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Personal Injury

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
  • Paralysis
  • Product liability
Who We Serve

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.

Client Reviews
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
"Very professional staff. They treat you like family." - Karen R.