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 was 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 secure 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 win.

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

How Do Personal Injury Lawsuits Work?

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 who 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.

Most personal injury cases are based on negligence. By filing a lawsuit, you are alleging that the defendant’s negligent conduct led to an accident in which you sustained injuries. 

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 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 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 you sustained losses, such as physical injuries or property damage, because of the accident. 

Personal Injury Cases Our Firm Handles

Our firm is prepared to handle a wide range of personal injury matters. We are happy to review the circumstances of your accident, ascertain liability, determine whether you have a 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?

You should always get legal advice as soon as you can after suffering injuries in any kind of accident. You will be unable to recover any compensation if you wait too long to take legal action.

In Florida, you generally have four 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 have two years from the date of the victim’s passing to bring a wrongful death claim on their behalf. 

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

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

In some accidents, fault is clear and straightforward. One party was doing everything right, while the other party’s negligence led to a tragic, avoidable outcome. In other cases, the blame may be less clear. Both parties may have been doing something that was arguably reckless or careless at the time of the 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 to 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. 

Lusk, Drasites & Tolisano can offer tailored advice and support if you are concerned about partial liability. If we believe we can help, we will make every effort to maximize what you recover. 

At our firm, winning is no accident. Contact us online or call (239) 908-4930 to explore your recovery options with our team.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We offer Free Consultations, and work on Contingency Fees for Personal Injury cases. This means we ask for nothing from you until your injury case is concluded.
  • Prioritizing Your Experience

    As a member of our community, we want to put your needs first, far ahead of the bottom line. We treat our clients like people, and never just like cases. 

  • In Practice Since 1982
    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

Client Testimonials

  • "Answering all my questions and making me feel very important."
    Shannon D.
  • "Highly recommend."
    Rebecca M.
  • "There isn't enough stars for me to give."
    Lynn E.

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