South Florida Injury Law Firm Attorneys Broward Palm Beach Case Review

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.

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.

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:

Family Trip for Spring Break? How Florida Parents Can Keep Kids Safe

February 13, 2019

by South Florida Injury Law Firm Children Injuries & Accidents

Are you traveling with your children over spring break? Use these tips to keep your kids safe while you enjoy your family vacation.

Prepping for Your Trip

Since a trip to the emergency room is needed in a shocking 25 percent of all family vacations, it’s wise to prepare ahead of time for family safety.

Medical Kit

Make sure to take a medical kit along. If any of you are on prescription medications, it’s important to pack your medicine and dosage information just in case you need to head to the hospital. Any other important information, such as reports of recent illnesses or surgeries and your child’s immunization records, should be packed to help travel doctors in case of injury.

It’s wise to pack pain relievers, allergy medicine, and treatments for colds so you don’t have to make an emergency run. Consider also packing cough drops, bandages, antibacterial ointments, and a thermometer. Motion sickness remedies are a must, along with antibacterial gel, and wipes to keep viruses from spreading.

If you are flying, be sure that everything in your kit will pass inspection. It will help to buy items in pill or chewable form instead of liquid forms when possible.

Research

Check if your child’s pediatrician will be available for phone calls or video chats in case an unexpected situation arises. Your insurance provider may also offer a round-the-clock consultation service, which can come in handy if problems arise overnight.

Also make sure you locate the closest emergency services to your destination. Then you’ll be prepared for the worst and avoid scrambling for answers in a stressful moment.

Travel Insurance

If you or your child ends up needing hospitalization during your trip, travel insurance will cover the days you miss of your vacation. It will also help if you are traveling to an area where medical accommodations may not be up to your standards. Choose a policy with evacuation coverage that will allow you to relocate to an area with improved medical care.

Health Apps

A health app such as iTriage can give you information on your child’s symptoms if a doctor isn’t immediately available. Check for other apps that can offer you solid information and download them before your trip begins.

Childproofing Items

If you have young children, pack your own outlet covers, doorknob covers, cabinet and toilet locks, and any other childproofing items you use in your own home.

At Your Destination

Safety doesn’t stop when you arrive at your destination. Here are some things you can do.

Fully inspect the area for any obvious dangers. Place breakable items or liquids up high where your child cannot reach them. Secure trip hazards like electrical cords, and make sure that doors and windows remained locked.

When using childcare providers. If you are leaving your child in another’s care, ask many questions about the care provider. Be sure to get the provider’s contact information. Inspect the area, making sure that it looks clean and that the toys are appropriate for your child’s age. Look over the playground and try to find signs that equipment is broken or unreasonably dangerous.

Check with the hotel. If you are staying in a hotel, ask the hotel manager or front desk crew to direct you to an urgent care facility or recommended doctor. The hotel may have basic medical supplies on hand, such as bandages, pain relievers and cough drops.

You may be able to order chicken broth and orange juice from room service, which can help your child recover from an upper respiratory infection faster. Also, let the front desk know you have a sick child so they can take extra precautions from getting sick when they clean your room.

Be Flexible

Minor injuries and illnesses don’t have to ruin everyone’s spring break. You can modify your plans to stay in your room and enjoy the rest by ordering takeout or room service and pay-per-view movies. Break into groups, sending the healthy ones out so your sick child can rest and recover. Take turns caring for your sick child so the adults can each have fun, too.

Be Alert

If you believe your child was injured due to someone else’s negligence, you may have rights to compensation for your child’s medical treatments.

For example, if your child became ill after eating room service food that may have been undercooked, the hotel may be liable for your child’s medical care. Other examples include injury due to scalding hot water, protruding sharp objects, or slippery floors.

No one can stop every possible accident or injury from occurring, but by being vigilant, you can decrease your child’s chances of being seriously hurt.

About the Author:

Florida Nursing Home Abuse: What Exactly Is It?

January 25, 2019

by South Florida Injury Law Firm Nursing Home Abuse Nursing Home Neglect

When you put your loved ones in a nursing home, you leave them in the trust of staff members who are supposed to be trained in caring for older adults. Who have a duty to make sure that the patients living in their facility get the help and attention they need. This is especially important for those who have been diagnosed with Alzheimer’s, dementia, or other serious conditions and are especially vulnerable.

Unfortunately, sometimes staff members or management actually take advantage of this vulnerability and use your loved one’s confusion to their advantage. This may result in nursing home abuse, an offense which brings thousands of Floridians to court each year.

Understanding what nursing home abuse is and the different ways an elderly loved one can be victimized while in long term care in Florida can help you to spot the signs and prevent bad situations from escalating.

What Is Nursing Home Abuse in Florida?

“Nursing home abuse” is an overarching term that defines an action (or lack of action) that knowingly and intentionally causes harm or the risk of harm to an older, vulnerable adult. Any type of caregiver within a nursing home or other long term care facility can be charged with nursing home abuse, so long as they have a duty of care to the alleged victim.

How common is nursing home abuse? The exact numbers are not known, but research from the Administration for Community Living suggests that “at least 10% of older Americans – approximately 5 million persons – experienced emotional, physical, or sexual abuse, financial exploitation and neglect each year.”

Let’s look at these five different types of nursing home abuse. If you suspect that your loved one may be a victim, reach out to a skilled Florida personal injury lawyer immediately.

Physical Abuse

One of the most obvious types of nursing home abuse is physical abuse. Examples of physical abuse in a nursing home could include:

Hitting, slapping, punching
Unnecessary rough handling or aggressiveness
Threats of physical danger

If you notice signs of physical abuse (bruises, scars, etc.) do not hesitate to report them. Keep a close eye on your loved ones and do not be afraid to ask them if they have experienced any abuse. You can also use resources from the National Center of Elder Abuse to find numbers that you can call after suspected abuse has occurred.

Sexual Abuse

Sexual abuse is a form of physical abuse that involves sexual contact with a senior without their consent or when they are unable to give their consent.

Not only is this something that happens throughout nursing homes, often reporting the abuse to the nursing home itself isn’t enough. CNN looked at data from 2013 to 2016 and found over 1,000 cases in which nursing homes mishandled or failed to prevent alleged sexual abuse.

Emotional Abuse

Emotional abuse does not involve physical harm, but can still be just as dangerous to vulnerable adults. Nursing home staff can emotionally abuse a resident through:

Intimidation
Repeatedly blaming the victim for wrongdoing that was not their fault
Humiliation or ridicule
Menacing or threatening the victim

These acts can lead the victim to feel depressed, intimidated, or severely fearful. Stress and fear can greatly impact a person’s physical well-being. If you see unusual fearful or timid behavior from your loved one, you might want to investigate further.

Financial Exploitation

Older people who are confused may not always know where they are, who they are talking to, or what documents they are signing. If a nursing home staff member hands them a document and tells them to sign, the victim may feel pressured – or just blindly trust the person with authority. Unfortunately, these documents may hand over money to the nursing home or even the employee themselves.

Neglect

Not all types of elder abuse comes from an employee’s actions. Their inaction can be just as dangerous to your loved one. Neglect is a serious form of nursing home abuse.

Nursing home staff have a specific duty of care to your loved ones. If they need help with transportation or walking, staff should be ready to help them. If your loved one needs help with feeding or going to the bathroom, staff should have someone available for those services as well.

When you put your loved one in a nursing home, you expect a certain standard of living them. When nursing home staff neglect to attend to these duties, your loved ones could suffer – especially if they need help with basic activities like eating or going to the bathroom.

Signs of neglect include:

Sudden weight loss or gain, signs of malnutrition
Bedsores
Dehydration
Withdrawal from family and friends, sudden changes in behavior
Hazards present throughout the room or facility

All of these signs and symptoms of nursing home abuse should be addressed immediately. Once you can prove that the nursing home was abusing your loved one, it may be time to take them to court.

About the Author:

Chain-Reaction Crashes in Florida: How Fault Is Determined

January 17, 2019

by South Florida Injury Law Firm Auto Accidents Multi Car Accidents

Car accidents can result in tens (if not hundreds) of thousands of dollars in medical bills, lost wages, and car repairs. How is it decided who will have to pay for these damages and bills?

In Florida, it usually starts with personal injury protection (PIP). If you experience damages that add up to less than $10,000, it doesn’t matter who caused the accident. Florida car insurance will cover that amount and you won’t have to bring your case to court.

Unfortunately, this is rarely the case in chain-reaction crashes. Damages can stay relatively low if only one or two cars are involved. However, when three or four cars are in a crash, there is little chance that that the bills will stay under $10,000.

So, how does Florida determine who is at fault for a chain-reaction crash? They look to see what negligent behavior caused the auto accident.

Negligent Driving Behavior in Florida

It only takes a second for a driver to commit a negligent behavior and put themselves (and others) in danger. What does “negligent behavior” mean in terms of driving, though?

Drivers have a duty to follow certain rules of the road and practice safe driving. If they neglect to stick by these rules, they could have to front the bill for a serious accident.

Negligent behaviors on the road include:

Speeding
Swerving in and out of lanes without using a turn signal or looking for other drivers
Driving on the wrong side of the road
Driving without lights on at night
Texting or talking on the phone while driving
Any form of distracted driving
Driving under the influence of drugs or alcohol
Not wearing a seatbelt
Driving a car that has not been inspected

This type of driving may also be called “reckless driving” or “careless driving.”

Negligent behavior only goes so far if it directly causes a car accident. Let’s see how this might play out in a case involving a chain-reaction crash.

Pretend you are Driver A. Driver B is behind you, and Driver C behind them.

Driver C rear-ends Driver B, causing them to rear-end you. The chain reaction crash racks up $150,000 worth of damage and medical bills combined for all three drivers.

In court, it turns out that Driver C was texting when they hit Driver B. Due to Driver C’s negligence, they will have to pay for all of the damages.

Of course, as any experienced Florida injury lawyer can tell you, it doesn’t always work out this way.

Comparative Negligence Could Prevent You from Getting Your Full Amount in Florida

Let’s stick to this example. If Driver C is the only negligent driver, then they will have to foot the bill and cover the damages.

However, what happens if Driver B rear-ended Driver A because they were also negligent? Does Driver C still have to cover their damages?

Not under Florida’s comparative negligence laws. If drivers file a lawsuit for damages, but partially contributed to those damages, they will only receive a portion of the compensation they asked for. For example, if a judge determines that Driver B and Driver C both equally contributed to the damages in the chain-reaction crash, they will most likely have to pay equal amounts of damages to the victims.

Collect All Information Before You Go to Court

Florida’s comparative negligence laws often encourage drivers to point fingers at each other in a crash and try to spread the blame around.

If you are involved in a chain-reaction crash, prepare for this type of finger-pointing and collect as much information as you can to defend yourself. With the help of a personal injury lawyer, you can get the compensation you deserve for any type of Florida car crash.

About the Author:

You Fell and Got Hurt at a Club on New Year’s – Can You Sue in Florida?

January 11, 2019

by South Florida Injury Law Firm Premises Liability Slip and Fall

For many people, the last night of the year is the most fun. You dress up, get together with all of your friends, have some booze, hit the clubs, and ring in the new year.

What happens when your New Year’s Eve isn’t so fun, though?

We’re not just talking about hangovers. Sticky floors, spilled drinks, and low lights can be a recipe for disaster. If you slipped and fell at a club while celebrating New Year’s this holiday, you may be facing more than just a headache at the beginning of 2019.

Slip and fall cases are some of the most common premise liability cases in the field of personal injury law. How do the rules of slip and fall lawsuits apply to accidents that occur in nightclubs and other places that pose greater risks? Let’s explore.

Florida Slip and Fall Lawsuits: The Basics

Before we talk about nightclubs specifically, let’s zoom out. What does a Floridian need to file a lawsuit against any property where they slipped and fell?

Duty: Property owners owe a certain duty to keep visitors or patrons safe. Mall owners have a duty to maintain the walkways, parking lots, stairwells, and so on. Grocery stores and restaurants need to make sure spills are cleaned up quickly.

Breach of Duty: The next step is to prove that the defendant neglected to fulfill their duties. In many slip and fall cases, the defendant saw a hazard (a spilled drink, uneven floors) and simply ignored it. This hazard created an unsafe environment for patrons.

Injury: In order for the plaintiff to win their case, they will have to prove that the breach of duty (and therefore, the defendant’s neglect) is what caused their injury. In other words, you would need to show that your slip and fall due to the wet floor resulted in your injuries rather than them coming from somewhere else.

Damages: It’s not enough to get injured. You also need to be able to prove that your injuries resulted in financial losses for you, or damages. For example, you can receive compensation for medical bills and loss of income if you are able to show that they were due to the injury.

How Slip and Fall Injuries Work in a Florida Nightclub

In broad daylight, it’s easy for employees or property owners to recognize a hazard and take appropriate action. In a dark, crowded nightclub, though, how are staff able to recognize every time a drink spills and rush to clean it up?

Florida courts take into consideration the fact that property owners and employees have a duty to their patrons within reason. It is probably unreasonable to argue that a nightclub owner should clean up every spill throughout the night within moments of them occurring. However, it should be reasonable for nightclub owners to enforce rules that prevent slip and fall hazards.

This is what happened in Feris v. Club Country of Fort Walton Beach. In this case, a patron filed a lawsuit after they slipped and fell on the dance floor. The defendant won the case “because there was circumstantial evidence of “active” negligence by employees of the premises (i.e., not enforcing the rule against allowing drinks on the dance floor), a recurrence of spills on the dance floor, and the existence of liquid on the floor for a sufficient amount of time.”

In plain English, the club had a rule that patrons could not bring drinks on the dance floor. This rule was put in place to keep patrons from slipping, falling, and hurting themselves. However, negligence occurred when the staff saw patrons breaking the rules and did nothing about it. By ignoring those rules, the employees put patrons at risk and breached their duty to keep everyone safe.

This is not the only case when victims can sue for negligence. If, for example, you fell down a flight of broken stairs at a club, you would likely be able to file a lawsuit. Likewise, if the club failed to warn patrons that the floor would be sticky after a “foam party,” you might be able to file a lawsuit.

What to Do If You Want to Win Your Florida Slip and Fall Lawsuit

Now that you know you can sue, the question becomes: what next?

Likely you will want the experience and knowledge of a good Florida personal injury lawyer. Before you even contact them, though, there are things you can and should do.

Make sure you seek medical attention for your injuries as soon as possible. Collect as much information as you can about the night and the specifics of the situation. Seek out witnesses and other evidence (maybe someone took a video on their smartphone).

The more you can prove, the likely you are to win your case and get yourself the compensation you need and deserve.

About the Author:

Your Florida Funeral Home Was Negligent — What Do You Do?

January 3, 2019

by South Florida Injury Law Firm Funeral Home Negligence

No matter what type of sendoff you choose to give a deceased loved one, you want it to be respectful of them. This why many people turn to funeral homes – in the hope that they will show their loved one the care and dignity they deserve on their journey to their final resting place.

Unfortunately, funeral homes sometimes betray that trust when, through negligence or fraud, they mishandle or fail to prepare and maintain the remains of a loved one like they are supposed to.

Such was the case when a Florida man entrusted a Queens’ chapel and cemetery to prepare his late father for burial. When the burial didn’t go quite to plan, the man blamed both the chapel and the cemetery for ruining his father’s funeral on November 13^th, 2018, ultimately bringing a $5 million lawsuit against both entities for negligence.

How does suing these types of entities work?

Suing a Funeral Home or Other End-of-Life Business in Florida

State law in Florida allows you to seek compensation from a funeral home or mortuary that is negligent in its handling of the remains of your loved one. People have brought funeral homes and cemeteries to court for the psychological and emotional distress that occur when a funeral home engages in negligent behavior.

Individuals who can sue for funeral malpractice and negligence in Florida include:

Surviving children
Surviving spouses
Surviving parents
Anyone listed in the will of the deceased as being entitled to the estate detailed in that will

Florida Funeral Home Negligence Explained

Funeral home negligence occurs when a funeral home:

Fails to perform the services that are required by their licensure
Fails to honor the agreement outlined in the contract with the loved ones of the deceased
Fails to offer the services it was paid to perform
Fails to uphold the funeral rule
Mishandles a corpse
Abuses a corpse

The extents to which a funeral home or mortuary can be negligent are reasonably broad. There are also times when, though the level of service provided falls short of your expectations, the funeral home isn’t being negligent.

Because of this, it is vital that you understand when poor service reaches the level of funeral home negligence. Talking to a funeral home and cemetery injury attorney is therefore a critical aspect of determining whether there are grounds for filing a negligence lawsuit.

Specific examples of funeral home negligence include:

Losing the body of the deceased
Providing the wrong body at the funeral
Mishandling the body of the deceased
Selling parts/organs of the deceased’s body
Performing sexual acts on the body
Stealing personal property from the body of the deceased
Failing to embalm, bury, or cremate as contracted
Replacing the casket provided without consent
Burying the wrong body
Using the wrong gravesite

Taking Legal Action Against Funeral Home Negligence in Florida

Besides the cases mentioned above, they are countless other ways that a funeral home or cemetery can be negligent. The negligence, and sometimes exploitation, are definitely something against which legal action can be taken. Everyone has the right to file a personal injury claim for negligence, exploitation, or abuse by a funeral home.

Remember, since your deceased loved one can’t fight for his/her rights, it up to you to ensure that they are not dishonored in any way while under the care of a funeral home. Contacting a knowledgeable Florida injury lawyer gives you the best chance at getting justice and making sure the negligent parties are held accountable for failing in their duties.

About the Author:

Electrical Dangers Floridians Should Avoid When Decorating This Year

December 16, 2018

by South Florida Injury Law Firm Electrical Injuries Electrocution

Electrical mishaps with Christmas decorations are a common theme of classic Christmas comedies. However, in real life, electrical hazards are nothing to laugh about.

Electrical fires, such as those resulting from faulty holiday decorations, cause about 25% of all house fires. Moreover, Christmas tree fires are a leading cause of house fires around the holiday season, and they are deadlier than most other house fires. Seasonal decorations are also associated with electrical injuries.

However, putting simple safety precautions into practice dramatically reduces the risks of electrical dangers such as fire and electrocution. Following basic safety guidelines can help prevent serious electrical and fire hazards as your family enjoys holiday festivities.

Below, we’re going to provide guidelines for avoiding common holiday electrical hazards to help your family enjoy a safe winter holiday season. Happy Holidays from all of us at The South Florida Injury Law Firm!

Holiday Electrical Fire Prevention in Florida

Electrical fires are a common holiday electrical hazard. Which makes sense. After all, holiday decorations are kept in storage for most of the year, where they may become damaged.

Moreover, many homeowners don’t exercise the same level of caution they ordinarily would when putting up permanent decorations, as holiday decorations are only intended to be displayed for a short while.

Due to all these factors, electrical fires can and do happen.

To decrease your chance of an electrical fire:

Check any electronic decorations and light strands for damage, such as frayed wires, broken sockets, and loose connections. Discard any damaged decorations.
Do not use metal hangers (e.g. tacks, staples, or nails) when hanging electrical decorations.
Do not connect more than three strands of lights to a single extension cord.
Ensure that extension cords are in good condition. Discard and replace any cords that are damaged.
Unplug decorations when they are not in use.
Consider using LED holiday lights, which give off less heat, and are therefore less likely to spark and catch fire.
Never use electrical decorations on a metallic tree.

Christmas Tree Fire Prevention

Every year, Christmas trees cause over 200 house fires. Christmas tree house fires are also deadlier than other house fires. However, you can decrease your chances of a Christmas tree fire by selecting the right tree and taking appropriate safety precautions.

The safest type of Christmas tree is an artificial tree labeled as “fire resistant.” Although these trees can still catch fire, they are much more resistant than live Christmas trees and conventional artificial trees.

If you do choose to use a live tree (we love the smell, too!) make sure to buy a fresh one. A fresh tree is green, and the needles will not break when bent between your fingers. The bottom of the tree should be sticky with resin, and the tree should not lose many needles when tapped on the ground.

Once your tree is home, be sure to set it up away from heat sources such as radiators. Water live trees daily to prevent them from drying out. It may also be helpful to buy live trees later in the season, so they are not on display for too long – eventually they will dry out, even when watered.

(Safely) Installing Electrical Decorations

Every year, thousands of Americans are seriously injured while installing holiday decorations – especially electrical decorations. Common injuries include electrocution, falls, strains, and sprains.

The following tips can help prevent injuries while installing electrical decorations:

Do not stand on a desk, chair, or other similar object while hanging decorations. Use a step ladder, stool, or ladder as appropriate.
Make sure that ladders and step stools are placed on a flat, level surface. Be sure to keep two points of contact with the ladder at all times.
Always have someone spot you while you are on a ladder to assist in balance.
Do not overreach when standing on a ladder or step stool. Instead, move the ladder from place to place to prevent muscle strains and potential falls.
Do not install electrical decorations while they are plugged in.
Always hang electrical decorations in a dry area. Never touch electrical wiring while you are wet or standing in water.
Follow the use and care instructions that accompany electrical decorations.
Unplug electrical decorations before replacing bulbs or fuses.
Keep outdoor extension cords and light strings clear of snow and standing water.
Plug outdoor electrical decorations into a circuit protected by ground fault circuit interrupters (GFCIs).

Scary? A little. You don’t have to let electrical hazards scare you away from getting into the holiday season, though. Just make sure you exercise an abundance of caution with electrical decorations and Christmas trees. Do that, and your chances of injury will be significantly reduced.

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You Were Hurt by a Defective Product in Florida – What’s Next?

December 1, 2018

by South Florida Injury Law Firm Defective Products Product Liability

Consumer products regulations ensure that most products on the market are safe for their intended use. However, some consumer products companies push the boundaries of regulations or cut corners in the design or manufacturing process, which can lead to dangerous defective products reaching US consumers.

When consumers are injured by a defective product, it may be possible to recover damages through a product liability suit. However, proving product liability is an in-depth process, and will require that you take action quickly after the accident, collecting evidence to demonstrate that certain elements were present.

Types of Product Liability Recognized in Florida

Most Florida defective product cases fall under the strict liability theory, otherwise known as a product liability suit. Product liability tends to fall into one of three categories: design defects, failure to warn, and manufacturing defects.

Design defects. If a product’s design is defective, it endangers the user even if it is perfectly manufactured. In order to prove that design defects caused the injury, the claimant must be able to demonstrate the following:

It was possible for the manufacturer to use a design that was less dangerous.
Using the less-dangerous design would have been technically and economically feasible.
The less-dangerous design would not compromise the product’s functionality.

Failure to warn. Under Florida product liability law, a product can also be considered defective if the manufacturer did not provide sufficient instructions or labeling for safe product use. This is referred to as failure to warn.

Manufacturers are required to warn of any potential hazards associated with the product that are not readily apparent. Further, manufacturers must provide instructions for safe use. Failure to provide this information could result in the manufacturer being held liable for resultant injuries.

Manufacturing defect. A manufacturing defect is a chance occurrence, and it is not present in every individual product. For example, tire tread defects may lead to a tire blow out.

Elements Needed to Prove Liability in Florida

In order to win a product liability suit, you must be able to prove certain elements to establish that the manufacturer is liable for damages.

Injuries occurred. You must able to prove that injuries occurred. Evidence of the personal and financial damages resulting from these injuries is also helpful in seeking damages.

Injuries were due to the product in question. You must be able to demonstrate that your injuries occurred due to the product in question.

The product was defective. You must be able to demonstrate that the product in question was defective, usually due to one of the above specific defects.

What to Do if You Are Injured by a Defective Product in Florida

Product liability suits are fact-based, meaning every element of the case must be thoroughly documented. Therefore, if you are injured by a defective product, it is important to be aware of exactly what evidence you need to collect immediately following the injury.

Save the product as evidence. Product liability hinges on the product itself, which will serve as the most important piece of evidence in your case. Therefore, it is important to save not only the product, but also any packaging, manuals, and safety warnings. If you can provide a receipt or proof of purchase this will also be helpful., along with any accompanying warranty information.

Seek medical attention. To protect your safety, we advise that you seek medical attention for your injuries right away. Further, waiting to seek medical attention can also cast doubt on the severity of your injuries in a product liability suit. Keep all records of emergency room and doctor’s visits such that you can document that you sought medical attention.

Document your injuries. To seek damages, you must be able to document the extent of your injuries. Keep all medical records, including emergency room or office visit summaries, and results of diagnostic tests.

Taking pictures or videos of your injuries may also be helpful. This documents the extent of your injuries, and also how they affect your life. Pictures and videos may also be more relatable than written documentation in medical jargon.

Document what happened. To prove that the defective product caused your injuries, it is important to document the events that led to your injury. As soon as possible, write a time and date-stamped account of the accident (for example, using email or a cloud server), and include as much detail as possible.

If witnesses were present, ask them to provide a written account as well. They may also need to testify in court.

Keep medical bills, pay stubs, and tax returns. To demonstrate the financial damages caused by your injuries, save documentation such as medical bills, pay stubs demonstrating lost wages, evidence of sick days used, and tax returns.

Product liability suits are an important means to protect consumers from dangerous defective products. However, winning a product liability suit, requires a significant amount of clear, well-documented evidence supporting your case. This means that if you are injured by a defective product, you should be proactive by collecting the necessary evidence and seeking out legal guidance as soon as possible.

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