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Choosing a Personal Injury Lawyer

noreply@blogger.com (Tiffany) — Mon, 12 Apr 2010 21:58:00 +0000

Choosing a personal injury lawyer can be a daunting task. In Fort Myers and Cape Coral, Florida, over 120 law firms can be pulled up by doing a simple phone book search. With such an alarming number of choices, it's difficult to even know where to begin. Knowing what to look for in a personal injury attorney is the first step to making the decision that will best meet your needs.

Qualifications

You want to make sure your attorney is qualified to represent you. Some key things to look for are:

Schooling
Experience
Bar and court associations
Additional qualifications

You want to know the history of your attorney to make sure you are receiving the highest level of representation available.

Professionalism

In addition to qualifications, you will want to make sure your attorney shows a high amount of professionalism. You want your attorney to be kind, courteous, and personable, as well as being experienced and qualified to represent you. An attorney that takes the extra time to get to know about you and your case will better be able to represent you if the case goes to trial. A professional atmosphere will help foster a sense of certainty in your choice.

At Lusk, Drasites, Tolisano & Smith, P.A., we pride ourselves in our professionalism, attention to detail, and selection of highly qualified attorneys. We have a proven track record with personal injury cases, and a commitment to our clients that is, sadly, uncommon in the legal profession.

If you live in Cape Coral or Lee County, Florida and have been injured through no fault of your own, please contact Lusk, Drasites, Tolisano & Smith, P.A. to schedule a free consultation with one of our courteous, professional, experienced attorneys.

What we will do for you if you are in an Auto Accident

noreply@blogger.com (Daphen Smith, Marketing Director) — Wed, 31 Mar 2010 15:07:00 +0000

Attorney Domenic Valentine of Lusk,Drasites, Tolisano & Smith P.A. handle your case when involved in a personal injury. He has a vast knowledge and understands what you are going through. The following information is a brief overview of how we can help you and your family during a car accident or personal injury.

During our representation, we request information and records from your insurance company, the “at fault's” insurance company and the doctors you have already treated with and those you are currently treating with due to the accident. We request all medical records and bills such as Hospital Emergency Room visit, Ambulance, Radiologists, etc. We also assist you in recovering lost wages from your Auto Insurance PIP carrier (for motor vehicle accidents only).

Once your doctor tells you that he is done treating you and have reached MMI (maximum medical improvement) your case is ready to be reviewed in preparation of a demand. We will write a letter to the insurance company demanding payment for the injuries you sustained due to the motor vehicle accident and provide them with all the records we have gathered to prove our claim on your behalf. That is why it is very important that clients continue treatment with their doctor until he/she discharges you. If you refuse treatment this can greatly effect the outcome of your case.

This is not a fast or easy process. Also, please be aware that the “at fault” party's insurance company will not make any payments on your case until settlement. A premature settlement of your case is not in your best interest. Remember that once an offer to settle is accepted by you, you can not “go back” and negotiate again. This is why we make sure that every medical record is carefully reviewed and why we wait until we have a complete “picture” of the extent of your injury before we send the demand package.

Domenic J. Valentine

Thinking of relocating your child to another state?

noreply@blogger.com (Daphen Smith, Marketing Director) — Wed, 31 Mar 2010 14:28:00 +0000

Here is an example from Attorney, Matthew Toll of what is the standard used by the Court if you need to relocate away from Florida with small children. This is always a very stressful time for both parents and at Lusk, Drasites, Tolisano & Smith P.A. we will make sure you understand all your rights. Divorce, Child Support and Relocation is what we handle each and every day. We can guide you to help in this matter in understanding the law.

FINAL JUDGMENT PERMITTING SUPPLEMENTAL RELOCATION
THIS CAUSE having come before this Court on XXXX, 2010 on the Former Wife’s Motion to Relocate and the Court having reviewed the Court file and the relevant pleadings, having heard argument by counsel for the respective parties, and being otherwise advised in the premises, it is
ORDERED and ADJUDGED:
1. The Motion to Relocate is GRANTED.
2. JURISDICTION. This court has jurisdiction over the subject matter and the parties.
3. FINAL JUDGMENT. A Final Judgment of Dissolution of Marriage (hereafter
referred to as "the Final Judgment") was entered on July 24, 2007, Subsequent to the
issuance of the Final Judgment, the Former Wife filed a Supplemental Petition for Modification and a Motion to Relocate, both requesting to relocate to South Carolina with the parties’ minor children, XX & XXX
4. PARENTAL RELOCATION. Parental relocation with minor children is governed by Florida Statute 61.13001.
a. The Former Wife has complied with the requirements of Florida Statute 61.13001(3) by serving a Notice of Intent to Relocate upon the Former Husband prior to the filing of her Motion to Relocate with the Court. Since the Former Husband objected on a timely basis, the Former Wife was required to obtain Court approval to relocate.
b. The Former Wife’s Notice of Intent to Relocate and Motion to Relocate comply with the requirements of Florida Statute 61.13001(3).
5. CONTESTED PROCEEDINGS. In the event that the issue of the proposed relocation becomes contested, the burden of proof is on the party seeking the relocation. Pursuant to Florida Statute 61.13001(8), the party seeking the relocation such show, by a preponderance of the evidence, that it would be in the best interest of the minor children for the relocation to occur. This Court finds that the Former Wife has met this burden.
6. FACTORS UTILIZED IN DETERMINING WHETHER RELOCATION IS IN BEST INTEREST OF CHILDREN. In determining whether to allow the proposed relocation, the Court considered the following factors as enumerated in Florida Statute 61.13001(7). a. The nature, quality, extent of involvement, and duration of the children’s relationships with the parent or other person proposing to relocate with the children and with the non-relocating parent, other persons, siblings, half-siblings, and other significant persons in the lives of the children.
This factor favors relocation. The testimony of the parties was undisputed that both before and after the dissolution of the parties’ marriage, that XX & XXX (hereafter referred to as "the children") primarily lived with the Former Wife and the evidence supports the conclusion that Former Wife will have substantial familial support in South Carolina.
b. The age and developmental stage of the children, the needs of the children, and the likely impact the relocation will have on the physical, educational, and emotional development of the children, taking into consideration any special needs of the children.
This factor favors relocation. While both are old enough to have developed friendships in the area and to understand what it means to move, there was no evidence presented that would indicate that there would be any developmental problems associated with a move to South Carolina. The testimony was not disputed that Former Wife has already located schools in South Carolina and has ensured that both children would be able to matriculate immediately. There was evidence
presented, albeit disputed, that the Former Wife has sought treatment for XXX medical needs (ADD) while the Former Husband has allegedly failed to cooperate. To the extent that the children have any special needs, there is little doubt that the Former Wife will do whatever is necessary to protect the children.
c. The feasibility of preserving the relationship between the non-relocating parent or other person and the children through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the children and the non-relocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent or other person once he or she is out of the jurisdiction of the Court.
This factor favors neither party. The Former Wife has proposed that in the event of relocation, that the Former Husband be permitted a minimum of one (1) weekend every other month with the children, as well as the even division of holidays, and two (2) weeks of uninterrupted visitation during the summer. The Former Wife has proposed that the costs of travel associated with such visitation be equally divided between the parties, and that the parties could establish a reasonable schedule for phone contact. Regardless of the Former Wife’s personal feelings about the Former Husband, she has testified that she will do everything in her power to preserve a loving and meaningful relationship between the children and the Former Husband.
d. The preferences of the children, taking into consideration the age and maturity of the children.
This factor favors neither party. The Former Wife testified that she has not discussed the proposed move with the children in a desire to avoid their emotional entanglement in these proceedings. The Former Husband presented no evidence as to the preferences of the children.
e. Whether the relocation will enhance the general quality of life for both the parent or other person seeking the relocation and the children, including, but not limited to, financial or emotional benefits or educational opportunities.
This factor favors relocation. The Former Wife has testified that her career
prospects as a XXX are limited in Lee County as a result of the current market. On the other hand, the Former Wife presented evidence of a job opportunity in South Carolina as an administrative assistant with XXX South Carolina. While the Former Wife’s testimony that the job appeared to be available upon her move and that the pay would be sufficient "to live comfortably" was uncontroverted. The Former Wife has her parents and grandparents as a safety net in South Carolina.
The testimony of the Former Wife and her father established that if the relocation was granted, that the children would be able to move into the home of the maternal grandparents of the children in South Carolina. The testimony was undisputed that said home is approximately XXX square feet and that each child would have his own bedroom. Given the relative apparent financial strength of the Former Wife’s household in Lee County and the household of the Former Wife’s parents in South Carolina, it appears that the children will have more resources available to them in South Carolina.
f. The reasons each parent or other person is seeking or opposing the relocation.
This factor favors relocation. The Former Wife has sought to move because of the need to earn a living, the need to have a safety net of family, and because of the Former Husband’s current propensity to commit violent acts and to alienate her from her children. The Former Husband has objected to the relocation "...due to interference in the current court ordered visitation schedule..." Other than citing to this fact (any relocation will cause the visitation schedule to change), the Former Husband has listed no actual reason why the relocation would not be in the best interest of the children.
g. The current employment and economic circumstances of each parent or other person and whether the proposed relocation is necessary to improve the economic circumstances of the parent or other person seeking relocation of the children.
This factor favors relocation. The Former Wife has testified that her career prospects as a XXX are limited in Lee County as a result of the current market. The job prospects does not appear very strong, at least in the short-term. On the other hand, the Former Wife presented evidence of a job opportunity in South Carolina as an administrative assistant with XXX, South Carolina. While the Former Husband correctly pointed out that the Former Wife’s testimony that the job appeared to be available upon her move and that the pay would be sufficient "to live comfortably" was uncontroverted.
h. That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and marital debt obligations.
This factor favors relocation. The Former Husband is currently on the Pay-Or-Appear program because of his child support arrearage. There is currently an arrearage of approximately $XXXX at this time. In addition to the child support arrearage, there was evidence presented that the Former Husband has failed to comply with the Court’s edicts regarding his marital debt obligations in the past. For example, the Former Husband did not convey his interest in the former marital home to the Former Wife as required by the Order on Report of Magistrate entered by this Court on July 9, 2009.
Evidence was also presented at trial of at least four (4) separate civil lawsuits
associated with unpaid credit card obligations are pending against the Former Husband. Two final judgments have been entered. The Former Husband has made no efforts to satisfy these debts or even to defend against these lawsuits.
i. The career and other opportunities available to the objecting parent or other person if the relocation occurs.
This factor favors relocation. The Former Wife has testified that her career
prospects as a XXX are limited in Lee County as a result of the current market. The job prospects does not appear very strong, at least in the short-term. On the other hand, the Former Wife presented evidence of a job opportunity in South Carolina as an administrative assistant XX, South Carolina.
j. A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.
This factor favors relocation. The Former Husband has admitted that he has a history of alcoholism. He has been arrested for a DUI since the divorce trial.
Furthermore, a Final Judgment of Injunction for Protection Against Domestic Violence was entered against the Former Husband in favor of XX & XX associated with an alleged attack in 2009. At trial, XX described a brutal attack involving kicking, punching, the destruction of property, the use of profane language, the excessive abuse of alcohol, and most significantly, the threat to throw a defenseless one-year child into a canal by the Former Husband.
The Court also heard testimony about the alleged throwing of furniture and
the smashing of a telephone by the Former Husband. A criminal trial has been scheduled in 2010, and the Former Husband openly acknowledged the possibility of jail time.
7. RELOCATION GRANTED. The Former Wife has the right to relocate to South Carolina with XX & XXX.
8. NEW VISITATION SCHEDULE. The Former Husband shall be permitted a minimum of one (1) weekend every other month with the children, as well as the even division of holidays, and two (2) weeks of uninterrupted visitation during the summer. This schedule shall supersede any prior schedules established by the Court.
9. TELEPHONIC CONTACT. The Former Husband shall be entitled to a minimum of twenty (20) minutes of telephonic contact with the minor children three (3) times per week.
10. DIVISION OF EXPENSES. The parties shall equally divide the travel costs associated with the Former Husband’s visitation with the children.
DONE AND ORDERED in Chambers at Fort Myers, Lee County, Florida, this .
______________________________________
HONORABLE XXX
LEE COUNTY CIRCUIT COURT JUDGE
Pursuant to Rule 1.080, Service
of the foregoing has been made
this _____ day of _________________
, upon:
Matthew Toll, Esq.

How does the law look at "sexual predators" inside the home?

noreply@blogger.com (Daphen Smith, Marketing Director) — Mon, 29 Mar 2010 16:29:00 +0000

Unfortuntely horrible things happen with sexual predators in every state and city.
Below is a letter detailing our response to an attorney representing a sexual
predator in a home along with a divorce. This is why you need an attorney with experience to guide you like Attorney, Matthew Toll at Lusk, Drasites, Tolisano &
Smith. P.A. Please be advised that this office represents the interests of XXXXX. I am in receipt of your Verified Petition for Domestication and your Supplemental Petition for Modification. I have prepared the appropriate responses and my client will be filing her own Supplemental Petition. I do not contest the domestication. I also do not contest the need to update your client’s child support obligation to a level consistent with Florida’s child support guidelines (once I am satisfied that your client has substantiated his current income and that your client is not avoiding income for the purpose of avoiding child support). However, you will need to file a UCCJEA Affidavit to proceed on your Supplemental Petition.
Under ordinary circumstances, my next paragraph would deal with the demands in your Supplemental Petition and seek a way to deal with those demands in manner consistent with the best interest of the children. However, this case is not ordinary. I want you to know that my client has made some extraordinarily severe allegations about your client. Specifically, she has informed me that your client may have sexually molested the parties’daughter. Specifically, the claims are that your client has sodomized XXX, has touched XXX , and has bounced XXX on his lap while XXX was naked. Under these circumstances, it may be necessary to involve the Department of Children and Families and ask the State to adjudicate the children dependent. This may end up as a Chapter 39 proceeding instead of a Chapter 61 case.
My client did not witness these acts. As a result, and as a result of the criminal implications associated with these allegations, I have not specifically listed the allegations in my client’s Counter Supplemental Petition (as family law pleadings are a matter of public record). What I think SHOULD HAPPEN in this case is that your client should agree to meet with a neutral mental health professional and give said professional his version of the events. Said professional would interview your client, my client, and the child, and would try and make an independent assessment of what really happened. After said assessment is made, the parties would agree to abide by the recommendations of the
I would recommend the use of Dr. XXXX to assume this role. Obviously, the way in which I handle this case and the manner in which I advise my client will be strongly correlated to whether or not these allegations can be substantiated.
Please let me know your position with respect to the foregoing.
Sincerely,

Attorney Matthew Toll

Watch Out For Mortgage Relief & Loan Modification Scams

noreply@blogger.com (Daphen Smith, Marketing Director) — Tue, 23 Mar 2010 23:27:00 +0000

Many individuals see an ad from a company that says we can eliminate your debt or I can help you with your "Short Sale". Many of these companies are a scam and its difficult to know who you can trust. If you come and visit one of our attorneys at Lusk, Drasites, Tolisano & Smith P.A. you can know that you will receive the most accurate information and we can handle your loan modification from start to finish.
Below is an example of a current letter that Attorney, Matthew Toll wrote to one of these companies. Visit our website for more information and come talk to our attorney today to handle this problem and get it resolved quickly .
Please be advised that this office represents the interest of client XXX. During 2009 my client executed a working agreement with XXXXX company for the purpose of resolving my clients issues with their mortgage obligations associated with real estate property XXX. According to the contract, the "resolutions" allegedly being sought by your company could include, but were not limited to loan or interest rate modifications, deeds in lieu of foreclosure, forbearance agreements, or other mechanisms designed to eliminate my clients inability to maintain the subject property given the existing obligations associated therewith.
My clients complied with all requirements of the contract, including providing you with all "Application Supporting Documents" required by the contract and all other documentation that you requested or that was required by the contract. Your "efforts", to the extent that anything was actually done, accomplished nothing. The subject property is now in foreclosure, and my clients have hired this office to defend the lawsuit. My office is now in the process of negotiating a settlement - the very service that the contract contemplated that your office would provide. In a way, it is probably a positive that your company did nothing, as the assistance of a 3rd party non-lawyer in re-negotiating the terms of a loan likely constitutes the unlicensed practice of law (and at a minimum, would require a mortgage broker license and affiliation with a mortgage broker business).
While I acknowledge that the contract expressly states that there is no guarantee that you could actually accomplish anything, I question the ethics of an entity that extracts money from individuals facing foreclosure up front when there is a virtual certainly that said entity would do nothing in consideration for the compensation. The business model is even more nefarious when one considers that it was designed to extract fees from those who could afford to pay such fees the least. In my professional opinion, your organization's primary focus was racketeering. Unfortunately, when you chose to defraud my clients, you picked the wrong people from whom to lie, cheat and steal.
Notwithstanding the foregoing pursuant to the "Service Fee" section of the contract, my client had the right to request a full refund. In the event that your efforts were unsuccessful. It is no surprise to me that your efforts were unsuccessful, and my clients sent you a writing demanding their refund of XXX amt.
The matter is now in my hands. I will warn you now that the "corporate veil" does not shield owners of a business who deliberately engaged in criminal fraud. As such, demand is hereby made for you to refund my clients their entire amount. Payment may be in a trust account at Lusk, Drasites, Tolisano & Smith P.A. and must be received by this office with the next 30 days. If you fail to comply by the terms of this demand, my clients will have no choice but to seek legal redress.
for the readers!
THIS IS HOW IT IS DONE! Attorney Matthew Toll

Does your Insurance Company have to reimburse you for replacement cost of your vehicle

noreply@blogger.com (Daphen Smith, Marketing Director) — Mon, 22 Mar 2010 17:22:00 +0000

The answer is NO, the insurance companies only pay the current value (e.g. Kelley Blue Book) of your vehicle. Your vehicle is valued at the condition it was in and mileage is taken into consideration as well. Before settling on an amount with the insurance company, please talk to one of our attorneys at Lusk, Drasites, Tolisano & Smith P.A. This is very important if you have a car loan that could result in you being responsible for additional dollars that you were not aware of.

Celebrities and Personal Injury Cases

noreply@blogger.com (Tiffany) — Thu, 11 Mar 2010 23:31:00 +0000

Personal Injury
When you are injured doe to someone else's negligence, you have grounds to file a personal injury suit. The damages caused may be small, like broken bones, or minor contusions, or severe, like traumatic brain injury, or even death. No matter what the result, if you have been the victim of another's recklessness, you have a right to pursue compensation above what insurance companies decide to pay.

Celebrities and Personal Injury

Celebrities are given a great deal of attention and are often afforded privileges that common people like you and me are. Lifestyle choices like fancy cars, lavish homes, and designer clothes combine to spark jealousy and admiration. Unfortunately, their status can also make them feel like they are above the law. Their ability to hire expensive lawyers, and make public pleas in the media gives them an advantage in cases where they have caused injury or harm to others. For this reason, having an experienced Cape Coral and Fort Myers area personal injury attorney on your side is imperative in cases involving celebrities.

A person's celebrity status may make them feel like they are above reprimand, but in the end, everyone is responsible for their actions. A quick search on the internet can pull up any number of cases where celebrities have caused harm to others, and been forced to pay large settlements due to their negligence. Whether they have caused car accidents, been reckless with a weapon, or been irresponsible pet owners, celebrities have to face the consequences of their actions just like the rest of us.

If you or a loved one has been injured by a celebrity in the areas Cape Coral or Lee County, Florida, please contact the experienced Florida personal injury attorneys of Lusk, Drasites, Tolisano & Smith, P.A. for a free consultation, and review of your options.

Why Settle Out of Court?

noreply@blogger.com (Tiffany) — Thu, 04 Feb 2010 23:31:00 +0000

When you are the victim of someone else’s negligence, you want fair compensation quickly and without hassle. Often times, the process for settling a personal injury case is arduous, as each side attempts to prove or disprove fault. With the experienced Fort Myers and Cape Coral, Florida personal injury attorneys at Lusk, Drasites, Tolisano & Smith, P.A. however, the stress associated with such cases can be greatly reduced.

Settling out of court is almost always in your best interest. Personal injury suits that are settled out of court not only take less time but, in a majority of cases, result in much larger compensation for the victim. We will work to present the evidence of your case in a manner that results in the largest settlement in the smallest amount of time; allowing you to get on with your life and heal. No one wants to prolong or increase their own suffering, and we want to make sure you don't need to.

If you have been injured through no fault of your own, and live in Cape Coral or Lee County, Florida, please contact the Florida personal injury attorneys of Lusk, Drasites, Tolisano & Smith, P.A. for a free consultation.

Child Custody Concerns

noreply@blogger.com (Tiffany) — Fri, 08 Jan 2010 23:38:00 +0000

If you are going through a divorce and have children, chances are you have dozens of questions about child custody that you need to have answered. Whether your former spouse is willing to settle the question of your children’s custody amicably in a settlement meeting, or if you will ultimately find yourself in court fighting for the custody of your children, an experienced child custody attorney may be the only support you can turn to, to help keep your children.

Several factors will be taken into account by the court when addressing the question of who will have primary custody of your children. Those factors may include:

Living arrangements
Emotional health and safety
Educational opportunities
Quality of life
Your children's preference
Parental history of drug or alcohol abuse
Parental criminal record

Even if your spouse has a higher income than you, the court will not automatically preclude you from having custody of your children. While quality of life is important, the children’s health and safety, and each parent’s parenting abilities will be of primary concern.

If you are in the Cape Coral, Lee County, or Fort Myers, Florida area and are facing a child custody decision, contact us today and let Lusk, Drasites, Tolisano & Smith, P.A., help keep your children at home.

Helping Hands in Cape Coral

noreply@blogger.com (Daphen Smith, Marketing Director) — Fri, 18 Dec 2009 16:54:00 +0000

Lusk, Drasites,Tolisano & Smith P.A. sponsored their local Bikers Caloosahatchee Chapter (Abate of Florida). This American Bikers group was founded in 1994 and sponsor families in need throughout the Lee County area. This year Lusk, Drasites, Tolisano & Smith employees joined forces with the Abate group and the Harry Chapin Food Bank to provide dollars needed to pay electric bills and provide needed can goods for eight families that were chosen that needed that little extra Christmas blessing. An extra thanks goes to Attorney Domenic Valentine for coordinating and all the employees who wanted to make a difference in our local community in 2010!

Probate and Wills: Maps for Your Family

noreply@blogger.com (Tiffany) — Mon, 07 Dec 2009 23:53:00 +0000

If you have recently lost someone you loved, you are aware of the joy, sadness, surprise, and frustration that can come at the time of the reading of a will. Family members who expected to receive a particular heirloom or object may be disappointed, and loved ones who had expected nothing may find themselves the unexpected beneficiary of the deceased.

Whether the reading of a will is a happy or sad occasion, or if it can't take place due to the lack of a will, all depends on an individual's planning and foresight before he or she passed away. Even the will of an individual with few possessions can be a comforting document for children or a spouse who would otherwise be burdened with determining the division of property and possessions.

If you have not written a will, have questions about wills, or if you need to update your will, an experienced probate and will attorney can be your best friend for the task. Attorneys at Lusk, Drasites, Tolisano & Smith, P.A., can help you with difficult legal phrasing, can ask you questions you may not have considered, and can act as executors to a document which will insure the safety and wellbeing of your family and friends after you have passed away.

If you are in the Fort Myers, Lee County, or Cape Coral, Florida area and have specific questions about wills and probate, please contact us today and find the answers you need.

Real Estate Law and Review

noreply@blogger.com (Tiffany) — Mon, 09 Nov 2009 22:52:00 +0000

The Florida real estate market has seen a substantial dip in the past few months. For homeowners and businesses this has been a disappointing time. But for buyers, investors, and new companies, now is a great time to find a deal on a piece of real estate. Purchase demands are remarkably low and foreclosures are up, which means that if you are eligible for loans, you might be able to find what you want at a much lower cost than one or two years ago.

However, not every seller and lender is as ethical as you would like them to be. Because a real estate contract is legally binding, even if it was poorly or deceitfully written, buyers’ eagerness to find a great deal on real estate is making them a prime target for predatory lenders.

If you are considering purchasing a home or other piece of real estate, now more than ever you should be sure to have a trusted advisor with knowledge about real estate law review the contract and insure that everything is above board and easy for you to understand.

If you are in the Lee County, Fort Myers, or Cape Coral, Florida areas, please contact us today and let Lusk, Drasites, Tolisano & Smith, P.A., protect you from predatory lenders.

Florida Car Accidents

noreply@blogger.com (Tiffany) — Fri, 06 Nov 2009 15:18:00 +0000

The beautiful Florida sun and the warm temperatures virtually year-round bring many tourists to the state, especially during the summer and winter months. Due to the increased number of drivers on our state’s roads, there is the increased risk of serious car accidents. If you have been involved in a car accident in Florida, you should know your rights. Negligence resulting in a car accident is grounds for a lawsuit. If you are injured due to someone else’s bad driving, you should contact an automobile accident attorney. In the Fort Myers area, the car accident attorneys at Lusk, Drasites, Tolisano & Smith, P.A. have helped countless Floridians following car accidents, and we can help you, too.

If you choose not to seek out the assistance of an experienced car accident attorney and work only with the other driver and the insurance companies, you may lose out on compensation to which you are entitled. We will leave no stone unturned in investigating your case, and we will work diligently to get you compensation for:

Medical bills
Lost wages
Physical rehabilitation
Medications
Funeral expenses (if wrongful death occurred)
Pain and suffering (if applicable)

If you live in the Fort Myers, Florida area and are in need of an experienced auto accident attorney, the lawyers at Lusk, Drasites, Tolisano & Smith, P.A. can help; please contact our office today.

Why Do I Need a Car Accident Attorney?

noreply@blogger.com (Tiffany) — Wed, 04 Nov 2009 15:22:00 +0000

It is estimated that just about every single person will be involved in some type of car accident in his or her lifetime. Many of you have already been involved in one or more, and some of you have been involved in automobile accidents resulting in serious injury or death. If you have been involved in a car accident in Florida, you should know your rights following this traumatic event. If someone was driving recklessly or under the influence of alcohol or drugs and caused injury or death, that person is guilty of negligence; negligence is grounds for a lawsuit in Florida.

The experienced car accident attorneys at Lusk, Drasites, Tolisano & Smith, P.A. can explain your rights following a car accident and give you an idea of what compensation you may be entitled to; if a wrongful death occurred due to someone else’s negligence you may be entitled to compensation for your pain and suffering. Each car accident case differs.

Our attorneys will meet with you at the hospital or your home if you are too injured to come to us. We will work diligently to get you the compensation you deserve; in the past, we have worked tirelessly to get our clients compensation for:

Medical bills
Physical rehabilitation
Medications
Lost wages
Pain and suffering
Funeral expenses (in the case of wrongful death)

If you live in Fort Myers, Florida and are looking for an experienced car accident attorney, please contact Lusk, Drasites, Tolisano & Smith, P.A. today to schedule a confidential, no-cost consultation to discuss your case.

Do you have enough Unisured Motorist Insurace Coverage

noreply@blogger.com (Daphen Smith, Marketing Director) — Mon, 26 Oct 2009 14:45:00 +0000

It is that time of year again when Lee County is experiencing longer traffic delays, throwing your hands up at the driver who stops in the middle of US41 to decide if he wants to turn or not, and of course you never think you are going to be involved in an accident. Call your insurance agent and make sure you have uninsured motorist coverage. This protects you against being hit by a driver from in-state or out-of-state that does not have insurance. Although it varies from person to person, a normal recommendations would be to have $100,000 in uninsured motorist coverage. If you have an accident make sure you call Lusk, Drasites, Tolisano & Smith P.A. for a free consultation.

Dog Bites: Do you have home owner coverage?

noreply@blogger.com (Daphen Smith, Marketing Director) — Thu, 22 Oct 2009 20:17:00 +0000

Did you know that many homeowner insurance carriers exclude many types of dogs such as Pitbull Terriers, German Shepards, Bull Mastiffs, and Rottweilers from injury caused on your property. If you are planning on purchasing a certain dog breed, you should check with your own homeowners insurance to verify if you are protected from any claims made against you and your dog. Many insurance companies now are excluding all dog bites. Responsibility for medical claims and pain & suffering will fall on you personally if not covered properly. Get all the information before you plan on adopting or purchasing that next cute puppy. If you have received a dog bite on someone else property, contact us to talk to an attorney about your rights at no cost to you as an individual.

Foreclosures vs. Short Sale

noreply@blogger.com (Tiffany) — Tue, 20 Oct 2009 20:12:00 +0000

If you have been struggling to make mortgage payments for the last several months but things have been sliding downhill at an increasing rate, you may be faced with a foreclosure. Foreclosures can greatly affect your credit score and make it difficult for you to buy another home within the next few years. Like a bankruptcy, a foreclosure will be visible on your credit report for a very long time.

If you are faced with losing your home, someone may have recommended a short sale to you, which is different than a foreclosure in several ways.

Foreclosure
Foreclosure means the lender receives ownership of the property. You do not pass Go, you do not collect $200. Once the bank has control of your property, it will be sold at auction to the highest bidder, or sold at the lender's discretion. However, you may still be held liable for any difference between the amount you owed and the amount the new purchaser paid for the house. This is known as a deficiency ruling.

Short Sale
In a short sale, you still own the house, and the lender agrees to accept less than the amount owed on the loan. Contrary to the name, a short sale may take months to complete, and your lender may continue to send negative marks against your credit score if you do not continue to pay your monthly mortgage during this time. Although there is no deficiency ruling against a house sold by short sale, the IRS may still count the difference between your outstanding loan and the short sale amount as taxable income.

To find out more about foreclosure law, please contact Lusk, Drasites, Tolisano & Smith, P.A., serving the Fort Myers, Lee County, and Cape Coral areas in Florida.

Facing Foreclosure

noreply@blogger.com (Erica) — Wed, 30 Sep 2009 14:11:00 +0000

If you own your own home, one of your greatest fears right now may be losing your home to foreclosure. The high unemployment rate, dropping salaries and increased taxes are conspiring to create the highest percentage of foreclosure filings within the last few months since the 1980's. If you are facing foreclosure on your house, you are probably looking for the answers to dozens of questions about foreclosure.

Whether you are facing the possibility of foreclosure or if your house is already being foreclosed on, you should be aware that many homes can be saved from foreclosure. Whether by short sale or by making payment arrangements, you may not have to accept a foreclosure on your credit report.

If you are in the Fort Myers, Cape Coral or Lee County areas, resigned to your home being foreclosed on, you should be aware that Florida allows for deficiency judgments against homeowners whose homes have been foreclosed on. This means that, if your home sells at auction for less than the amount you still owe on your loan, you may be held liable by the courts to pay the difference. The best way to avoid a deficiency judgment is to get started immediately by talking to the experienced real estate attorneys here at Lusk, Drasites, Tolisano & Smith, P.A., to find out what you can do to be free of debt on a house you no longer own.

To find the answers to your foreclosure questions today, please contact us and get started on the path to protecting your future.

New Motorcycle Laws Say “Safety, Not Style”

noreply@blogger.com (Evan Langsted) — Mon, 31 Aug 2009 19:16:00 +0000

According to the Florida Department of Highway Safety and Motor Vehicles, two is better than one, and not only better, but required. As of October 1, 2008, all motorcycles and mopeds had to maintain two wheels on the ground at all times while being driven. Wheelies are a known cause of injury and death for motorcyclists. One young man who had returned from military service was killed when, while trying to pop a wheelie, he flipped his bike. In light of this and other incidents, the new law is hardly surprising and violators will receive a ticket costing them $2,000.

This law follows the one that took effect the previous July which requires all motorcyclists to complete a motorcycle safety course and receive motorcycle endorsement on their licenses by passing a motorcycle knowledge and skills test.

These new laws bear the safety of the motorcyclist in mind and lawmakers hope to prevent injuries and deaths by enforcing them. But thousands of motorcycle accidents occur every year because of other causes, often the negligence of other drivers. With those accidents, personal injury or death often occur.

If you or your loved one has been injured or killed in a motorcycle accident, please contact Lusk, Drasites, Tolisano & Smith, P.A., serving Cape Coral, Florida, and surrounding areas, and find out how we can help.

How Brain Injuries Occur

noreply@blogger.com (Evan Langsted) — Fri, 31 Jul 2009 22:29:00 +0000

The National Institutes of Health reports that fifty percent of all traumatic brain injuries (TBI) occur due to direct trauma from vehicle collisions. Approximately twenty percent occur indirectly, from violence including gunshot wounds or child abuse. For older Americans, falls are the leading cause of TBI. Millions of Americans live with TBI-associated disabilities. TBI is a leading cause of death for Americans under age 45, and occurs every 15 seconds in the United States, potentially causing a loss of brain function that can affect cognitive and memory tasks, information processing, and the performance of motor and coordination functions.

Our highly complex brains are soft and float inside the skull, cushioned by cerebrospinal fluid that protects the brain from everyday bumps. A sudden and violent blow to the head can force the soft brain against the hard skull, tearing nerve fibers and sometimes causing bleeding within the brain. In fact, research from Sandia National Laboratories proves that TBI can occur within one millisecond after the head receives a violent blow.

Types of Traumatic Brain Damage

A contusion, or bruising of the cerebral cortex, affects the brain’s frontal and temporal lobes, responsible for long-term memory, speech and hearing.

Whiplash can cause severe stretching of the axons (nerves within the central nervous system), injuring the brain’s deep white matter (the arbor vitae).

Isotropic stress occurs from fast-moving pressure waves that occur during blasts and explosions. Soldiers are at high risk for this type of injury.
Do I Have a Brain Injury?

Common signs and symptoms of TBI include:
• Concussion
• Loss of consciousness
• Pupils are Equal and Reactive to Light (PERL)
• Focal neurologic signs
• Seizures
• Amnesia
• Encephalopathy

The experienced traumatic brain injury attorneys at Lusk, Drasites, Tolisano & Smith, P.A. in Cape Coral and Fort Myers, Florida have the resources and expertise to help you manage traumatic brain injury. Please contact us today to schedule your free initial consultation.

Brain Injury Symptoms

noreply@blogger.com (Evan Langsted) — Mon, 29 Jun 2009 22:53:00 +0000

Each year in America, millions of people suffer traumatic brain injury (TBI) after a sudden and severe blow to the head.

Auto accidents are the leading reason for TBI. Even at low speeds, a blow to the head can bruise, tear and swell the brain, causing temporary or permanent injury to the more than one hundred billion brain cells that oversee the complex mechanisms controlling the body.

Beyond bruising, tearing and swelling, common symptoms of mild to severe TBI include:

Brief unconsciousness, seizures or longer-term coma
Brief or prolonged amnesia
Short-term or chronic headache
Confusion, mood changes
Dizziness, lack of coordination
Sensory or memory difficulties
Nausea, vomiting
Overwhelming sleepiness
Pupil dilation
Slurred speech
Weakness, numbness in arms, legs, hands

Young children with TBI may exhibit restlessness, disrupted sleep or school performance, refusal to eat, and general apathy.

If you or a loved one has experienced traumatic brain injury in Florida, get knowledgeable help from the legal experts at Lusk, Drasites, Tolisano & Smith, P.A in Cape Coral and Fort Meyers, Florida. Please contact us today to schedule a free initial consultation.

Someone Just Ran A Red Light & Crushed Your Car

noreply@blogger.com (bloggertb) — Mon, 22 Jun 2009 14:45:00 +0000

Written by: Attorney Mark P. Smith, Board Certified Civil Trial Attorney,
Lusk, Drasites, Tolisano & Smith P.A.

You're driving along, concentrating on the road, when someone who's is not paying attention runs a red light and rams into your beautiful almost paid for car. What should you do?
1. Don't lose your cool. There is no point in getting into an argument or worse with the careless driver. If possible you should call the police or have someone do it for you. Do not simply exchange insurance information and drive away since many times the other driver will deny later he/she was the one who caused the accident.
2. If you have any doubt whatsoever that you are injured, go in the ambulance or at the very least, have someone drive you to the hospital shortly after the accident. If you are worried about the cost, your own auto insurance will pay for at least 80% of the bill and your health insurance will pay the other 20%.
3. The next step is to properly document both your property and possible personal injury claims. Take a picture of the damage to your car and obtain estimates. Also review your insurance policy to determine what type of coverage you have.
If you are injured, you want to hire Lusk, Drasites, Tolisano & Smith soon after the accident because the insurance company may try to reduce any damages they are responsible for and if you are not represented by a lawyer they simply will not consider your claim as serious as if you are represented. We also know the area and the local doctors who can treat you best.
There are many factors involved in an injury such as unpaid bills, future medical expenses, past and future wage loss, pain and suffering damages, as well as how Florida law applies to all of these. Remember, it just makes sense to have an expert and professionals who can aid you in these personal injury matters at Lusk, Drasites, Tolisano and Smith P.A.

Welcome to our blog

noreply@blogger.com (bloggertb) — Mon, 08 Jun 2009 18:13:00 +0000

Welcome to our blog

Why Auto Accidents Happen

noreply@blogger.com (Evan Langsted) — Sun, 31 May 2009 20:39:00 +0000

In 2007, auto accidents claimed the lives of more than seven hundred people every day. Many of those deaths were preventable, particularly because driving under the influence of drugs and alcohol injured and killed millions of drivers, passengers, bicyclists, pedestrians and bystanders.

Driver inattention also runs rampant. Careless drivers ignore traffic signs and signals, chat on cell phones, apply makeup, change clothes, eat, read and even send text messages while driving recklessly endangering the lives of others. Improper passing, driving on the wrong side of the road and stopping unexpectedly in moving traffic also causes millions of auto accidents each year.

Young or new drivers are particularly at risk. Driver inexperience, driving too fast for road conditions, neglecting to wear a seat belt, driving when overly fatigued, drinking and driving and chatting with passengers injures and kills young drivers and others each year.

Road rage accidents also create a chaotic driving environment that leads to loss of life.

Has the mistake or recklessness of another driver caused injury or death to you or a loved one? The friendly and knowledgeable Florida auto accident attorneys at Lusk, Drasites, Tolisano & Smith, P.A. in Cape Coral and Fort Myers, Florida can help you recover damages for medical bills, lost wages and other expenses. Please contact us to schedule a free personal injury consultation.