Representing Personal Injury Victims in Cape Coral and Fort Myers
Were you seriously injured in an accident that was not your fault? Are you now struggling to deal with mounting hospital bills and are not sure when you will be well enough to return to work? You should not have to worry about how you will cover lost wages or medical expenses when someone else’s negligence caused your injuries. You should also be compensated for your pain and any reductions in your quality of life.
Our Naples personal injury lawyers can help you file a lawsuit against the party or parties responsible for your losses and fight to recover damages. Our team at Lusk, Drasites & Tolisano has been assisting with the recoveries of local clients for over 40 years and is committed to serving our community. Whether you were injured in a car accident or a slip and fall, we can investigate the circumstances, determine liability, and walk you through your legal options. We treat our clients like people, not cases, and we recognize what is at stake. Getting you the compensation that you need to move forward is our top priority, and our legal professionals will stop at nothing to deliver a favorable outcome.
We do not get paid until you do, so contact us online or call (239) 908-4930 to schedule a free initial consultation. Se habla español.
How Personal Injury Cases Work
A personal injury claim is a type of lawsuit that allows an injured party to seek compensation from the party who is responsible for the claimant’s injuries. The goal of the process is to get the claimant the compensation they need to cover all injury-related losses and restore the financial security they had prior to the accident.
Many personal injury claims are based on negligence, and, to win, you must prove the following four elements:
- A duty of care existed. First, you must prove that a legal “duty of care” existed between you and the defendant. Whether a duty of care exists depends on the scenario. Property owners owe a duty of care to visitors and patrons, for example, while drivers owe a duty of care to everyone else on the road.
- The duty of care was breached. Next, you must show that the defendant breached the duty of care by doing something that another reasonable person would not have done in the same circumstances. In other words, you have to prove the defendant did something reckless, careless, irresponsible, or malicious. A motorist might breach their duty of care by driving while intoxicated, for example, while a property owner could breach their duty of care by failing to clean up a slippery floor.
- The breach caused an accident. The negligent conduct must have directly caused an accident of some kind. An intoxicated motorist might collide with another vehicle because they are not able to safely drive, while the slick floor ignored by a property owner could lead to a customer slipping and falling.
- You sustained damages because of the accident. If you did not suffer any losses as a result of the accident, you do not have a case. You must be able to establish you sustained personal injuries (such as physical injuries, lost wages, or property damage) as a direct consequence of the accident.
Personal Injury Cases We Handle
We frequently represent clients who have been injured in many types of accidents and incidents. Our team can also offer compassionate, dependable advocacy if your loved one sustained fatal injuries in an accident.
Our Naples personal injury attorneys can assist you with cases involving:
- Boating Accidents
- Car Accidents
- Cruise Ship Accidents
- Dog Bites
- Motorcycle Accidents
- Nursing Home Negligence
- Truck Accidents
- Pedestrian Accidents
- Premises Liability
- Product Liability
- Wrongful Death
How Long Do I Have to Bring a Personal Injury Claim in Florida?
You only have a limited amount of time after an accident to take legal action. In Florida, you will in most cases have four years from the date of the accident to file a personal injury lawsuit. You cannot recover any damages if you miss this deadline, so do not wait to get in touch with a legal professional.
If someone dies as a result of an accident, certain survivors of the deceased have the right to file a wrongful death lawsuit on their behalf. They will get two years from the date of the victim’s passing, not the date of the injury-causing accident, to start the legal process.
What Types of Compensation Can I Get in a Florida Personal Injury Case?
Most personal injury claims will involve seeking economic and non-economic damages. Economic damages cover practical, quantifiable expenses that you have incurred (and may continue to incur) because of the accident. Non-economic damages are meant to compensate you for the incalculable losses you have sustained. In some rare instances, a judge may award punitive damages that are specifically meant to punish the defendant for especially unacceptable behavior.
Our Naples personal injury lawyers will work to get you compensation for all pertinent losses, including:
- Past, current, and future medical bills
- Property damage
- Lost wages
- Reduced earning potential
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
- Emotional distress
I Was Partially Responsible for an Accident. Do I Still Have a Personal Injury Case in Florida?
If you are aware that you are partly to blame for an accident, do not assume you do not have any legal options. Though straightforward negligence makes for a stronger case (and greater recovery), you can still potentially get some compensation for your injuries even if you share some of the blame.
Florida operates under comparative negligence rules when evaluating personal injury cases where both the plaintiff and defendant appear to have some level of fault. The court will assign you a percentage of fault, which will determine how much you can recover. If the court decides you are 20% to blame and your damages total $100,000, for example, your award will be reduced by 20%, meaning you still get $80,000.
Regardless of your actual level of fault, the defendant will often claim you are partially or completely responsible for an accident. Our team at Lusk, Drasites & Tolisano understands how to combat these assertions and will fight to maximize what you recover, no matter the circumstances.
If you have questions about your rights and options after being injured in an accident, do not hesitate to call (239) 908-4930 or contact us online.
No Fees Until We WinWe 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 1982We 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.
"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.