Fort Myers Car Accident Lawyers

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.

Common Injuries in Car Accidents

• Whiplash and neck injuries – These injuries can be caused by the instant back-and-forth motion of the head and neck, often leading to pain, stiffness, and reduced mobility.
• Head and brain injuries – These include concussions and traumatic brain injuries (TBIs), which may affect memory, concentration, and mood.
• Back and spinal cord injuries – These may involve herniated discs, fractures, or spinal cord damage that can result in chronic pain or limited movement.
• Broken bones and fractures – These commonly affect the arms, legs, ribs, wrists, and collarbone due to the force of impact.
• Soft tissue injuries – These include sprains, strains, bruises, and torn ligaments or muscles that can worsen without proper treatment.
• Chest injuries – These can involve rib fractures, internal bruising, or organ damage caused by seatbelts, airbags, or impact with the steering wheel.
• Cuts and lacerations – These often result from broken glass or sharp metal and may lead to scarring or infection.
• Internal injuries – These involve harm to organs like the liver, spleen, or kidneys, which may not be immediately noticeable but can be very serious.

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.

We carefully compare their medical records, diagnostic tests, and prognosis to the serious injury threshold. This helps us determine whether a liability claim against the at-fault driver is appropriate in addition to a PIP claim. By gathering records from local providers and speaking with your treating doctors, we can present a clearer picture of the long-term consequences of your injuries and support your right to pursue additional compensation when the law allows it.

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%.

Because insurance companies often try to shift blame onto injured drivers, even for routine collisions at busy Fort Myers intersections, it is important to respond quickly when adjusters ask for statements or suggest you were speeding or distracted. We can review the police report, photos, and any available video to push back against unfair fault arguments and advocate for an allocation of responsibility that more accurately reflects what really happened.

Finally, it is important to act within Florida’s statute of limitations. Under current law, you generally have two 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.

What To Do After a Car Accident in Fort Myers

Once emergency responders are on the way, move your vehicle out of traffic if it is safe to do so and check on passengers and others involved. If you are able, take photographs of the vehicles, the surrounding scene, skid marks, and traffic signals or signs. Make note of nearby businesses or homes that may have security cameras facing the street, as that footage can sometimes help show what really happened. After you leave the scene, keep copies of every document you receive—from the crash report to discharge papers from local hospitals or clinics—and store them together so nothing is lost.

In the days following the accident, follow all treatment recommendations and avoid downplaying your symptoms when you see a doctor. Delays or gaps in care can give insurers an excuse to argue that your injuries are minor or unrelated to the crash. You should also avoid discussing the wreck on social media or providing detailed statements to any insurance company before you have had a chance to talk with a car accident attorney in Fort Myers. By getting legal guidance early, you can focus on healing while someone familiar with the local process communicates with insurers and helps you make informed choices.

How Our Fort Myers Car Accident Lawyers Handle Your Case

After the initial meeting, we gather additional evidence such as medical records, bills, wage information, and, when appropriate, reports from accident reconstruction professionals or other qualified witnesses. We then prepare and submit claims to the insurance carriers involved and handle the back-and-forth negotiations. Throughout this process, we keep you updated and check in regularly so you always know where things stand, what offers have been made, and what options you have for moving forward.

If the insurance company refuses to make a reasonable offer, we are prepared to file a lawsuit and guide you through each stage of litigation, from discovery to mediation and, when necessary, trial. Our team approach means that more than one attorney may work on your case, along with experienced staff who help organize records and communications. By combining our knowledge of Florida law with years of experience handling claims arising from Fort Myers car crashes, we strive to put you in the strongest position possible to pursue a fair result.

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 guidance. 

Here is 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 seek 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 work to 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 ability to navigate the process.

In addition to handling negotiations and documentation, a vehicle accident attorney in Fort Myers will understand how local judges and juries tend to view different types of cases and evidence. That practical knowledge shapes how we present your story, which experts we might consult, and whether we recommend resolving a claim through settlement or by filing a lawsuit. Having guidance tailored to the way cases are handled in this community can help you make choices that align with your goals and comfort level.

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 is 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?

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 used 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 were not 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.

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 potential compensation. At Lusk, Drasites & Tolisano, our priority is to maximize your recovery, helping you seek the full range of damages applicable to your situation.

Contact Our Fort Myers Car Accident Lawyer Today

If you have been injured in an auto accident, do not 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 contact our Fort Myers car accident attorneys.