Fort Myers Car Accident Attorneys

We’re Here to Help You Get the Compensation You Deserve

Getting into a car accident can be a highly traumatic event, leaving you with seemingly insurmountable bills and ongoing pain, only made worse when the accident was not your fault. You may be entitled to compensation for the injuries and financial burden an accident has caused, and our experienced—yet compassionate—car accident attorneys can help you pursue a personal injury claim against the responsible driver.

At Lusk, Drasites & Tolisano, we understand how life-changing a car accident can be. If you or a loved one has been injured in a car accident in Fort Myers, FL, our dedicated legal team is here to help you pursue the compensation you deserve.

To schedule a free consultation, call (239) 908-4930 or contact us online today.

Common Causes of Car Accidents

Car accidents in Fort Myers can happen for various reasons. While some are unavoidable, many are caused by human negligence. Common causes include:

• Distracted Driving: Texting, talking on the phone, eating, or using in-car entertainment systems can divert a driver’s attention from the road.
• Speeding: Driving above the speed limit reduces reaction time and increases the severity of collisions.
• Driving Under the Influence: Alcohol or drug impairment is a leading cause of serious and fatal accidents.
• Reckless Driving: Aggressive maneuvers such as tailgating, weaving between lanes, or running red lights can lead to devastating accidents.
• Poor Weather Conditions: Rain, fog, or slippery roads can create hazardous driving conditions, particularly when drivers fail to adjust their speed.
• Vehicle Defects: Malfunctions such as brake failure or tire blowouts can also contribute to accidents.

If you have been involved in an accident caused by any of these factors, it’s essential to consult with an experienced Fort Myers car accident lawyer who can investigate the circumstances and build a strong case on your behalf.

Florida Car Accident Laws

Florida’s car accident laws are designed to provide protection and guidelines for injured parties. One of the most significant aspects of these laws is the no-fault insurance system. Under this system, your own Personal Injury Protection (PIP) insurance covers your medical expenses and a portion of your lost wages, regardless of who caused the accident. This allows for quicker access to compensation for immediate needs.

However, there are circumstances where you can step outside the no-fault system and file a claim directly against the at-fault driver. If your injuries meet the “serious injury” threshold—which typically includes significant and permanent loss of a bodily function, permanent injury, significant scarring or disfigurement, or death—you may pursue a personal injury claim.

Florida also follows a pure comparative negligence rule. This means that even if you share some fault for the accident, you can still recover compensation. However, your total award will be reduced by your percentage of fault. For example, if you are found 20% at fault for the accident, your compensation will be reduced by 20%.

Finally, it’s important to act within Florida’s statute of limitations. You have four years from the date of the accident to file a personal injury lawsuit. Failing to file within this period can result in losing your right to seek compensation.

Do I Need to Hire an Attorney for a Car Accident Claim in Fort Myers, FL?

While Florida’s no-fault insurance laws allow you to file a claim with your insurance company, recovering the full compensation you deserve often requires legal expertise. Here’s why you should consider hiring a car accident attorney:

• Negotiating with Insurance Companies: Insurance companies prioritize their bottom line and may offer settlements that do not reflect the full extent of your damages. An attorney can negotiate on your behalf to ensure a fair outcome.
• Proving Fault: In some cases, determining liability is essential to recovering compensation beyond your PIP coverage. A lawyer can investigate the accident, gather evidence, and establish fault.
• Calculating Damages: An attorney can help you assess the total value of your claim, including medical expenses, lost wages, property damage, and pain and suffering.
• Litigation Support: If your case goes to court, having an experienced lawyer by your side can significantly improve your chances of success.

At Lusk, Drasites & Tolisano, we are committed to handling the legal complexities of your case so you can focus on recovery.

Contact us today at (239) 908-4930 to let our firm do all the work for you.