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How to Help Your Kids Avoid Florida Summer Camp Injuries

May 26, 2019

by South Florida Injury Law Firm Children Injuries & Accidents Summer Camp Accidents

Every summer, Floridians look forward to that much needed break that summer camp provides: the kids to get away from the daily grind of the school year, and you to get a little breathing room from them.

Exactly how much of a break would it be, though, if you’re still holding your breath in anticipation of your child getting hurt?

Although some summer camp dents and dings will likely happen, there are measures that can and should be taken to help your child avoid the most common injuries.

What measures?

First and foremost, ask questions before you register and get the answers in writing. Whatever your concern, don’t be afraid to ask.

Here are five simple questions whose answers should leave you breathing easy this summer camp season:

Is the Camp Accredited by the American Camp Association?

Every Florida summer camp has the opportunity to become accredited by the American Camp Association (ACA). This organization, in cooperation with Nationwide Children’s Hospital, Ohio State University, and the Association of Camp Nurses, is responsible for monitoring camp-related injuries and illness across the US.

Accreditation signals to you that the camp meets certain standards in providing your child the safety you expect.

How Many Campers Are Assigned to One Counselor at a Time?

As with any activity involving multiple children, the child-to-adult ratio can mean the difference between adequate learning and supervision and nothing more than corralling kids all day.

According to Florida child care laws, the number of children a single staff member is allowed to oversee depends upon age. School age children (age 6 and up) need at least one counselor per 25 children, although less per staffer is always better.

How Are Emergencies, Special Needs, and Issues Like Homesickness Handled?

Most reputable summer camps have doctor-approved health policies and procedures in place, and often they are made available to parents either electronically or by printout.

Often they outline whether or not (and how) camp staff administers medication to campers, and what kind of formal medical training counselors and other camp officials have – CPR, concussion recognition and treatment, swimming, and lifeguarding are a few common certifications.

What’s On the Itinerary?

Look for camps that schedule rest periods between heavy activity. As you would expect, campers get tired, staffers wear out, and incidents simply occur more frequently as the day passes. Downtime can mitigate the issue, ensuring your happy camper stays that way.

Also, chat with your child about all the activities available during camp, so they know what to expect. For example, talk fire safety if there’s going to be any activity around a campfire.

What Type of Equipment Is Required – and Provided?

Additionally, knowing ahead of time what’s on the schedule will allow your child to pack appropriately. Some basics for any Florida summer camp experience include:

Sunscreen
Sunglasses
Hat(s)
Insect repellant
Reuseable water bottle
Lip balm
Band-aids
Antibacterial wipes
Help whistle

Additionally, you may be required to provide your own safety equipment for the various activities offered – namely appropriate footwear.

According to the ACA, “trips, slips, and falls are the most commonly reported causes of injury in day and resident camps.” Consider the activity, the terrain, and the weather. Half of all camp injuries are a result of events in which protective equipment should be worn or used, but wasn’t.

Even with the best preparation, however, accidents can happen, and sometimes they result in injuries that end up being far worse than you could have imagined. If you find yourself in this situation, consulting with an experienced Florida injury attorney may be a huge help.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Keep Your Teens Safe: Alternatives to Driving to Prom

May 9, 2019

by South Florida Injury Law Firm Auto Accidents Automobile Safety Teen Driving

In the height of prom season, across the country, local police and first responders work with surrounding schools, survivors, and other drunk driving prevention organizations to reenact realistic reminders of why teens in their communities shouldn’t drink and drive.

One survivor in Illinois recounted his experience of being ejected through a car window after plowing into a telephone pole following a night of drugs and alcohol, and the time it took afterward to re-learn the basic functions of walking, talking, and feeding himself. He also revealed that of the two who were with him, one was in prison, the other dead.

Closer to home, Palm Beach County first responders partnered with the Health Care District and Royal Palm Beach High School SADD members to present “Shattered Dreams,” a prom night car crash reenactment complete with real police and firefighter rescue.

Despite these tragic true stories, far too many teens innately believe that “it won’t happen to me.”

So, one way parents can further ensure their teens’ safety this prom season is to provide them with transportation options to and from the festivities – and require that they decide well before prom night.

Today’s post suggests some fun and flashy alternatives to driving that are way more stylish than that tired, played-out limo rental or letting one of their friends drive them as part of a group.

Party Bus Is the New Stretch

These vehicles offer standing room and the ability for folks to move around a lot easier than a packed limo – when it’s stopped, of course. They also boast a dedicated area to stock non-alcoholic refreshments and snacks, and usually have great sound systems wired to Bluetooth in passengers’ own playlists. They fit way more people than a limo, too.

The more party people in the bus, the less there are on the roadways alone. This is a great option for that high school crew looking for rock star treatment.

Take the Trolley

A dozen or more of your teen’s closest friends packing a trolley – what could be more fun (and safe) than that? It may take a little research, but depending on your location, where prom takes place, and trolley run times, this could be one of the most cost-efficient and exciting adventures of the evening for them!

One of the many, many people who don’t live in an area with an actual, working trolley system? If everyone wants to invest a bit more, there are also a few charter trolley rentals around the South Florida area you can check into.

Romantic Ride-Sharing

Ride-sharing has hands-down been one of the most quickly-integrated technologies of the last decade – you, your teen, or both may have already used ride-sharing services on different occasions.

Think ride-sharing doesn’t seem very “prom”? Fair enough, but you may not be aware of some of today’s available service upgrades. We suggest looking into UberSelect, UberBLACK and UberSUV options in your local area. These are luxury livery services, offering commercially registered and insured SUV and luxury sedans complete with uniformed drivers.

A Walk in the Moonlight

What about a leisurely stroll to and from the event? It’s a sure-fire way to avoid a traffic accident, and a sweet opportunity to extend a perfect evening.

You can sell it to your little lovebird as a chance for them to spend time alone with each other – but in public, close to home, and with pre-approved check-ins or curfew time so you can reasonably know they’re safe.

If your teen does decide to drive, recommend a combination – maybe suggest driving to prom and then taking a safer alternative home. If they insist on driving round trip, there are other safety tips you can offer to limit distractions, such as keeping it to one couple per vehicle to avoid over excitement and reduce overall number of people at risk of being hurt in an accident. Also, don’t hesitate to remind them that the primary way they can prevent a DUI accident is simple: don’t ever drink and drive.

About the Author:

An Animal Bit Your Kid in Florida — Who’s Responsible?

April 24, 2019

by South Florida Injury Law Firm Dog Bites / Animal Attacks

We live in an animal-loving society. Most of us interact with pets on a daily basis (ours or others), and they are an important part of many people’s lives.

However, it is vital to remember that all animals are, at their core, wild, and sometimes things go wrong. What happens when an animal bites someone? Who’s responsible?

Florida is a strict liability state, meaning that the owner is held liable in most cases, even if the owner had no prior awareness of the animal’s aggression or likelihood of biting someone.

If your child is bitten by an animal, the results can be both traumatic and physically devastating, so it may be in their best interests to seek damages and hold the responsible party accountable. However, animal bite liability cases are often complex, and you will likely need the help of a professional.

In the meantime, we’ve put together this guide covering who’s accountable for animal bites, and how animal bite cases work in our state.

Florida Animal Owner Liability

The animal’s owner can be held liable for an attack in most circumstances.

As mentioned above, Florida is a strict liability state. Additionally, Florida dog bite laws do not require victims to prove that their injuries were a result of the owner’s negligence.

Under state laws, an animal owner can be held liable for injuries if it can be proven that the animal bit the victim, and that the victim was either in a public space or lawfully on private property at the time of the attack.

In addition to strict liability, you can also file a suit on the grounds of negligence if it can be proven that the owner’s negligence was responsible for the attack. To win a negligence claim, you will have to prove that the animal owner breached a duty of care.

Limitations in Florida Animal Owner Liability

Florida law allows for animal owners to be accountable for injuries caused by the animal in most cases. However, there are certain circumstances under which the owner cannot be held liable.

Limitations to animal owner liability include:

The victim was unlawfully on the owner’s property
The victim was provoking the animal at the time of the attack
The animal was defending its owner or someone else in the immediate vicinity from a perceived threat of danger

Additionally, if the animal owner has proper warning signs and precautions in place to prevent an attack, they may not be held liable for damages. However, the victim can still potentially file a claim under these circumstances.

If the victim had some fault in the attack (for example, by provoking the animal), the damages will be reduced by the percentage of fault assigned to the victim.

Statute of Limitations in Florida

Florida law sets limits for how long someone injured by an animal attack has to file a lawsuit. Under state law, the case must be filed in the civil court system within four years of the date of the attack. If you miss the deadline, it’s likely that your case will be thrown out.

Having a child suffer a serious animal bite is a tragedy that no one should have to suffer. Unfortunately, sometimes these things happen despite your efforts to prevent them. If you find yourself in this situation, you need to know what to do after an animal attack to ensure the safety and future prosperity of your child — as well as making sure that the owner is held to account.

About the Author:

What Happens If You Get Into a Florida Car Crash with a Wild Animal?

April 21, 2019

by South Florida Injury Law Firm Auto Accidents

Just under a year ago, a Florida mother and her two toddlers suffered a fatal auto collision with an alligator in South Carolina. According to police, they struck the animal and skidded off the road, smashing into a tree. The vehicle burst into flames upon impact, killing all three.

Unfortunately, if you live in Florida — or anywhere along the Gulf of Mexico — this probably isn’t the first story you’ve heard about an auto accident involving one of these larger-than-life reptiles. In fact, the USDA reports about a billion dollars annually in collision damage due to alligators and other wildlife.

If you have recently experience this kind of accident, and aren’t sure what happens next, an experienced Florida auto claims attorney can help. In the meantime, we’ll share how to avoid animal-vehicle collisions, reduce impact when you can’t, and what happens afterwards if the accident was unavoidable.

Avoiding a Wildlife Accident in Florida

Three common-sense concepts are the most likely way to get you where you need to be without colliding with part of the animal kingdom:

Drive Undistracted. We can probably all agree that you can’t avoid what you don’t see. With technology at our fingertips — some of which is specifically designed to make our driving experiences more enjoyable — accidents due to distracted driving have risen drastically over the past several years. Even if you think you’re alone on the open road – just you, your GPS app, and your playlist – know that you’re not. The primary way you can help yourself avoid a wild animal collision is to keep your eyes on the road.
Know Your Roads. Understanding what wildlife populates your areas, during which seasons, and their basic life habits will help when navigating various landscapes on your regular routes — particularly over hills and at crossing points. Additionally, you should use auto safety features like adaptive headlights to see better. Wild animals are generally most active at dusk and dawn, so you want to be on heightened alert during those hours. Finally, living where alligators are abundant means learning to keep your eyes lower than someone watching for, say, deer.

3.) Keep to Posted Speeds. You may not be aware, but roadway engineers consider every aspect of the environment when developing recommendations for speeds. They look at physics and velocity around curves, distances of straight-aways before drivers become drowsy — everything. Sometimes those low speeds are in place to allow you enough time to brake for local wildlife.

When you do have to stop suddenly, quickly tap your brakes several times to signal drivers behind, lay on your horn to frighten the animal, and then simply brake – do not swerve. You may be able to stop short of an accident, and swerving often leads to greater damage than the actual impact.

Otherwise, braking in the way described will at minimum reduce animal-vehicle impact and associated damage. From there, a few key steps will ensure swift and proper processing of your auto accident claim.

After an Animal-Vehicle Collision Occurs in Florida

Your comprehensive coverage insurance plan protects your vehicle against physical damage from a car crash not caused by a stationary object or another vehicle. That includes wildlife-vehicle collisions as long as your claim meets a few standard requirements.

Generally speaking, you should take these steps:

First make sure that you and any other people involved are okay. If there are serious injuries, reach out to emergency services immediately.
If possible, pull over and do what it takes to make yourself and the scene visible: put on your hazards, and light a couple of flairs if you’ve got them.
Next, call the police to report the accident. Although there is no law in Florida against leaving the scene of an animal-related accident, staying until authorities arrive to let them know whether the animal is alive (in which case they can safely put it down) is the humane thing to do.
Last, if you’re able, take photos. Document the scene, the animal, the damage to your vehicle, and any visible injuries sustained by yourself or any passengers.

Nearly all animal car accidents are handled the same by car insurance carriers. Knowing what damage to look for and how to handle an animal damage claim can save time and money.

About the Author:

Florida Appeals Court Says Insurers Can Be Sued for Bad Faith Sooner

April 10, 2019

by South Florida Injury Law Firm Bad Faith Insurance

Buy a car? Need minimum liability required. Buy a house? Got to have a homeowners’ policy. Living and breathing? Government says you better have health coverage or else.

So why does it seem then that those insurance companies that we hire and pay regular monthly premiums to continue to fight so hard against acting in good faith as we do, paying what is due when it’s time?

While it isn’t the same as insurers simply behaving as they should, at least Florida has a way for you to fight back. Specifically, Florida law says that any person can file a bad faith civil suit against an insurer when that company does not attempt in good faith to settle a claim when it could and should have done so if it was acting fairly and honestly toward its policy holder.

When you file a claim on a current policy with your insurance company, they are required to do all of the following:

Recognize your claim
Investigate in a prompt manner
Respond quickly to your communications
Avoid unnecessary forms which would slow down the progression of a claim
Offer actual reasons for denial of your claim and/or any delays experienced during the process

There are a myriad of examples which may violate its obligations to you as a policy holder, and if an insurer does not adhere to these requirements when dealing with a claim you have filed, you may have reason to file suit for bad faith.

The Second District Court of Appeal in Florida is trying to do its part for consumers as well, offering a recent ruling that effectively says people can now file claims against insurers engaging in bad behavior earlier than was previously allowed.

What exactly happened?

Appeals Court Underlines the 60-day Rule in Florida

Reversing a trial court’s decision, the Second District Court of Appeal drove home the obligation of insurance companies to respond quickly to their members communications by underlining the Florida law regarding the 60-day cure period for bad faith by an insurer.

In their explanation, they wrote: “Section 624.155(3)(d) ‘plainly’ states that ‘no action shall lie’ if damages are paid or corrective action taken within 60 days after a CRN filing” and pointed out that “nothing in Section 624.155 required that an insurer actually receive the CRN before the 60-day cure period begins.”

In other words, when people file an insurance claim, the insurance company has 60 days to deal with it according to the law. Insurers have been extending this period by arguing that the 60 days don’t start until they actually receive the claim.

In this particular case, the plaintiff originally filed the claim electronically. However, because the insurer also asked that a copy of the filing be mailed in after, they argued that their 60 days didn’t start until that printed paperwork arrived in the mail.

The court did not agree. In their opinion, the plaintiff’s claim was officially filed when she clicked “submit” on the electronic form, and the 60-day “clock” for the insurance company began to tick at that moment.

Which makes sense, because at that point the insurer should have the information they need. Waiting for a printed copy is just stalling.

A Win for Those Who Have Suffered Bad Faith Insurance in Florida

This is a nice win for people filing bad faith claims who have had to deal with a variety of delay tactics by insurers. Unfortunately, it won’t stop all of these tactics, and history shows it is the insurance companies that have the twin luxuries of time and resources that allow them to hold off on properly dealing with claims or fighting you through the court system if need be.

What kind of tactics do insurers use?

Allstate has a well-documented aggressive litigation strategy – deny, delay, and defend (actually known as the “three ds” internally). AIG has been outed for practices of undue denials and holding claim payments until policyholders complain. Farmers Insurance Group even bases employees’ performance reviews and pay raises on their ability to meet claim payment goals (i.e., the less paid out, the better).

However, we hope bad faith claim wins like the one described above continue to help turn the tide. While statutes are drawn up and approved by lawmakers, it is common law – the continued judicial precedent developed through the court system which are based on those statutes – that moves mountains.

About the Author:

Floridians: Learn How Drinking Impacts Your Slip and Fall Claim

March 22, 2019

by South Florida Injury Law Firm Slip and Fall

If you recently suffered injuries from night out on the town, you know that slip and fall injuries are no joke. People have received millions of dollars in compensation after slipping and falling at a store or a bar. Maybe you want to pursue one of these lawsuits yourself. After all, the medical bills are starting to pile up.

Before you start to build your case, we have one question to ask: were you drinking when you fell? (There tend to be a lot of slip and fall cases right around St. Patrick’s Day and other big drinking holidays.)

If the answer is yes, you might have a harder time getting the compensation you need to pay for your injuries.

What Does Florida Law Say about Getting Injured While Drunk?

When you take a slip and fall case to Florida personal injury courts, a judge will look over the defendant’s role in the situation and how they could have possibly prevented the injury and kept you safe. However, the judge will also look at how you, and the state of mind you were in at the time of the accident, contributed to the fall.

Additionally, Florida has specific rules about how alcohol plays into slip and fall cases:

“In any civil action, a plaintiff may not recover any damages for loss or injury to his or her person or property if the trier of fact finds that, at the time the plaintiff was injured:

The plaintiff was under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired or the plaintiff had a blood or breath alcohol level of 0.08 percent or higher; and
As a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.”

In other words, if the defendant can present evidence that your BAC was .08 or higher at the time of your accident or show that you were at least 50 percent at fault, your case may be thrown out.

Receipts from the bar or eyewitnesses may validate the assumption that you were over the legal driving limit. Luckily, most store owners don’t have a Breathalyzer on hand for slips and falls, so there are still opportunities to fight this claim.

Comparative Negligence and Alcohol in Florida Injury Cases

Even if you didn’t hit a .08 BAC, alcohol can be a contributing factor in your slip and fall. Alcohol has a serious impact on motor skills and judgment. If the defendant can show that the effects of alcohol contributed to your slip and fall, you could lose your case – and you will almost certainly lose a portion of damages recovered.

What does that mean?

Judges presiding over Florida slip and fall cases make their decisions based on comparative negligence rules. This means that if even a percentage of blame could be placed on the plaintiff, they won’t get the full amount of damages for their injuries.

If a lack of judgment from alcohol is considered 25% of the cause of the slip and fall, the judge may only give the plaintiff 75% of the compensation they asked for when they initially filed the claim – even if they win.

In other words, if you win your case and get an award of $100,000, that will be reduced by 25% to $75,000.

Comparative negligence is an important concept to understand when you are filing a slip and fall claim in general – intoxication isn’t the only factor that can contribute to slips, falls, and the resulting damages. The following factors may also chip away at the damages you recover from your claim:

Poor footwear (slippery shoes, open toes, etc.)
Breaking the rules of the property (dancing on the table, running in places where it is not allowed, etc.)
Getting distracted by things within your control (your phone, music in headphones, etc.)
Ignoring signs or warnings from staff members about slippery or hazardous conditions
Failing to treat injuries right away, which causes more severe damages or injuries

What’s Next for Floridians Who Fell and Got Hurt While Drinking?

This blog post isn’t meant to scare you out of filing a lawsuit and getting the compensation you deserve. We offer you this information to inform you and give you an idea about what evidence you might need to win your claim.

No one wants to lose their slip and fall case. You may need to shift your strategy from focusing on the property’s negligence to focusing on how you can fight claims that you were intoxicated at the time of your accident.

Feel like you’re fighting an uphill battle? Reach out to a personal injury lawyer. They can help you navigate your case, fight claims of intoxication, and build the best strategy for your situation.

If you can prove that the property owner was still negligent in their duties to keep you safe, a drink or two in your system may not get in the way of a settlement. Get the compensation you deserve and start building your case today!

About the Author:

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

March 8, 2019

by South Florida Injury Law Firm Auto Accidents

Worried about Florida Road Rage? How to Stay Safe Around Angry Drivers

No turn signals, sudden stops, swerving – driving on the road in Florida can feel like an accident waiting to happen. Even if you’ve lived in the state your whole life, it can be incredibly frustrating to drive here. Worse, the blame is shared between retirees, tourists, and just downright bad drivers.

Unfortunately, it appears that some Florida drivers can’t let these frustrations go, which has led to the Sunshine State being a leader in road rage cases throughout the country.

Between 2014 and 2018, Floridians reported over 277 cases of road rage. We don’t just mean 277 horns honking or obscenities out the window, either. These cases involved guns, and 20 people have died at the hands of a gunman due to road-related events.

Hopefully, it goes without saying that pointing a gun at another driver doesn’t solve road rage problems. It only puts you at risk of an arrest (or of getting a gun pulled on you!).

Even if you are a Florida driver who doesn’t experience road rage yourself, you may still find yourself at the center of an accident with an angry driver. Use these tips to stay safe while driving on the I-4 and beyond.

Don’t Engage

Road rage incidents typically don’t start with a gun in your face. Most drivers will honk or yell first.

Here’s the good news. Often, you can stop road rage here. Just don’t engage with the driver, even if they start to insult you or start tailgating your car. Get out of their way (safely) and avoid eye contact. Change lanes or slow down in another lane if possible.

Most likely, the driver will continue to move forward and eventually cool down. The more you respond, the more riled up they will get.

Whatever you do, don’t pull over. This gives the driver a reason to get out of the car and confront you.

Know Where Your Local Police Station Is

If, for any reason, you do have to stop while someone is harassing you, make sure help is nearby. Pull into a police station, a fire station, or any public place where people in authority can easily help you. This should hopefully intimidate the driver with road rage and encourage them to keep moving.

Boca Raton Personal Injury Lawyer

Even then, once you pull over, don’t get out of the car until the driver leaves. If they get out of their car, do not get out to confront them. You never know if they are carrying a gun.

Concealed carry is legal in Florida, so even if they do not appear to be carrying when you first see them leave the car, stay in your vehicle. Treat each driver with road rage as if they are carrying a gun.

“Siri, Call the Police.”

If a driver starts to make you feel uncomfortable, but you don’t want to pull over, call the police or 911. Calmly explain the situation and share your location. Keep the authorities on speakerphone until you feel safe.

Making a phone call while driving is not illegal in Florida, but things may change soon. (Texting is prohibited, but only as a secondary offense.) Regardless, it’s better to face the repercussions of an illegal call than risk your life with an angry driver.

If you are driving in a different state and run into road rage trouble, know the laws before phoning the police.

Stay Calm

Road rage incidents can be terrifying. They can also make you angry. The driver has no right to tailgate you, cut you off, start throwing things, or yell at you.

Don’t let this affect you. Don’t give in to their jeers and insults. The moment you start yelling back is the moment you could be blamed for the road rage incident.

Also, remember: road rage incidents can escalate quickly. If you start to brandish a weapon or start breaking the law, you could find yourself in jail or slapped with heavy fines. Take a deep breath and remember not to take the driver’s insults or behavior personally.

How to Defend Yourself after a Road Rage Incident

Could you be found at fault for a road rage incident that you didn’t start? The answer lies in the state of Florida’s comparative negligence laws. If a plaintiff files a lawsuit after a car accident, the judge will have to look at how each party contributed to the accident, as well as the damages caused by the accident. The judge will award damages based on each party’s contribution.

For example, say a road rage incident turned into an auto accident. A driver stopped short and was hit by an angry driver that was tailgating them.

Injuries from the accident lead to a lawsuit. The driver in the front asks for $100,000 to cover the damages of the accident. However, as the judge evaluates the case, they discover that the front driver stopped short to aggravate the tailgating driver.

Fort Lauderdale Car Accident Attorney

This has a significant impact in the case. The judge determines that the front driver is 40% at fault for the accident. The front driver only receives 60% of the damages, or $60,000, from the defendant.

This is why it’s so important to stay calm during a road rage incident. Your attitude can keep you safe and prevent you from losing money if the incident results in a lawsuit.

About the Author:

Filing a Homeowners Insurance Claim in FL? Know Your Rights

March 1, 2019

by South Florida Injury Law Firm Bad Faith Insurance Homeowners Insurance Insurance Claims

As a homeowner, you pay your premium for homeowner’s insurance trusting that your insurer will do right by you in the event that the worst happens. That they will pay out for covered damages. This is known as acting in good faith.

Although most insurers operate ethically and meet their obligations to policyholders, it’s also important to remember that insurance companies are still businesses. They always have their own bottom line in mind. This means that it’s in the company’s best financial interest to pay out as little as is legally obligated for every claim that is filed. Sometimes they even go so far as to act in bad faith by avoiding their obligation to you.

As a homeowner, you can maximize your chance of receiving a full payout by making a few preparations ahead of incurring any damages, and knowing your rights when it comes time to file a claim.

To help you do this, we’ve put together a guide for Florida homeowners that details how to get the most out of your coverage, and also what rights you have as a policyholder during the claims process.

Before the Storm

Taking preventative measures before damages occur to your home will greatly increase your chances at getting the maximum possible payout on future claims, and also ensure that you will be eligible to receive compensation for covered damages to your home.

What does this entail?

Taking Inventory

Taking a room-by-room inventory of your home will enable you to provide complete and accurate information to the insurance company for easy processing of your claim. Having detailed documentation ready ahead of time will make the process much more hassle-free, and ensure that you receive full compensation for damages to your home and possessions.

Take a room-by-room inventory of valuables, electronics, furnishings, appliances, and clothing, including the estimated value of each item. Also don’t forget other areas such as closets, the basement, the attic, sheds, and major appliances such as your HVAC system.

Once the inventory is complete, estimate the full replacement cost of your property using current prices, and compare that amount to the coverage limit on your homeowner’s policy. If you feel that your property value exceeds your coverage limit, consider increasing your coverage.

Maintenance

Insurance companies will not cover damages that occur due to improper maintenance. For example, if you fail to maintain your roof and sustain water damage from a major storm, this damage may not be covered.

Make sure that your home is properly maintained by addressing maintenance concerns and hiring qualified professionals to perform routine maintenance checks.

Safety Preparations

If a major storm is headed your way, make sure that all policy information and your property inventory are in place and readily available should filing a claim become necessary.

Also make preparations to keep your family safe. For example, filling up your gas tank ahead of time should evacuation become necessary, planning evacuation routes, making advance plans for your pets, and securing your home against damages as best you can.

Should the need to evacuate arise, make sure you take important documents with you. This includes documentation regarding your home, personal documents, tax returns, insurance documents, and any important medical information for your family members.

The Homeowners Insurance Claims Process in Florida

If your home sustains a covered damage or loss, you should first determine if the loss exceeds your policy deductible. If it does, report the loss to your insurance company as soon as possible by filing a claim. If the covered loss is due to a hurricane but is less than your deductible, you should still file a claim, and make sure you save all invoices for repairs.

It’s important to file a claim in this case because your hurricane deducible is calculated by calendar year. This means if you’re hit by another hurricane later in the season, your prior damages will be applied to your deducible.

If your home has been damaged, you should make emergency repairs to prevent further damage. For example, if your roof is damaged, you should place a tarp over the damaged portion to prevent further water damage to your home. Keep all receipts, and avoid making structural repairs or throwing away any damaged personal property.

Keep a log of the dates, times, and names of everyone you speak to regarding your claim. Communicate in writing if at all possible, and keep a copy of anything you sign.

When you file a claim with your insurer, an adjuster will normally be assigned to inspect your home and estimate the extent of the damages. Make sure that your adjuster is licensed by the state of Florida, and don’t hesitate to hire a public adjuster to negotiate the value of your claim with your insurer.

Options for a Florida Homeowners Insurance Claim Dispute

In some cases, you may still need to dispute your claim despite making your best effort to keep the claims process running smoothly. In this case, you can file a dispute with the insurance company, which can often be resolved by mediation or appraisal by an independent adjuster.

If you believe your insurance company is acting in bad faith by failing to meet its obligations to you as a policyholder, read up on what constitutes bad faith insurance, then consult with a Florida insurance lawyer to discuss filing a bad faith insurance claim.

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When Their Loved One Was Cremated Ahead of Schedule, They Called Us

February 21, 2019

by South Florida Injury Law Firm Funeral Home Negligence

When Harry Davila and his children first came to us in September of 2018, they were heartbroken and deep in grief. Harry had lost his dear wife Mary, and his children had lost their beloved mother.

However, their sorrow not only came from the fact that they lost her to breast cancer earlier that month, but also because they never got a chance to say a proper goodbye to their mom.

Why? Because the mortician wrongfully cremated her before the scheduled viewing for friends and family.

The cremation was supposed to come a day after the viewing, which had been scheduled for September 20^th, 2018. However, a day before the viewing, the family received a call from the funeral home informing them that Mary’s body had been wrongly cremated.

It was hard for the family to understand how this could have happened. They had expressed their wishes clearly to the funeral home, but apparently someone wasn’t paying attention.

There probably isn’t a thing on Earth that’s more painful than losing a loved one. When a funeral home acts negligently while you are in the midst of that trauma, it’s just another twist of the knife.

The Davila family trusted Coral Springs Funeral Home with one of the most sacred duties we can give to another, and they utterly failed in their responsibility.

When Florida Funeral Homes Act with Negligence, Families Lose Faith

Unsurprisingly, this mistake caused the family to lose all faith and trust in the funeral home. One of Mary’s daughters even told us that she wasn’t fully convinced that the ashes they received from the home actually belonged to her mother.

Can you imagine living with that fear? With that unanswered question?

It’s not something that anyone should ever have to go through, and in fact funeral homes have a duty to ensure that things like this never happen. Consequently, the family has filed a lawsuit against Coral Spring Funeral Home, suing them for damages in excess of $15,000.

This case is just beginning, but here at The South Florida Injury Law Firm, we will do everything in our power to see to it that this family is compensated fully, and that justice is served.

Sadly, this case is just one of many. There are numerous ways that mortuaries, funeral homes, and cemeteries can be negligent.

Types of Negligent Behavior Florida Funeral Homes Can Engage In

A funeral home may be held liable for negligence if it fails to provide the service that it was contracted to provide. Examples include:

Losing, mishandling, or assaulting the deceased’s body
Cremating, burying, or presenting the wrong body at the funeral
Stealing personal property or selling body parts from the deceased
Switching the casket you select with a cheaper or defective casket
Failing to embalm or maintain the body in an acceptable manner
Committing an offense concerning the body of the deceased as outlined in Chapter 872 of Florida Statutes

Negligent Funeral Homes in Florida Should Be Held Accountable

It’s horrifying to think about all the ways a funeral home can be negligent. It’s even worse to have a personal experience in which the body of your loved one is mishandled or abused by a funeral home.

If you should ever find yourself in this position, know that you have the right to sue if a funeral home neglects, abuses, or is reckless with your loved one’s body. A skilled Florida personal injury attorney will work hard to make sure the negligent funeral home is held accountable, so that they will not be able to engage in this type of behavior again, and so that you get the compensation you need and deserve for any emotional distress caused by their actions.

About the Author:

My Brakes Went Out and I Crashed – Who’s Responsible in FL?

February 14, 2019

by South Florida Injury Law Firm Auto Accidents Personal Injury Personal Injury Claims

This may be obvious, but if you are at fault in a car crash, you can’t receive compensation from anyone.

However, you may be too quick to blame yourself if your brakes failed and caused the crash. There are a number of parties who could potentially be at fault for your car accident, so don’t chalk it up to user failure until you speak with an attorney.

Keep reading to know what to do after this type of crash and who you may be able to hold responsible.

Potentially Liable Parties in a Florida Car Crash Where Brakes Fail

You. Okay, we know we said you shouldn’t jump to this conclusion – and you shouldn’t. However, you do have to consider the possibility.

If you neglected maintenance on your car or did work on the vehicle yourself, there’s a good chance that you are the one who is going to be found responsible.

Don’t panic yet, though. There are other possibilities.

Car manufacturer. This is probably the potentially responsible party that will occur to you first. After all, it’s possible that the actual brake part was defective. If this is true, you may be able to file a product liability case. A skilled injury attorney will be able to look at the facts and tell you whether they believe you have a strong case to hold the car manufacturer liable for your injuries.

Part seller or manufacturer. Even if you did the work yourself, it’s possible that you could have been working with a defective part you bought from the parts store. In this case, the responsible party could be the seller or the company that manufactured the part and sold it to them.

Auto mechanic. Another possibility exists with your car mechanic. Let’s say you recently got work done on your car. If the car mechanic either did not install a part correctly, or failed to do a complete inspection, the mechanic could be named in a lawsuit.

Of course, knowing who can potentially be held liable is just the first step. In order to actually win a case against them in court and get the compensation you deserve, there are a number of things that you will need to do.

What to Do After a Florida Car Crash

Regardless of who or what caused your crash, it’s vital that you seek medical care as soon as possible following your crash. Some serious injuries do not show up right away, and this is the best way to verify you’re okay – or at least catch things before they get worse.

Additionally, your medical record will be a crucial piece of evidence if you need to file a personal injury claim.

Be sure to consult with a Florida injury attorney soon after your car crash. In Florida, you have four years to file a case from the accident date. If you miss that deadline, you cannot gain compensation.

What If Florida Courts Find That You Are Partially Responsible?

Due to the laws in Florida, your compensation amount will be adjusted according to the pure comparative negligence rule. If you are at least partially responsible for the accident, your compensation will be adjusted by your percentage of fault.

For example, if your mechanic failed to complete an inspection on the brakes, but you were a distracted driver at the time of the accident, you may be deemed 30 percent at fault for the accident. In other words, if you are awarded $100,000 in compensation, if you are found 30 percent responsible, you’ll only receive $70,000 of that award.

Still, if you’re in an accident where you get hurt and accrue medical bills, even partial compensation is going to be well worth it.

About the Author:

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