Fort Myers Car Accident Attorneys

Fighting For Car Accident Victims in Florida

Getting into a car accident can be a highly traumatic event, leaving you with seemingly insurmountable bills and ongoing pain, only made worse when the accident was not your fault. You may be entitled to compensation for the injuries and financial burden an accident has caused, and our experienced—yet compassionate—car accident attorneys can help you pursue a personal injury claim against the responsible driver.

At Lusk, Drasites & Tolisano, we understand how life-changing a car accident can be. If you or a loved one has been injured in a car accident in Fort Myers, FL, our dedicated legal team is here to help you pursue the compensation you deserve. 

To schedule a free consultation, call (239) 908-4930 or contact us online today to get started with our car accident lawyer in Fort Myers.

Common Causes of Car Accidents 

Car accidents in Fort Myers can happen for various reasons. While some are unavoidable, many are caused by human negligence. Common causes include:

• Distracted Driving: Texting, talking on the phone, eating, or using in-car entertainment systems can divert a driver’s attention from the road.
• Speeding: Driving above the speed limit reduces reaction time and increases the severity of collisions.
• Driving Under the Influence: Alcohol or drug impairment is a leading cause of serious and fatal accidents.
• Reckless Driving: Aggressive maneuvers such as tailgating, weaving between lanes, or running red lights can lead to devastating accidents.
• Poor Weather Conditions: Rain, fog, or slippery roads can create hazardous driving conditions, particularly when drivers fail to adjust their speed.
• Vehicle Defects: Malfunctions such as brake failure or tire blowouts can also contribute to accidents.

If you have been involved in an accident caused by any of these factors, it’s essential to consult with an experienced Fort Myers auto accident lawyer who can investigate the circumstances and build a strong claim on your behalf. Our legal team can offer support throughout the legal process, ensuring that you are equipped with the necessary information to make well-informed decisions.

Florida Car Accident Laws

Florida’s car accident laws are designed to provide protection and guidelines for injured parties. One of the most significant aspects of these laws is the no-fault insurance system. Under this system, your own Personal Injury Protection (PIP) insurance covers your medical expenses and a portion of your lost wages, regardless of who caused the accident. This allows for quicker access to compensation for immediate needs.

However, there are circumstances where you can step outside the no-fault system and file a claim directly against the at-fault driver. If your injuries meet the “serious injury” threshold—which typically includes significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death—you may pursue a personal injury claim.

Florida also follows a pure comparative negligence rule. This means that even if you share some fault for the accident, you can still recover compensation. However, your total award will be reduced by your percentage of fault. For example, if you are found 20% at fault for the accident, your compensation will be reduced by 20%.

Finally, it’s important to act within Florida’s statute of limitations. You have four years from the date of the accident to file a personal injury lawsuit. Failing to file within this period can result in losing your right to seek compensation.

Do I Need to Hire an Auto Accident Attorney in Fort Myers?

While Florida’s no-fault insurance laws allow you to file a claim with your insurance company, recovering the full compensation you deserve often requires legal expertise. Here’s why you should consider hiring a car accident attorney:

• Negotiating with Insurance Companies: Insurance companies prioritize their bottom line and may offer settlements that do not reflect the full extent of your damages. An attorney can negotiate on your behalf to ensure a fair outcome.
• Proving Fault: In some cases, determining liability is essential to recovering compensation beyond your PIP coverage. A lawyer can investigate the accident, gather evidence, and establish fault.
• Calculating Damages: An attorney can help you assess the total value of your claim, including medical expenses, lost wages, property damage, and pain and suffering.
• Litigation Support: If your claim goes to court, having an experienced lawyer by your side can significantly improve your chances of success.

At Lusk, Drasites & Tolisano, we are committed to handling the legal complexities of your claim so you can focus on recovery. Our attorneys provide comprehensive support, from initial consultation to the resolution of your case, enabling you to concentrate on healing and moving forward.

Frequently Asked Questions About Car Accidents

What Should I Do Immediately After a Car Accident?

Immediately following a car accident, ensuring everyone's safety and seeking medical attention for any injuries is critical. Once you have determined the safety of all parties involved, contact local law enforcement to report the accident. Document the accident scene by taking photographs of vehicle damage, road conditions, and any visible injuries. If there are witnesses, collect their contact information as their statements could support your claim. Do not admit fault or make any statements to the other driver that could be interpreted as admitting liability.

Next, notify your insurance company about the accident, but refrain from giving a recorded statement until you have spoken with a lawyer. It's important to document all accident-related expenses, including medical bills and repair receipts, as these will be needed for your personal injury claim. Consulting with an experienced auto accident attorney in Fort Myers at Lusk, Drasites & Tolisano can help you navigate the legal complexities and protect your rights.

How Is Fault Determined in a Florida Car Accident?

The fault in a Florida car accident is determined through a comprehensive review of all available evidence, such as police reports, witness statements, and accident scene photographs. Florida’s pure comparative negligence rule means that each party can be assigned a percentage of fault, and even if you are partially responsible for the accident, you may still be eligible to recover damages. However, the compensation will be adjusted according to your degree of fault.

Insurance adjusters and attorneys will evaluate the circumstances of the accident, including factors like vehicle speed, adherence to traffic signals, and driver attentiveness. Expert testimony or accident reconstruction might be utilized in complicated cases to establish liability more clearly. At Lusk, Drasites & Tolisano, our attorneys are skilled at investigating and securing evidence to support our clients’ positions, striving for a fair assessment of fault.

Can I File a Claim If I Wasn't Hurt in the Car Accident?

Yes, you can file a claim even if you weren’t physically harmed in a car accident, as property damage claims are separate from personal injury claims. These claims involve seeking compensation for repairs or replacement of your vehicle and may also cover rental car expenses during the repair period. Document all property damage by taking detailed photographs and obtaining repair estimates to support your claim.

Communicating with your insurance provider about filing a property damage claim is advisable. In some cases, legal assistance might be needed if disputes arise regarding the assessment of damages or the settlement amount offered. Our firm, Lusk, Drasites & Tolisano, can guide you through the process, negotiate on your behalf, and ensure all entitled compensation is pursued.

What Types of Compensation Can I Claim After a Car Accident?

After a car accident, you may be eligible for various types of compensation, depending on the specifics of the incident. These include medical expenses for emergency care, surgeries, and ongoing treatments. Lost wages due to your inability to work and projected future earnings might also be recovered. Additionally, you may pursue damages for property damage, including vehicle repair or replacement costs.

Compensation for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life is also possible, particularly in cases involving significant injuries. Compensation calculations consider current and future impacts on your life, emphasizing the importance of having an attorney who can accurately estimate and advocate for your rightful compensation. At Lusk, Drasites & Tolisano, our priority is to maximize your recovery, ensuring you receive the full range of damages applicable to your situation.

Contact Our Car Accident Lawyer in Fort Myers Today

If you have been injured in an auto accident, don’t wait to seek the legal help you deserve. Our Fort Myers car accident lawyers are ready to fight for your rights and help you seek the settlement you will need for medical fees, lost earnings, and other damages. Contact us today to schedule a free, no-obligation consultation and learn how we can support you through every step of the legal process. Let us take the legal burden while you focus on healing.

Contact us today at (239) 908-4930 to let our Fort Myers car accident attorneys.