At the personal injury law firm of Lusk, Drasites, & Tolisano, our accident attorneys are devoted to helping people who have been injured as a result of another person's or entity's negligence.
A car crash, slip and fall, or any other personal injury can be a life-changing event, and the costs that follow often add to the pain and distress you may be experiencing.
Our accident lawyers have extensive experience in litigating personal injury claims and can assert your right to compensation from any party that caused the accident.Breached Duty of Care
It is widely accepted that every Florida resident has a duty of care, which is a legal obligation to act in a reasonable manner given the situation. If an individual or business fails to do so, that is considered a breach of the duty. For a personal injury case to succeed there must be a breach of a recognized duty as well as a connection between that careless action and the harm that forms the basis of the lawsuit. There also must be actual quantifiable damages that resulted from the defendant's breach.Proving Negligence
Some additional legal considerations may affect your case, depending on your circumstances. For example, some defendants may try to cast blame on the victim for an accident. If you were partly responsible for your own injuries, the doctrine of comparative negligence means that your recovery may be decreased by the percentage you are found to be at fault. However, even if you were mostly responsible for causing an accident, you still can recover from any defendants to the extent that they were found liable.Wrongful Death
In some tragic situations, the harm caused by someone else's negligence may be serious enough to result in death, either at the time or as a result of ensuing complications. It is important to know that Florida allows a victim's survivors to bring a claim for damages against any person or entity whose careless or reckless behavior caused their loss.
In a wrongful death action, the requirements are the same as those in an ordinary negligence lawsuit: duty, breach of duty, causation, and damages. However, a spouse, child, or parent of an individual who has passed away can also seek compensation for loss of companionship as well as burial and funeral expenses and other damages specific to a tragic death.Statute of Limitations for Personal Injury
In the state of Florida, there is a limit on the time that can pass before you must bring a lawsuit. This is known as the statute of limitations, and if you fail to file in a timely manner, you may be completely barred from receiving any compensation for your harm. In Florida, claims based on someone else's negligence must be filed within 4 years of the date of the injury.
In some situations, such as minor accidents, you may not discover the harm that has been done until a later date. It is especially important in these circumstances to hire a personal injury lawyer at once. The attorneys at Lusk, Drasites, & Tolisano are skilled in Florida laws and can examine your case to make sure you do not risk losing important legal rights.Our Personal Injury Attorneys
If you or someone you love has been harmed due to the negligence of another person or business, you may be entitled to legal recourse. The personal injury lawyers at Lusk, Drasites, & Tolisano can carefully review your case, evaluate whether you have a claim, and guide you through the legal process if you do.
Personal injury claims we handle include:
- Brain injuries
- Spinal cord injuries
- Scarring & disfigurement
- Broken bones & fractures
- Burn injuries
- Product liability
We serve individuals in and around Cape Coral, Fort Myers, and Naples. To speak with a personal injury attorney, call us toll free at (800) 283-7442.