Practice Areas

Unexpected injuries often impair every aspect of a person’s life, causing not only physical wounds but also financial and emotional harm. In most cases, injuries are caused by reckless behavior, and people that carelessly cause harmful accidents may be held accountable for damages caused by their behavior. If you suffered losses due to the negligent acts of another party, the skillful Cape Coral personal injury lawyers of Lusk, Drasites & Tolisano, P.A. can assist you in pursuing the full amount of compensation you may be entitled to. We frequently assist people in accident cases as well as with other legal matters.

Most personal injuries are caused by accidents brought about by careless behavior. Thus, many people seeking damages in a personal injury lawsuit will allege a negligence claim against the defendant. In Florida, a plaintiff seeking damages under a theory of negligence must demonstrate that the defendant owed the plaintiff a duty of care and that the defendant’s acts or failure to act constitute a breach of that duty. The plaintiff must also show that the breach caused actual harm and damages.

Car accidents are some of the most common causes of personal injuries, but in most cases, they can be avoided through the exercise of due care. For example, many car accidents are caused by unsafe driving. Car accidents may also be caused by dangerous roads, defective cars, and multiple other factors. Irrespective of the cause of the crash, a plaintiff who proves liability for a car accident in a personal injury lawsuit may be awarded compensation for the economic harm caused by the accident, such as the cost of medical bills, lost wages, and out of pocket expenses, and for any noneconomic harm as well, such as the suffering and pain endured due to injuries caused by the accident.

Accidents involving commercial trucks often lead to catastrophic harm. In many instances, they are caused by the truck driver’s failure to comply with safety regulations regarding maximum drive times, truck weight limits, and pre-trip or post-trip inspections. Truck accidents can also be caused by reckless driving, such as speeding or following too closely behind other vehicles. In many instances, a person injured in a truck accident will be able to pursue claims against the truck driver, and if the truck driver was working on behalf of a trucking company at the time of the accident, against the trucking company as well. A dedicated personal injury attorney serving Cape Coral can help you identify all potentially liable parties after an accident.

Motorcyclists face a higher risk of accidents than other motorists, in part because other motorists often fail to provide motorcyclists with proper respect, and strike them from behind or on the side, or turn in front of motorcyclists without sufficient clearance. The injuries caused by motorcycle crashes can include traumatic brain injuries, spinal cord injuries, and injuries to internal organs. In many instances, motorcyclists worry that if they are partially to blame for the accident, they may be denied damages, but in Florida, even if a plaintiff contributed to bringing about an accident, he or she can still recover compensation.

Accidents caused by dangerous conditions on a property frequently result in injuries. For example, many accidents arise due to sidewalks, stairs, and parking lots falling into disrepair, or spills on the floor of a bar or restaurant. Often, the person that possesses or owns a property may be held liable for any harm caused by the dangerous condition. The plaintiff’s burden of proof in a premises liability case depends in part on his or her status as an entrant of the property, and whether the person responsible for the property knew or reasonably should have known of the dangerous condition.

Nursing homes are frequently tasked with caring for older members of society and have a duty to provide care that is competent and thorough. In many instances, however, nursing homes breach the duties they owe to their residents, causing significant harm. Signs of nursing home negligence include dehydration, malnutrition, cognitive impairments, and frequent falls. When a person alleges that a nursing home negligently caused a resident harm, they will typically rely on the nursing home’s own records as well as expert testimony to support their claims against the nursing home. A knowledgeable Cape Coral personal injury lawyer can help you assemble all relevant evidence in support of your case.

In Florida, a person who wishes to end a marriage or seek custody of a child must comply with the laws set forth by the Florida legislature that establish procedural and residency requirements. Additionally, these laws set forth the standards for property division in a divorce, the manner in which child custody should be decided, and how child support obligations should be calculated. In some instances, however, the court will deviate from the standards established by law if it deems it necessary under the facts of the case.

Determining what will occur if you become sick or die can offer you peace of mind that your wishes will ultimately be carried out. Specifically, estate planning tools can allow you to set forth your wishes for how your property should be distributed after your death, what care you wish to receive if you become terminally ill, and who can control your medical care and property in the event you become incapacitated. Generally, estate planning documents must be drafted by an adult of sound mind and must be signed in the presence of two witnesses.

Real estate transactions require many considerations, such as what terms should be included in any contract for the sale of a property, whether there are any defects in the title of a property, and what terms the parties are willing to agree to in order to sell or buy a property. Generally, the parties in a real estate transaction have a great deal at stake, and in most cases, it is prudent for them to seek the counsel of an attorney to help them protect their rights.

While owning a rental property can provide a person with a solid income, landlords often face issues with tenants who fail to comply with their obligations. The law provides landlords with remedies, however, in the event that a tenant fails to pay rent or vacate a property after a lease ends. It is critical for landlords to comply with the requirements set forth under the law, however, as the failure to abide by the proper procedures can impair the landlord's rights.

Employees have protections under state and federal law from unfair wage practices as well as discrimination and harassment in the workplace. For example, employers must pay employees minimum wage, and must pay certain employees overtime. Further, employers are prohibited from refusing to hire or terminating employees due to their membership in a protected class, such as race, sex, or age, or due to a disability.

Business transactions are often lucrative for both parties involved in the transaction, but when one party fails to comply with its obligations, it can lead to the deterioration of the relationship, and in many cases, litigation. For example, many business disputes lead to lawsuits over intellectual property rights, violations of agreements not to compete, or breach of contract. Generally, a party alleging breach of contract in Florida may be able to recover the damages caused by the breach if the party can demonstrate that the other party violated a material term of the contract.

Criminal defendants have many rights under the law, including the right to a speedy trial, representation by competent counsel, and the right to be free from double jeopardy. While criminal defendants do not have a burden of proof at trial, the State must prove the defendant’s guilt beyond a reasonable doubt. Additionally, in some instances, the defendant may be able to preclude the State’s evidence, making it very difficult for the State to prove the defendant’s guilt. For example, if a person was arrested for DUI following a traffic stop that was made without just cause, the State may not be able to introduce the result of chemical testing that occurred after the arrest.

If you were injured in an accident, the seasoned personal injury attorneys of Lusk, Drasites & Tolisano, P.A. can assist you in seeking recourse for your harm. We frequently help injured parties in the pursuit of damages in Cape Coral, as well as in Naples and Fort Myers. Additionally, we represent people in other legal matters, including landlord-tenant disputes, criminal defense, and business and employment cases. You can contact us at our Cape Coral, Naples, or Fort Myers offices by calling 855-409-3419 or via the form online to set up a consultation.