work in Fort Myers?

When you are injured in an accident that was not your fault, there is a good chance you may have a case against the person or organization that was responsible for the incident. For example, if a distracted driver collided with your car and you were following all traffic rules at the time of the crash, the other driver is likely liable for your injuries. This means that you can sue the responsible party and potentially get compensation for all of your accident-related losses.

To win a personal injury lawsuit, you must prove the following elements:

• The defendant owed you a duty of care. There are many scenarios where someone owes another person a duty of care. You owe other drivers and pedestrians a duty of care whenever you get behind the wheel, for example. 
• The defendant breached that duty of care. You must show that the defendant did something negligent or reckless that violated their duty of care to you. In other words, you must demonstrate that they did something that a reasonable person would not have done if placed in the same situation. 
• The breach caused the accident. Then, you must establish that the defendant’s breach – their negligent conduct – resulted in an accident. For example, you could show that a driver’s failure to signal when changing lanes led to an otherwise avoidable collision.
• You suffered damages as a direct result of the accident. Finally, you must show that you sustained losses, such as physical injuries or property damage, because of the accident. 

After these elements are met, a typical personal injury case in Fort Myers may involve steps such as:

• Initial consultation and investigation. You meet with an attorney, review what happened, and the legal team gathers medical records, police reports, photographs, and witness statements.
• Claim filing and insurance communications. A formal claim is submitted to the at-fault party’s insurer, and your attorney handles calls, letters, and requests for information on your behalf.
• Settlement negotiations. Once your injuries and losses are documented, your lawyer presents a demand and negotiates with the insurer to try to reach a fair resolution.
• Litigation, if needed. If a fair agreement cannot be reached, a lawsuit may be filed in the appropriate Lee County court, leading to discovery, mediation, and possibly a trial.

Once these elements are met, a case typically moves through several stages, from the initial investigation to negotiations and, if needed, trial. We usually begin by gathering medical records, police reports, photographs, and witness statements. Insurance companies may conduct their own review, so having a legal team collect and organize evidence early can make a significant difference in how your claim is evaluated.

Personal Injury Cases Our Firm Handles

Our firm handles a wide range of personal injury cases. We are ready to review your accident circumstances, identify who might be liable, determine if you have a valid case, and walk you through how we can help.

Our Fort Myers personal injury attorneys can represent you in claims involving:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Boating accidents
• Cruise ship accidents
• Product liability
• Premises liability
• Dog bites
• Nursing home negligence
• Wrongful death

How Long Do I Have to File a Personal Injury Lawsuit in Florida?

In Florida, you generally have two years from the date of an accident to file a personal injury lawsuit against a liable party. If someone dies as the result of an accident, qualifying survivors generally have two years from the date of the victim’s passing to bring a wrongful death claim on their behalf.  

Several key points can help you understand how these time limits work:

• Different rules for some defendants. Claims involving government entities or public agencies can have shorter notice requirements and special procedures.
• Impact of when injuries are discovered. In limited situations, such as certain medical cases, the period may depend on when the injury was reasonably discovered.
• Separate deadlines for related claims. Wrongful death and survival actions can follow different timelines than a standard injury claim.
• Consequences of missing the deadline. Filing after the statute of limitations expires usually leads to dismissal of the case, regardless of its merits.

There are some circumstances where the deadline can be shorter or longer, depending on the facts of your case. Claims involving government entities, for example, often require special notices and have additional timing rules that can affect when a lawsuit must be filed in the appropriate Lee County or Collier County court. Because of these differences, we encourage you to speak with a Fort Myers personal injury attorney promptly so we can review your situation, identify the correct deadline, and take steps to protect your rights before time runs out.

What Damages Can I Recover in a Florida Personal Injury Lawsuit?

The goal of a personal injury lawsuit is to make the victim “whole.” In other words, the compensation resulting from the legal action should put the victim in the financial position they were in prior to the accident. The reality is that some consequences of serious injuries cannot be easily quantified, which is why victims are allowed to potentially recover both economic and non-economic damages. Economic damages are calculable, while non-economic damages do not have a dollar amount associated with them but nonetheless call for compensation.

Our Cape Coral personal injury lawyers will fight to recover all economic and non-economic damages, including:

• Past, current, and future medical expenses
• Lost wages
• Lost earning capacity
• Property damage
• Emotional distress
• Pain and suffering
• Loss of consortium
• Loss of enjoyment of life

When evaluating damages in a personal injury case, important considerations often include:

• The severity and permanence of your injuries. Long-term or disabling conditions can increase the value of future medical care and lost earning capacity.
• The impact on your ability to work. Time away from a job in Fort Myers or reduced hours can support claims for lost income and future losses.
• Changes to your daily life. Inability to participate in family activities, hobbies, or community events can support non-economic damages.
• Need for ongoing support. Home modifications, assistive devices, or in-home care can be factored into a comprehensive demand for compensation.

Can I File a Personal Injury Lawsuit in Florida If I Was Partially Responsible for an Accident?

If you know you were partially to blame for an accident, you may still be able to get some compensation for your injuries. Florida operates under comparative negligence rules, which allow victims to recover a portion of their damages commensurate with their level of fault. In a lawsuit, the court will decide your level of responsibility (and the responsibility of the defendant). You will be assigned a percentage of fault that will determine how much you can recover. If you were 45% responsible for an accident and your damages total $100,000, for example, you would still recover $55,000. 

When partial fault is involved, key factors that may affect your recovery include:

• Your specific actions before the accident. Speeding, distraction, or other conduct may be weighed against the defendant’s behavior.
• The strength of the evidence. Photographs, witness statements, and expert analysis can help clarify how responsibility should be divided.
• The number of parties involved. Multi-vehicle crashes or incidents with businesses and property owners can lead to several defendants sharing fault.
• How insurers apply comparative negligence. Insurance companies may try to increase your percentage of blame to reduce what they pay, which makes careful review important.

Frequently Asked Questions

What Should I Do If the Insurance Company Contacts Me After an Accident?

Refer all insurance company communications to your attorney before you respond. Providing statements or answering questions on your own may negatively impact your claim.

How Long Does a Personal Injury Case Take?

Every case is unique, but many personal injury claims in Fort Myers take several months to more than a year to resolve. Complex cases or those with serious injuries may take even longer.

Do I Need Medical Treatment If I Feel Okay After an Accident?

You should seek medical care after any accident, even if you have no immediate symptoms. Some injuries do not appear right away, and having a medical record supports your claim.

Contact Our Personal Injury Attorney in Fort Myers Today

If you have been injured due to someone else’s negligence in Fort Myers, you need a trusted advocate on your side. Our Fort Myers personal injury lawyers are dedicated to helping you pursue the compensation you deserve for medical expenses, lost income, pain and suffering, and more. We handle every case with personalized attention and work tirelessly to protect your rights. Contact us today for a consultation so we can guide you through the process and help you move forward.

Contact us online or call (239) 908-4930 to explore your recovery options with our Fort Myers personal injury lawyer.