- 4.3/5.0 (5)
Assert Your Rights and Take Legal Action to Seek Compensation
In most personal injury cases, a victim must prove that another individual or a business acted negligently. In order to succeed in this type of claim, you must establish four separate factors:
A duty to act as a reasonable person or business would have acted under similar circumstances;
A breach, or violation, of that duty;
A direct causal link from the careless conduct to your injury; and
Damages resulting from the harm that can be ascertained and compensated.
Occasionally, it may be possible to use the doctrine of “negligence per se,” which means that a person's actions are automatically considered negligent because they violated a law that is meant to protect the public. Some examples of these types of statutes are building codes, health codes, and laws against drunk driving. Our attorneys are familiar with the nuances of a negligence claim, and we can evaluate all the facts of your case with an eye to developing a strategy suited to your specific situation.
Sometimes a defendant will try to cast the blame for an accident on the victim. However, even if you are partly responsible for causing your own injuries, you still can recover a reduced amount of compensation from any other persons or entities held liable. The damages award would be diminished in proportion to your percentage of fault under the rule of comparative negligence. Forms of compensation might include pain and suffering, lost income, past and future medical expenses, and property damage, as well as other types of economic and non-economic harm.
If you are considering filing a lawsuit against someone whose carelessness harmed you, you should be aware that there is a specific time window within which you must take legal action. If you miss the deadline for bringing your claim, you may be prevented from recovering any compensation for your injuries. Florida law requires that claims of negligence must be brought within four years of the date that the accident occurred, whether it is a motor vehicle collision or a slip and fall on someone else's property. However, in some situations, you may not have learned that you were actually hurt until a later date. In that case, the time may not start to run until then. No matter the situation, however, it is crucial to obtain qualified legal representation to make sure your claims are asserted in time.
Beyond our significant focus on personal injury cases, our lawyers are also skilled in the fields of family law, employment law, estate planning, contracts, and real estate. We understand the special circumstances that surround divorce and custody hearings, for example, and we likewise are knowledgeable in employment disputes.
Discuss Your Accident Case with a Naples Lawyer
If you or someone you love has been harmed near Naples due to another party's negligence, you should contact the accident attorneys at Lusk, Drasites & Tolisano. We can answer your questions and explore your legal options through a free initial consultation. Our clients come from Collier County as well as Port Charlotte, Lehigh Acres, Cape Coral, and other communities in Lee County and throughout Southwest Florida.
Specific Areas of Practice for our Cape Coral office:
1.8/5.0 on 10/03/16 on 10/03/16
1.0/5.0 on 04/22/12 on 04/22/12
I retained the firm in 06/2011 for my injury case. In December I was notified by letter that they were sending a $1.5 million 30 demand to the insurance company which was...Read more
I retained the firm in 06/2011 for my injury case. In December I was notified by letter that they were sending a $1.5 million 30 demand to the insurance company which was a $2 million PIP policy without notifying me first. In March of 2012, I phoned the firm and Mr. Valentine stated he was going to give them a few more weeks, again without my knowledge. I never saw the demand, which I never would have agreed upon and him allowing the insurance to go far past 60 days, I fired him with no regrets.Read less
1.0/5.0 on 10/19/11 on 10/19/11
My husband has full custody of his daughter. His ex took his daughter to NC. We had to have law enforcement return her back home to us. We hired LDT&S Firm to change the...Read more
My husband has full custody of his daughter. His ex took his daughter to NC. We had to have law enforcement return her back home to us. We hired LDT&S Firm to change the order of visitation rights with her mother. Her mother filed for custody in NC,LDT&S told us we had to hire an attorney in NC to dismiss that case because they are not licensed in NC. The entire time LDT&S continued to charge us $ while the NC lawyer we hired worked the case,when the case in NC was dismissed LDT&S wanted more $.Read less