Naples Car Accident Lawyer

Let Us Help You Get the Compensation You Deserve

At Lusk, Drasites & Tolisano, we understand the physical, emotional, and financial turmoil that follows a car accident. Whether you've been injured in a minor fender bender or a catastrophic collision, our team of experienced car accident lawyers in Naples is here to guide you through the complex legal process. We are dedicated to fighting for your rights, ensuring you receive the compensation you deserve, and helping you on the road to recovery.

Call (239) 908-4930 or contact us online to discuss your case with our team today.

Florida Car Accident Laws

Drivers involved in accidents in Florida are required to report the accident to law enforcement if it involves injury, death, or property damage exceeding $500.

Florida follows a no-fault insurance system. This means that after an accident, each driver's own insurance typically covers their medical expenses and property damage, regardless of who was at fault.

Drivers in the state are required to carry Personal Injury Protection (PIP) insurance with a minimum coverage amount. The minimum requirements were $10,000 in PIP coverage and $10,000 in Property Damage Liability (PDL) coverage.

However, there are exceptions to this rule, and one of the key exceptions is the "serious injury threshold" or "tort threshold." This threshold allows you to step outside the no-fault system and pursue a liability claim against the at-fault driver for additional compensation if your injuries meet certain criteria.

In Florida, these criteria typically include:

  • Significant and Permanent Loss of an Important Bodily Function: You may qualify to file a liability claim if the accident resulted in a significant and permanent loss of an important bodily function. This could include the loss of a limb, permanent disfigurement, or a debilitating injury that affects your ability to perform daily tasks.
  • Permanent Injury Other Than Scarring or Disfigurement: If you suffer a permanent injury that is not related to scarring or disfigurement, you may be eligible to pursue a liability claim. This means an injury that will affect you for the rest of your life, such as a severe spinal cord injury or traumatic brain injury.
  • Significant and Permanent Scarring or Disfigurement: If the accident caused significant and permanent scarring or disfigurement, you may also be able to step outside the no-fault system and pursue a liability claim.
  • Death: In cases where a car accident results in a fatality, the surviving family members may pursue a wrongful death claim against the at-fault driver.

However, if the at-fault party believes you are partially to blame for causing the collision, Florida follows a pure comparative fault system. This means that if multiple parties are at fault for an accident, each party may be held responsible for their percentage of fault. For example, if you're found to be 20% at fault for an accident, your compensation may be reduced by 20%.

Common Causes of Car Accidents

Some common causes of car accidents in Florida include:

  • Distracted Driving: With the proliferation of smartphones and other electronic devices, distracted driving has become a leading cause of accidents. Texting, talking on the phone, or using apps while driving diverts attention from the road.
  • Speeding: Driving at excessive speeds reduces reaction time and makes accidents more severe. Speeding is a common factor in many car accidents.
  • Drunk or Impaired Driving: Alcohol and drugs impair judgment and coordination, making impaired drivers a danger to themselves and others on the road.
  • Reckless Driving: Aggressive behaviors such as tailgating, changing lanes abruptly, and road rage can lead to accidents.
  • Weather Conditions: Texas weather can be unpredictable. Rain, fog, ice, and other adverse conditions can make driving hazardous.
  • Running Red Lights and Stop Signs: Failing to obey traffic signals is a significant cause of intersection accidents.
  • Fatigue: Drowsy driving can be as dangerous as drunk driving. Fatigued drivers are less alert and have slower reaction times.

How We Can Help You

Car accidents can be life-changing events, and their aftermath is often filled with uncertainty. Insurance companies may try to minimize your claim, and the responsible party might deny liability. In such challenging times, having a Naples car accident lawyer on your side can make all the difference.

Here's why:

  • Legal Expertise: Our attorneys specialize in car accident cases, and we have a deep understanding of Texas traffic laws, insurance regulations, and the complexities of personal injury litigation. We put this knowledge to work for you.
  • Maximizing Your Compensation: We are committed to securing the maximum compensation possible for your injuries. This includes medical expenses, lost wages, pain and suffering, and more. We leave no stone unturned in the pursuit of justice.
  • Dealing with Insurance Companies: Insurance companies are notorious for offering low settlements. We know their tactics and can negotiate on your behalf to ensure you're not taken advantage of.
  • Investigation and Evidence Gathering: We have a team of experts who can investigate your accident, gather evidence, and reconstruct the events leading up to it. This is crucial in establishing liability.
  • Legal Advocacy: If negotiations fail, we are prepared to take your case to court. Our seasoned trial lawyers have a track record of success in the courtroom, and we will fight tirelessly for your rights.

Every car accident is unique. We develop a personalized legal strategy tailored to your specific circumstances and needs.

If you or a loved one has been injured in a car accident in Naples, don't hesitate to contact Lusk, Drasites & Tolisano. We are dedicated to helping you get back on your feet and securing the compensation you deserve.


Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
  • Avvo
  • Southwest Florida Hispanic Chamber of Commerce
  • The Best of Cape Coral 2020
  • The National Top 100 Trial Lawyers
  • BBB Accredited Business
  • SWFL Inc.
What Sets Us Apart
  • No Fees Until We Win
    We 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 1982
    We 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.

Client Testimonials

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