Naples Personal Injury Attorneys

Full-Service Injury Representation in Southwest Florida Since 1982

Were you seriously injured in an accident that wasn’t your fault? Are you now struggling with mounting hospital bills and uncertain about when you’ll be well enough to return to work? An injury caused by someone else’s negligence can leave you facing medical expenses and lost income you didn’t create. Florida law may allow you to seek compensation for those losses, pain and suffering, and reduced quality of life.

Since 1982, we at Lusk, Drasites & Tolisano have provided personalized legal support to clients across Southwest Florida. Based in Cape Coral and serving Naples, we handle personal injury matters as part of a full-service legal practice. We were among the first Cape Coral law firms willing to take on large corporations and defense firms. Whether you were injured in a car accident or experienced a slip and fall, we can investigate the circumstances, determine liability, and explain your legal options. We treat our clients like people, not cases, and we recognize what is at stake.

For many personal injury cases, we don’t collect an attorney fee unless compensation is recovered. Please contact us online or call (239) 908-4930 to schedule a free initial consultation with our Naples personal injury attorneys. Se habla español.

How Personal Injury Cases Work

A personal injury claim allows an injured party to seek compensation from the party responsible for their injuries. The goal is to recover damages that address your financial losses and account for the broader impact the injury has had on your life.

Most personal injury claims are based on negligence, which requires proof of four elements:

• A duty of care existed. You must show that a legal duty existed between you and the defendant. 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 that duty by failing to use the care a reasonable person would under the same circumstances. A motorist might breach their duty by driving while intoxicated, while a property owner could breach theirs by failing to repair a known floor hazard or an unguarded drop.
• The breach caused the accident. The negligent conduct must have directly caused the accident. Causation also requires showing the harm was a foreseeable result of the defendant’s behavior, not merely a coincidence.
• You sustained damages. If you didn’t suffer measurable losses, you don’t have a claim. Damages can include physical injuries, lost income, and property damage as a direct consequence of the accident.

The evidence needed to evaluate these four questions varies by accident type and may include medical records, photographs, witness statements, incident reports, and other documentation. Our attorneys can identify and preserve evidence relevant to your claim.

Personal Injury Cases We Handle

We represent clients injured in many types of accidents. We also represent eligible surviving family members after a fatal accident.

Our personal injury practice includes:

• Boating Accidents
• Car Accidents
• Cruise Ship Accidents
• Dog Bites
• Motorcycle Accidents
• Nursing Home Negligence
• Truck Accidents
• Pedestrian Accidents
• Premises Liability
• Product Liability
• Wrongful Death

Each accident category can involve distinct liability questions, responsible parties, insurance issues, and evidence needs. Wrongful death claims, for instance, address the legal rights and damages of eligible surviving family members rather than the injured person’s individual recovery.

Compensation Available in a Naples Personal Injury Case

Most personal injury claims involve seeking both economic and non-economic damages. Economic damages address measurable financial losses caused by the injury. Noneconomic damages address losses that aren’t captured in bills or receipts, such as pain, emotional distress, and the loss of life’s ordinary pleasures. In rare circumstances involving especially egregious conduct, a court may also award punitive damages.

Depending on the case, recoverable losses may include:

• 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

The damages available in any particular case depend on the facts, the proof, the applicable law, and the parties involved. We can evaluate your situation and explain what categories of recovery may apply to your claim.

Florida Filing Deadlines & Comparative Fault

Filing Deadlines. Florida Statutes section 95.11 generally provides a two-year limitations period for negligence-based personal injury actions. For wrongful death actions, the two-year period generally runs from the date of the victim’s death rather than the date of the accident. Missing these deadlines may bar recovery. Because exceptions and claim-specific rules can affect the deadline that applies to your situation, you shouldn’t rely on a general rule without case-specific legal advice.

Comparative Fault. Florida applies a modified comparative-fault rule under Florida Statutes section 768.81. If you share some responsibility for the accident, your recoverable damages are reduced proportionately by your assigned percentage of fault. However, a claimant found to be more than 50 percent at fault may not recover damages under this framework. A defendant may argue that the injured party contributed to the accident. Our attorneys evaluate those arguments and use the available evidence to address allegations of shared fault.

Frequently Asked Questions

What Should I Do Immediately After an Accident?

Move to a safe location if possible and check for injuries. Call 911 when emergency assistance or a police response is appropriate, and seek a medical evaluation even if you feel fine because some injuries may not be immediately apparent. If you can do so safely, photograph the scene and gather contact information from witnesses. Contacting Lusk, Drasites & Tolisano promptly can help you understand your rights, legal options, and any deadlines that may apply.

What Are the Common Types of Accidents?

In Naples, common types of accidents include car and motorcycle collisions, pedestrian and bicycle accidents, boating-related incidents, and slip and fall occurrences. Liability, available insurance, responsible parties, and evidence needs can vary by accident type.

How Long Do I Have to File a Personal Injury Claim in Florida?

Florida generally provides two years to file an action based on negligence. Wrongful death actions are also generally subject to a two-year limitations period, usually measured from the date of death. Exceptions and claim-specific rules may change the applicable deadline, so you should seek case-specific legal advice rather than relying solely on the general rule.

What Compensation May Be Available?

Potential compensation may include economic damages for medical expenses, property damage, lost wages, and reduced earning capacity. Noneconomic damages may address pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. The available damages depend on the facts, supporting evidence, applicable law, and parties involved.

Can I Recover Compensation If I Was Partly at Fault?

Possibly. Under Florida’s modified comparative-fault rule, an assigned percentage of fault generally reduces recoverable damages by the same proportion. A claimant found more than 50 percent at fault may not recover damages under this framework. Because fault disputes depend on the evidence and circumstances, our attorneys evaluate each allegation of shared responsibility individually.

Contact Our Naples Personal Injury Attorneys Today

If you or a loved one has been injured because of someone else’s negligence, we can evaluate liability, explain the damages that may be available, and identify relevant filing deadlines. Since 1982, we have provided personalized, full-service legal support across Southwest Florida. Contact us today to schedule a free consultation. Many personal injury cases can be handled on a contingency basis, with no attorney fee unless compensation is recovered.

Call our Naples personal injury lawyers today at (239) 908-4930 to discuss your next steps, or contact us online.