Cape Coral Personal Injury Lawyers

Put 40+ Years of Experience in Your Corner

At Lusk, Drasites, & Tolisano, our Cape Coral personal injury 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 personal injury attorney in Cape Coral has extensive experience in litigating personal injury claims and can assert your right to compensation from any party that caused the accident.

Call our Cape Coral personal injury attorney at (239) 908-4930 today to schedule a free consultation with a member of our firm.

Important Elements of a Personal Injury Case

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.

Cases We Handle

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 Cape Coral 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: These can occur due to various accidents such as car crashes, falls, or assaults. They range from concussions to severe traumatic brain injuries (TBIs) and can result in cognitive impairments, physical disabilities, and emotional issues. 
• Spinal cord injuries: These often result from accidents like car accidents, falls, or sports injuries. They can cause paralysis, loss of sensation, and other severe impairments, significantly impacting a person's quality of life. 
• Scarring & disfigurement: This can result from burns, lacerations, or other traumatic injuries. Scarring and disfigurement can have lasting physical and psychological effects on the victim.  
• Broken bones & fractures: These injuries are common in various accidents such as car crashes, falls, or workplace incidents. They can range from minor fractures to complex breaks requiring surgery and prolonged rehabilitation. 
• Burn injuries: Burn injuries can occur due to fires, chemical exposure, or electrical accidents. They vary in severity and can lead to extensive medical treatment, scarring, and long-term complications. 
• Paralysis: Paralysis can result from spinal cord injuries, traumatic brain injuries, or other severe traumas. It can be partial or complete and may require lifelong medical care and assistance. 
• Product liability: These cases involve injuries caused by defective or dangerous products. This can include anything from malfunctioning electronics to hazardous pharmaceuticals. 
• Accidents On Cruise Ships: These cases involve injuries sustained while aboard a cruise ship, such as slips and falls, food poisoning, or assaults. They often involve complex legal issues due to maritime law.  
• Boating Accidents: Similar to car accidents, boating accidents can result in various injuries, including drowning, traumatic brain injuries, or spinal cord injuries. 
• Dog Bites: Dog bites can cause serious injuries, including lacerations, infections, and emotional trauma. Owners can be held liable for their pet's actions under certain circumstances. 
• Nursing Home Negligence: These cases involve injuries or harm suffered by residents of nursing homes due to neglect or abuse by staff members. 
• Pedestrian Accidents: Pedestrians can be injured in accidents involving cars, bicycles, or other vehicles. These accidents often result in severe injuries due to the lack of protection for pedestrians. 
• Premises Liability: Property owners can be held responsible for injuries that occur on their premises due to unsafe conditions, such as slip and fall accidents or inadequate security. 
• Serious & Catastrophic Injuries: These encompass a wide range of severe injuries that can result in permanent disabilities, chronic pain, and significant financial and emotional burdens for the victim and their families.

Wrongful Death Cases

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.

Personal Injury Statute of Limitations in Florida

The statute of limitations is a law that limit how long injury victims have to file a claim before they lose their legal right to do so. According to the Florida Statutes section 95.11(3)(a) you have two years from the date of your injury to file a personal injury claim.

There are exceptions to this law that can change your filing period. For example, 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 Cape Coral 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.

Damages in a Personal Injury Lawsuit

In Florida, victims in personal injury lawsuits may be entitled to various types of damages to compensate them for their losses. Here are some common damages available:

• Medical Expenses: This includes compensation for past and future medical bills related to the injury, such as hospital stays, surgeries, medication, therapy, and any necessary medical equipment.
• Lost Wages: Victims can seek compensation for income lost due to their injury. This includes wages lost during recovery and potential future income if the injury affects their ability to work in the long term.
• Pain and Suffering: Non-economic damages such as physical pain, emotional distress, and loss of enjoyment of life may also be compensated. These damages are more subjective and are intended to address the intangible harm caused by the injury.
• Permanent Disability or Disfigurement: If the injury results in a permanent disability or disfigurement, the victim may receive compensation for the impact on their quality of life, earning potential, and emotional well-being.
• Loss of Consortium: In cases where the injury affects the victim's relationship with their spouse or family members, compensation may be awarded for loss of companionship, affection, and support.
• Punitive Damages: In cases where the defendant's actions were particularly reckless or egregious, the court may award punitive damages. These are intended to punish the defendant and deter similar behavior in the future.

We serve individuals in and around Cape Coral, Fort Myers, and Naples. To speak with a personal injury attorney, call us toll-free at (239) 908-4930.