Articles Posted in Personal Injury 2

Were you or a loved one injured in a pedestrian accident? According to the Centers for Disease Control and Prevention, pedestrians are 1.5 times more likely to be killed in a car accident than passengers.

Since pedestrians are vulnerable to being struck in crosswalks and other locations by negligent drivers, hire legal help as soon as possible. Our pedestrian accident lawyers can help you receive the compensation you deserve.

Here are the 5 ways drivers cause pedestrian accidents.

In the state of Florida, the personal representative of the decedent’s estate is responsible for bringing a wrongful death lawsuit. If your loved one recently passed away as the result of another person’s negligence, call one of our wrongful death lawyers as soon as possible. We can help you prove that the other party neglected their duty to the decedent to exercise reasonable care.

If you have any questions regarding wrongful death’s in Florida, please feel free to contact us and we’ll get back to you with an answer as soon as possible.

Q: Who Can File for Wrongful Death in Florida?

It’s unfortunate when a loved one passes away because of another driver’s negligence. We understand that this time is difficult for you and other surviving family members.

However, there is a limited window of time for the decedent’s estate to file a wrongful death lawsuit. Our wrongful death attorneys can help you win compensation for lost earnings, loss of companionship, and other damages.

Continue reading to learn the other ways we can help you prove wrongful death after a fatal car accident.

Dear Lusk, Drasites & Tolisano,

I recently attended my friend Karen’s dinner party in Naples, Florida. It was a great night—the weather was perfect, Karen’s music choices were excellent, and I enjoyed the company of several friends I hadn’t seen in quite a while. We were spoiled by a three-course meal al fresco on Karen’s gorgeous patio alongside her backyard pool.

We decided to play a few games, which is where the story gets a little more…dangerous. We thought we were perfectly safe with a simple game of charades, but what we weren’t counting on was how slippery the patio remained after the cannonball contest the kids held earlier in the evening. Marcus was in the middle of a particularly animated impression of curling (we’ve all been wrapped up in the Winter Olympics) when he suddenly lost his footing and fell straight into the glass dining table. Luckily, Karen is a bit of a neat-freak, and had already cleared all of the dishes from the meal. Unfortunately for Marcus, however, he shattered the glass top and crashed straight through to the ground.

Imagine that you’re shopping at a hardware store, and a tall display of tools collapses on you. You’re injured and facing weeks of recovery, hospital bills, lost work, and stress for your family.

It’s normal to feel bewildered by this kind of scenario. As you try to recover, you might wonder how to deal with the hardware store owner and whether you need a lawyer’s help. How do you even begin to calculate how much everything is going to cost?

Let’s take a closer look at how personal injury settlements are handled and how you can make sure you’re making the right decisions along the way.

When you’re injured because of another party’s negligence, what do you do? Whether it’s a slip-and-fall, a car accident, defective medication, medical malpractice, or any other form of negligence, you’re entitled to compensation for the losses you’ve suffered.

The medical bills, not to mention the wages you’ve lost, are racking up, and you’re not sure how to proceed. How will you pay your bills— the ones that existed prior to the accident as well as the ones that resulted from your injuries? In these cases, it just makes sense to file a personal injury lawsuit.

Personal Injury Process

As a resident of Southwest Florida, you know that we live in a boater’s paradise! Unfortunately, accidents happen, even to the most experienced boaters. What’s your recourse should you be harmed on a recreational boat? Here are some of the important points you should remember if you’re injured while boating anywhere in the southwest Florida area.

Negligence is Key

The key to recovering damages from the person you believe is responsible for your boating injury is to prove that the injury is the result of negligence, or the failure to act with reasonable care. Injury doesn’t always occur because someone acted with negligence; sometimes, an accident is just that—an accident. Nobody is at fault. Therefore, it’s up to you and your lawyer to decide if the other party was careless and caused your injury with that carelessness.

Want to try a little experiment? All you need is a stopwatch and a television set. Ready? Alright turn on the tv and start the time. How long does it take for a celebrity or actor to stroll on-screen and claim the insurance company they represent has your best interests at heart? We guess it won’t even take an hour.

Do you ever wonder how the insurance companies afford to blast those commercials across your tv screens, over the radio waves, and in newspapers and magazines? They advertise because they are so profitable; profits made at the expense of policyholders.

If you’re still not convinced, we gathered five other facts the insurance company doesn’t want you to know.

“It will never happen to me,” is what most people say to themselves until the unexpected presents itself. In cases of personal injury, an unexpected situation can turn life upside-down. When this happens, choosing a lawyer should be at the top of the priority list. The vast majority of cases pertaining to civil litigation in the United States will be related to personal injury, whether it is associated with medical malpractice, motorcycle and car accidents, crime and abuse, faulty products, spine and brain injuries, or one of the other categories connected with personal injury.

What is a personal injury lawyer and what are the benefits?

According to the National Center for Health Statistics, approximately 31 million people suffer an injury each year in the U.S., many of whom require treatment. Choosing a local Cape Coral or Fort Myers lawyer who specializes in personal injury will ease the process of claiming compensation to fund hospitalization, medical expenses, and other losses.

Many times during the course of my practice people have come to me after they or their child have been attacked by a dog  and want to know whether they can sue the owner of the dog. My answer is always;” It depends.” Florida has a specific statute regarding a dog owner’s liability for an attack which basically says an owner of a dog is liable only if the owner did not do certain  things. For instance, if the owner put up prominent signs on his property which said  ”Bad Dog” and the attack happened on the property the owner is not liable unless the victim is under 6 years old, the owner told the victim to ignore the signs or the owner did something himself/herself which contributed to the attack. Of course the owner also always has the defense that the victim somehow provoked the attack. Lastly, if the attack did not occur on the property then obviously the “sign defense” goes out the window.

Another issue which often arises is even if the owner of the dog is responsible is it worth it to sue. Assuming the injuries are significant, the sad fact is that it is rarely worth suing for injuries unless the responsible party has homeowner’s or renter’s insurance. Florida has been called a “debtor’s heaven” because of its many laws which make it very difficult to collect against an individual’s assets. For instance, even if the owner of the dog owner owns his own home, if that home is homesteaded it is exempt from judgment. And even if there is insurance you still need to examine the policy itself since many policies now exclude from their coverage any attacks by dogs or exclude attacks by certain breeds of dogs, i.e. pitbulls.

As you can see, if you or a loved one are attacked by a dog, it is important to hire an experience attorney given the complicated issues that arise in pursuing damages from that attack. We at Lusk, Drasites and Tolisano P.A.  would be happy to meet with you at no charge to discuss those issues with you.

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