Health Insurance Cover if You Involved in a Car Accident

Many people wonder if their health plan will cover car accident medical bills. In general, the answer is yesyou can take advantage of a health insurance plan to cover your medical bills. However, your medical coverage typically only kicks in after you exhaust the coverage limits of your auto accident policies.

You will need to submit all of the necessary claims to your insurance company before you can activate your health coverage, starting with your personal injury protection (PIP) policy.

Covering Your Medical Costs After a CollisionHealth Insurance Cover if You Involved in a Car Accident

Florida is a no-fault state. This means that you will look to your own insurance company first when it comes to who pays the medical bills in a car accident. State law requires all Florida drivers to carry a minimum of $10,000 in PIP coverage as part of their auto insurance. PIP is used to cover your own injuries and lost wages in the event of an accident, irrespective of who caused the collision. 

If You Were Responsible For Causing Injury PIP Help To Cover The Cost

Even if you were responsible for causing the injuries or damages you suffered in an accident, your PIP can help cover the cost. PIP was designed to reduce the litigation burden on the courts and give accident victims quick access to funds after an accident.

PIP Cover 80% of Qualifying Medical Bills & 60% Lost Wages

However, the amount of compensation you receive from your PIP policy is subject to regulation, and the level of coverage you purchase. According to Florida law, PIP only covers up to 80% of qualifying medical bills and 60% of your lost wages. This means you may need to seek coverage from other avenues to handle all of your damages after an accident. 

Other Types of Insurance That May Apply Toward Your Injuries

Once you exhaust your PIP coverage, you can turn to other types of car insurance, followed by your health insurance. While these other auto policies are not mandatory, many drivers choose to purchase the following coverage:

  • Uninsured motorist insurance: This coverage applies when you get into an accident with an uninsured or underinsured driver, and after a hit-and-run. It can apply to your medical expenses or vehicle damages.
  • Accidental death and dismemberment insurance: In the event that you suffer dismemberment in an accident, this coverage may also apply. Note that dismemberment can also qualify you to file a personal injury lawsuit against the at-fault party in Florida. 
  • Medical payment insurance: This is additional coverage for medical bills beyond your PIP coverage. Like PIP, it can cover you and your passengers, regardless of who caused the accident. 

If you are wondering whether you need medical payment coverage if you have health insurance, the answer is no. However, it might be a good idea to purchase it if you want to insure yourself up to a higher limit. 

Using Your Health Insurance to Cover Car Accident Injuries

Health insurance is the last resort for injury coverage, and it will likely have policy limits you will be unable to exceed unless you purchase additional coverage. After you have exhausted all of your other policies, your health insurance can kick in to cover any remaining medical expenses you face. 

When you elect to use your health coverage, it is important to remember that you will still be responsible for paying any co-pays or deductibles that your plan requires. 

Contact the Law Offices of Wolf & Pravato Today

The Law Offices of Wolf & Pravato are just a call away. Our team can help you file a personal injury claim if you suffered an accident and are looking for compensation for your losses and injuries. We can also explain how the various insurance policies you have may cover your damages. Do not hesitate to reach out and contact us today for a free and confidential consultation at (954) 633-8270.

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Car Accident Deaths Happen in Florida in 2019

According to data from the Florida Department of Health, there were 3,273 traffic deaths in Florida in 2019. This death toll is higher than the 3,224 car accident deaths in 2018. The root cause of these car accident deaths per year may vary, but it can largely be attributed to unsafe driving practices.

Common Causes for Car Accident Deaths in FloridaCar Accident Deaths

While there are countless car accident deaths per year simply caused by natural forces out of the motorists’ control, such as inclement weather, many others are the direct result of negligence. For example, in 2017, there were 374 confirmed fatalities on Florida roadways related to alcohol use, as reported by the Florida Highway Safety and Motor Vehicles. There were also 1,946 injury crashes involving drivers under the influence of alcohol. When accounting for drug use among drivers, there were an additional 310 deaths.

Other Causes of Auto Accident Deaths Includes:

Unfortunately, driver intoxication only makes up a portion of these negligent driving practices. Other common causes for car accident deaths include:

  • Speeding, sometimes causing rollover accidents or resulting in fatal rear-end collisions when drivers fail to slow down in time
  • Becoming distracted behind the wheel, either by talking to passengers, tuning the radio station, texting, eating, or any number of other unsafe practices
  • Failing to properly use turn signals
  • Aggressive driving, including instances of road rage
  • Reckless driving, such as making illegal passes or driving too fast during inclement weather
  • Falling asleep at the wheel, or even driving while too tired to pay close attention to the road
  • And more

The Consequences of Causing a Car Accident Death in FloridaCausing a Car Accident Death

The various repercussions that drivers faced after the traffic deaths in Florida 2019 ranged from criminal charges—including charges of vehicular manslaughter and murder—to civil action by the victim’s family. In some cases, the accident will be deemed an unavoidable tragedy, in which case both parties will simply go on their way and try to rebuild. This decision will depend on the mitigating circumstances surrounding the accident.

Hire an Attorney To get Full Accident Compensation

For example, if a victim’s family hires a personal injury attorney, and the attorney can prove that the other driver’s negligence caused the accident, the family may be entitled to receive compensation for their pain and suffering. These damages can be awarded to the victim’s spouse, children, parents, and immediate family. For more help contact a car accident lawyer in Fort Lauderdale.

Damages awarded in cases of wrongful death can include, but may not be limited to:

  • Funeral costs
  • A loss of support, companionship, and guidance
  • The loss of income capacity held by the deceased
  • In extreme cases, punitive damages may be awarded

Personal Injury Lawyers Fighting for Florida Victims and Their FamiliesFort Lauderdale personal injury lawyer

When a victim is killed in a car accident at the hands of a negligent, reckless, or intoxicated driver, the Fort Myers personal injury attorney at the Law Offices of Wolf & Pravato can be there to represent their family as they fight for their right to compensation. Even if a victim sustains non-fatal injuries, our firm is here to stand in their corner as they navigate the justice system.

Contact The Law Offices of Wolf & Pravato

If you or a loved one have suffered injuries in any way after a car accident, our Fort Lauderdale personal injury attorney team is here to investigate your case and offer you peace of mind.

For your free consultation with a team member at the Law Offices of Wolf & Pravato, call today at (954) 633-8270 to get started.

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Most Common Type of Accident In Florida

Not accounting for car accidents, the most common type of accident in FL is slip and fall cases. Research from the Florida Department of Health shows that unintentional falls are the leading cause of hospital admissions related to non-fatal injuries in Florida. Unfortunately, these unintentional falls are also the 4th leading cause of injury-related deaths in the state, as well as being the leading cause of injury-related deaths among citizens 65 and older. In fact, 2,475 Floridians died from injuries sustained in falls in 2012 with 62,541 people hospitalized for non-fatal injuries. 

Florida Accidents StatisticsFlorida Accidents Statistics

Throughout Florida, there were 203,353 total deaths in 2017, with accidents resulting in 12,812 fatalities, according to data from the Florida Hospital Association. As for traffic accidents, the Florida Highway Safety and Motor Vehicles reported 403,626 crashes in 2018, resulting in 255,353 injuries and 3,135 fatalities. When tallying the most common type of accident in FL, car accidents and unintentional falls easily top the charts.

Common Injuries Resulting From Fall Accidents

Accounting for 2012 statistics by the Florida Department of Health, the most common non-fatal injuries in fall accidents included:

  • Hip fractures: 32%
  • Various lower extremity fractures: 14%
  • Traumatic brain injuries: 14%
  • Upper extremity fractures: 13%
  • Fractures involving the spine or back: 9%
  • Torso fractures: 7%
  • Superficial contusions: 3%
  • And other various injuries: 9%

The most common fatal injuries included:

Common Injuries Resulting From Fall Accidents

  • Traumatic brain injuries: 61%
  • Hip fractures: 25%
  • Various other lower extremity fractures: 7%
  • Fractures in the neck or vertebral column: 5%
  • Torso fractures: 2%

Other Accidents Commonly Seen in Florida

The other leading causes of accidents in Florida include: 

  • Exposure to toxic or poisonous substances
  • Burns
  • Drowning
  • Being hit by falling objects
  • Work-related injuries
  • Dog bites and other animal attacks
  • Falling victim to violence
  • Bicycle accidents
  • Defective products
  • Medical malpractice
  • And more

The Cost of Injuries in Florida

According to a 2013 study by the Florida Department of Health, the average cost of an injury-related admission to the hospital was $42,970 and lasted for three days. This resulted in $7.9 billion in total costs around the state. 

In relation to unintentional fall accidents, from the 2012 study by the Florida Department of Health, they found the average non-fatal admission to be $46,067. These costs totaled more than $3.6 billion that year, while the average stay was four days. 

For many victims of these accidents injured through no fault of their own, these bills can ruin them financially—not to mention any lost work wages and disabilities they may be facing. Fortunately, the field of Fort Myers personal injury law helps protect victims of negligent acts. 

Personal Injury Lawyers Fighting for Florida Accident Victims

Here at the Law Offices of Wolf & Pravato, we have represented victims of all types of accidents in Florida, from car accidents to medical malpractice cases to construction site injuries and beyond. We want victims to know that these unfortunate acts of wrongdoing happen every day in our state, and there are laws in place to help you recover potential damages. Our team of Fort Lauderdale personal injury attorneys will investigate your claims, documenting evidence along the way. If we cannot reach a settlement with the parties involved, we will happily take your case before a judge to present our findings. 

Contact the Law Offices of Wolf & Pravato

To better advise you on your legal options, our team would like to hear more about your case today. For your free consultation, contact a representative with the Law Offices of Wolf & Pravato at (954) 633-8270.

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Causes of Neck & Lower Back Pain after a Car Accident

Upper back pain after a car accident is a common complaint after car accidents. The same is true of neck pain after a car accident. This pain is because the force of vehicle accidents can cause the bodies of vehicle occupants to snap forward and backward with enough force to damage bones, nerves, and muscles in those parts of the body. This action can cause pain in the neck and back. The extent of your injuries and the costs of care are used to calculate any compensation that you may be entitled to receive.

Neck and Back Pain After Car Accident SettlementWhy My Neck and Back Hurt After a Car Accident & Their Compensation

When it comes to other car accident injuries and compensation, for example, lower back pain after a car accident and its compensation, the same rules apply. Your medical records, treatment expenses, economic losses, and any non-economic losses such as pain and suffering will be aggregated and used in a compensation formula to arrive at a compensation amount for your case. Any evidence of negligence, recklessness, or wanton disregard for life will also be considered when calculating your settlement.

Car Accident Injuries

According to the Mayo Clinic, car accidents are the leading cause of spinal cord injuries in the United States every year. Car accidents also cause other serious injuries, as well as death. Common injuries seen in car accident cases are as follows

  • Traumatic brain injuries (TBI)
  • Broken and fractured bones
  • Stretched, torn, or bruised muscles or nerves
  • Soft tissue damage
  • Internal organ damage
  • Bleeding and lacerations
  • Scarring and disfigurement
  • Amputations and permanent injuries
  • Whiplash
  • Upper back pain
  • Lower back pain
  • Neck pain

Whiplash and neck and back injuries are especially common in rear-end accidents, but they can also occur in sideswipe and frontal crashes. In some cases, the effects of such injuries can only be felt days or weeks after the accident, so you must undergo a thorough physical after your accident and maintain a record of all treatments and accident-related expenses. This record will help substantiate your claims and can be used as evidence of damages.

Compensation for Car Accident InjuriesCompensation for Car Accident Injuries

There are two categories of damages that you can typically seek compensation for after suffering personal injuries or losses in an accident that was caused by someone else. These are economic and non-economic damages. Economic damages have a direct dollar value attached to them. They include lost income, car repair expenses, medical treatment expenses, and anything else you can or have received an invoice or bill. Call our Fort Myers car accident lawyer for more help.

Non-Economic Damages

Non-economic damages, on the other hand, are harder to quantify. They include pain and suffering, emotional trauma, the death of a loved one, lost earning potential, and post-traumatic stress disorder, or PTSD. These are intangible damages and losses.

These types of damages are more difficult to attach a dollar value to them, so insurance agents, legal professionals, and medical experts typically calculate their value using a multiplier. This multiplier is multiplied by your economic damages to arrive at a figure for your non-economic damages.

Method For Calculating Non-Economic Damages

Another method for calculating non-economic damages is a per-day compensation rate. This method is known as “per diem” compensation. A daily rate is arrived at based on the victim’s injuries and damages, and that rate is multiplied by the number of days the injured victim is expected to have to live with his or her injuries.

Contact the Law Offices of Wolf & Pravato Today

You can reach the Law Offices of Wolf & Pravato at (954) 633-8270. Our personal injury attorney in Fort Lauderdale helps our clients understand car accident cases, and we can help you determine the value of a car accident compensation claim. We will also assist you with filing a claim and negotiating a settlement. Please do not hesitate to contact us today for legal assistance.

We also help the victims of a car accident in Following cities:

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Health Insurance Policy Does Not Cover Coronavirus in Florida

Many individuals are concerned about the risks to their health as the coronavirus (COVID-19) continues to spread throughout the country. You may be concerned about catching the virus and about what could happen after your infection. You may even wonder what could happen if your health insurance policy does not cover coronavirus in Florida.

Depending on the specifics of your health insurance policy and the types of treatment you receive, you may have to pay out of pocket for your coronavirus treatment.

If a health insurance policy unfairly denies you coverage for coronavirus treatment, you may be able to appeal their decision or sue the health insurance company to recover compensation for the costs of your treatment.

Coverage for Coronavirus Treatment in Florida

There are many different insurance companies in operation throughout Florida. Each company offers different policies. If your health insurance policy does not cover treatment for the coronavirus, you may need to pay out of pocket for your treatment.

However, you should be aware that many policies do not specifically deny coverage for coronavirus treatment. This may be true for many people wondering what if my health insurance policy does not cover coronavirus in Florida?

If your claim for coronavirus treatment is denied, you may be able to prove that the denial was unfair and that you were, in fact, entitled to benefits. A lawyer may be able to assist you with this process by submitting an appeal to your health insurance company or by filing a lawsuit against them.

What Your Health Insurance Policy May Cover 

Depending on the structure of your healthcare plan, you may not be able to receive coverage for your healthcare expenses until you pay:

  • Your deductible
  • Coinsurance expenses
  • Necessary copays

Once these payments have been made, your health insurance may cover coronavirus treatments such as testing, inpatient stays in a hospital, observation in a hospital, or visits to a doctor.

While your insurance may not cover 100% of the costs for coronavirus treatment, many insurance companies have copays related to COVID-19 testing. This means that, if you carry health insurance, you may be able to receive a COVID-19 test without charge. Health Insurance Policy Does Not Cover Coronavirus

You may also be asking, what if my health insurance policy does not cover coronavirus in Florida for alternative treatments? Some insurance policies do not cover alternative or experimental medical treatments, so if you seek these treatments, they may not be covered by your insurance.

You may want to contact your health insurance company in advance to ask them for details about what coronavirus testing and treatment options are covered under your plan. 

Speak with the Hospital If Your Policy Does Not Cover Coronavirus

If your insurance company does not cover your coronavirus treatment, you may have to pay out of pocket. In this case, you may want to contact the hospital billing department directly. Billing departments may set you up with a payment plan that can allow you to pay your bills over an extended period of time.

In some cases, hospitals may even reduce your overall bills to help you handle the costs of treatment. 

Get Legal Help Handling Insurance Claims for Coronavirus Treatment

During this crisis, it’s smart to ask, what if my health insurance policy does not cover coronavirus in Florida? If this is the case and your health insurance policy refuses to cover your coronavirus treatments, contact the Law Offices of Wolf & Pravato. A Fort Myers personal injury lawyer from our firm may be able to review the details of your insurance policy to determine if your benefits were unfairly denied. If so, we may be able to appeal the denial or file a lawsuit against your health insurance company.  

Contact The Law Offices of Wolf & Pravato For Help:

Call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free consultation with a member of our team. We may be able to handle your health insurance coverage appeal or lawsuit on your behalf. Our caring and attentive staff will provide you with prompt and responsive communication while we work together on your case. 

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Effect of Coronavirus Having on Service Industry Workers and Small Businesses

Coronavirus (COVID-19) has caused massive disruptions in life throughout Florida. Individuals in the service industry and small business owners have been hit especially hard.

This is due in part to state and country orders to close nonessential businesses and for citizens to stay at home in order to reduce the spread of coronavirus.

There may be state and federal relief available to Florida service industry workers who have lost their jobs and Florida small businesses who have lost revenue because of coronavirus.  

The Effect of Coronavirus on Service Industry Workers in FloridaThe Effect of Coronavirus on Service Industry Workers in Florida

Employees in the service industry have faced harsh conditions since the start of the coronavirus pandemic. Coronavirus has resulted in the loss of many jobs in this field, as many Florida restaurants and bars have been forced to limit services to takeout and delivery only or have temporarily closed. 

According to the Florida Department of Economic Opportunity (DEO), more than 1.8 million unemployment claims were submitted in the state of Florida between March 15 and May 5. Of 463,390 initial claimants in this group, 115,313—nearly 25%—of these workers came from the accommodation and food services industry. 

Florida workers can apply for unemployment benefits online through the Florida DEO. 

The Effect of Coronavirus on Small Businesses in Florida, USA

Many small businesses in Florida have been forced to shut down temporarily as part of the effort to slow the spread of the pandemic. Other businesses remain open if they offer essential services as defined by state or county regulations. However, even small businesses offering essential services have faced decreasing profits as consumers avoid shopping. Stay-at-home orders have kept many people inside, making it difficult for many businesses to continue operations.

The Steps Being Taken to Help Florida Small Business Owners

Many small business owners are turning to the government for financial assistance to handle the effects of coronavirus. Both the federal and state governments have taken steps to provide relief to small business owners.

Federal Relief for Small Business OwnersThe Effect of Coronavirus on Small Businesses in Florida, USA

The federal government set up the Coronavirus Aid, Relief, and Economic Security (CARES) Act in late March 2020. This act provides small business owners with forgivable loans. These loans are designed to allow businesses to pay employees. Currently, you may apply for aid through the CARES Act if you are:

  • Self-employed
  • An independent contractor
  • A sole proprietor
  • A small business owner

Note that these loans may be forgiven as long as recipients spend at least 75% of the funds on payroll. The rest of the loan may only be used on approved items if you would like the loan to be forgiven. 

You can learn more about the CARES Act by consulting a lawyer in Florida.

State Relief for Small Business Owners

The state of Florida has taken some steps to help small business owners, as well. The state briefly offered Florida Small Business Emergency Bridge Loans, but these loans are no longer being offered. 

Florida’s Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL) Program is offering low-interest loans and loan advances to Florida small businesses affected by coronavirus.

The Law Offices of Wolf & Pravato May Be Able to Help You

If you are seeking legal help with issues related to coronavirus in South Florida, call the Law Offices of Wolf & Pravato. We offer a variety of legal services and may be able to help you apply for governmental aid or appeal a denial. 

Find out more by calling (954) 633-8270 to speak with a representative of the Law Offices of Wolf & Pravato. Our team will provide prompt and responsive communication to you throughout our work together.

Read our blog related to Covid-19:

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Coronavirus Affect My Personal Injury Case in Florida

If you have a personal injury case in Florida, you may be wondering how coronavirus may affect your case.

You may find that your financial situation has changed due to coronavirus. In some cases, this may be true of the responsible party you are pursuing for compensation. This could affect your personal injury case.

Logistically, you may find that the court system with jurisdiction over your case is temporarily closed or has limited access due to coronavirus. Or, that the hospital you are being treated at has temporarily suspended treatments to dedicate resources to coronavirus patients. This could delay treatments you were planning to receive related to your case.

For specific consultation on how coronavirus may affect your personal injury case, you may want to consult a Fort Myers personal injury lawyer

Call for a free consultation. (954) 633-8270or

Contact a lawyer Now!

You May Feel Pressure to Settle Your Case Due to CoronavirusDoes Coronavirus Affect My Personal Injury Case in Florida

Many personal injury cases in Florida end up settled outside of the courtroom. In some cases, insurance companies start with a low settlement offer that may not cover all of your losses.

With the increased financial pressures associated with coronavirus, the pressure to accept one of these initial offers may increase. You may be tempted to accept a small settlement if:

  • You are dealing with financial insecurity due to the virus
  • The insurance company is more focused on reducing payouts due to coronavirus
  • You believe the defendant in your case no longer has the funds to cover your losses

You do not have to give in to the pressure to settle your personal injury case for a low amount due to coronavirus. You still have the right to reject a low settlement offer or file a personal injury lawsuit, if necessary. 

You may wish to speak with a personal injury lawyer who can evaluate a settlement offer to see if it covers the full extent of your damages. A personal injury lawyer can also negotiate with the insurance company on your behalf when you hire them to represent you.

You May Be Unable to Get Noncritical Medical Treatment

Many hospitals and health care facilities have been overwhelmed by individuals suffering from coronavirus. Other noncritical care facilities have temporarily closed down in response to the virus. This means you temporarily may not be able to get health care related to your case. You may have to wait to complete:

  • Follow-up meetings with your doctor
  • Physical therapy
  • Rehabilitation

This could delay your ability to receive the full treatment for your injuries and document your complete medical expenses for your personal injury case. 

You may wish to speak with a Fort Lauderdale personal injury attorney about these logistics and how to proceed with a personal injury case whose treatments were interrupted by coronavirus.

Florida Courts May Be Delayed or Temporarily ClosedCoronavirus Affect My Personal Injury Case in Florida

Your personal injury case may include a personal injury lawsuit if the responsible party’s insurance company does not agree to a fair settlement.

However, many of the courts in Florida are not operating normally. Some courts have:

  • Cut back on their operating hours
  • Reduced face-to-face interactions
  • Shut down completely until the pandemic passes

This means coronavirus may affect the timeline for your personal injury case being addressed by the courts.

Call for a free consultation. (954) 633-8270or

Contact a lawyer Now!

Call the Law Offices of Wolf & Pravato About Your Personal Injury Case

If coronavirus has affected your personal injury case, call the Law Offices of Wolf & Pravato. We represent South Florida personal injury victims and have been monitoring the local effects of the coronavirus pandemic on the court system. We may be able to help you navigate new logistics in your case that are a result of coronavirus. 

For a free consultation on your case, call the Law Offices of Wolf & Pravato at (954) 633-8270.

Read our blog related to Covid-19:

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AdityaDoes Coronavirus Affect My Personal Injury Case in FL?
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Type Of Compensation Would I Recover In Funeral Home Abuse Case in Florida

There are many different types of compensation that you could recover in a funeral home abuse case. However, every case is different, so there is no way we can estimate the damages for your case without first examining the details of your case.

Some common types of damages that families may recover in these cases, though, are:

  • Economic Damages: If you have missed work or expect to be out of work in the future because of the funeral home negligence, you may be able to recover lost wages and loss of future earnings. 
  • Non-Economic Damages: Non-economic damages include things like emotional distress, depression, and anxiety. 
  • Punitive Damages: If the judge decides to punish the defendant for their gross negligence, they may assign punitive damages.

Types of Funeral Home AbusesType Of Compensation Would I Recover In Funeral Home Abuse Case

Funeral homes are required to treat your loved one’s body with respect and care. When they fail to meet that reasonable expectation of care, their actions are negligent or abusive. Some of the common types of negligence or abuse by nursing homes are:

  • Mishandling the body: Sadly, some funeral home staff disfigures, distorts, or even sexually abuse bodies. In other cases, they behave negligently, storing the body improperly, or placing multiple bodies in one coffin. Placing a body in a broken coffin is also neglectful, as the body will not be stored properly.
  • Robbing the corpse: In some cases, people who work for the funeral home may make jewelry and other items off the body to sell or keep personally. It is not unheard of that someone may rob a body of gold fillings, organs, and other parts to sell.
  • Mishandling of the gravesite: If your funeral home is responsible for tending to your loved one’s gravesite after the burial, then it is important to ensure the work is done properly. In another worst-case scenario, there are cases in which funeral homes will dig up coffins, switch them with less expensive coffins, and re-sell your loved one’s more expensive coffin. 

While many of these scenarios are horrible to even consider, not all funeral home negligence is intentional, such as a coffin being dropped and broken. In other cases, the funeral home may be trying to cut expenses to increase profitability. In either case, though, your loved one’s body did not receive the respect it deserves. 

Call the Law Offices of Wolf & Pravato for Help

If you believe your loved one’s body was abused or neglected, you have the right to hold the funeral home responsible for their abusive or negligent behavior. At the Law Offices of Wolf & Pravato, our team helps families fight for compensation in funeral home abuse cases.

We understand how painful it can be to learn that your loved one’s body was neglected or mistreated. However, we are here to help you hold the defendant responsible for their behavior. For a free review of your case, contact us today at (954) 633-8270.

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Types of Funeral Home Negligence

Funeral home neglect can include allowing unlicensed staff to perform work, mishandling deceased loved ones, abuse of a deceased loved one, failure to provide contracted services, negligence related to the gravesite and burial, and stealing personal property.

Funeral homes have an obligation to treat your beloved family members with dignity during the funeral, cremation, and burial process. They also need to treat you and your loved one’s other surviving family members with respect and courtesy. However, this does not always happen. The result may qualify as funeral home negligence, and you may be able to pursue a civil case against them based on what happened.

Examples of Funeral Home Negligence

Negligence can occur in many different ways in a funeral home. This includes:

Allowing Unlicensed Staff to Perform Work

The State of Florida requires funeral home workers who deal directly with embalming, preparing the body, and cremation or burying the body to have the appropriate license. If a funeral home allows someone without a license to perform any type of work that generally requires a license, any missteps they make could support a funeral home negligence case.

Mishandling Deceased Loved Ones

Any time the funeral home staff fails to uphold their obligation to treat a deceased person with dignity and respect, it may support a funeral home negligence case. This may include both unintentional, careless actions and intentional acts. Some ways funeral home employees may mishandle a body include: 

  • Losing or misplacing remains
  • Inadequate embalming
  • Unauthorized cremation, or failure to cremate
  • Additional concerns about cremation or cremains
  • Improper temperature control and refrigeration
  • Dropping or otherwise damaging the body
  • Improper storage 

Abuse of a Deceased Loved One

Sometimes, a funeral home worker may intentionally abuse the remains entrusted in their care. This could include: 

  • Intentional distortion or disfigurement
  • Physical abuse
  • Sexual abuse

Stealing Personal Property

Funeral home staff may remove personal property or even organs or other tissues from the deceased and use them for personal gain. This is illegal and will often support a funeral home lawsuit. This could include clothing, jewelry, currency, or other items. 

Failure to Provide Contracted Services 

A funeral home may not properly perform tasks related to embalming and preparation of the remains, cremation, funeral, or burial services. 

Negligence Related to the Gravesite and Burial

Some negligence in a funeral home occurs after the funeral. This could include:

  • Putting more than one body in a coffin or grave
  • Burying the wrong remains in a grave
  • A moved or altered gravesite without notification
  • Vandalism of the gravesite
  • Failure to provide the grave marker following the burial

Pursuing Legal Remedies from a Negligent Funeral Home

At the Law Offices of Wolf & Pravato, our funeral home negligence attorneys and staff understand how difficult it can be to learn that your loved one’s body or memory was not treated with honor and respect. We know that this situation is likely difficult to discuss, and you are probably feeling angry, sad, and frustrated right now.  So, our lawyer help to recover your funeral home damages.

A funeral home negligence lawyer will speak with you one-on-one, compassionately, and with empathy. We may be able to help you hold the funeral home accountable

Talk to a Funeral Home Negligence Lawyer Today

If you believe you were the victim of negligence following the death of your family member, reach out to a funeral home negligence attorney from the Law Offices of Wolf & Pravato today. We can review your claim for negligence against a funeral home and determine if you have a compelling case to pursue compensation. 

Call our office today at (954) 633-8270 to get started.

We also help the funeral home negligence victims in other cities:

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Sue You For A Car Accident In Fort Myers

Yes, if you cause a car accident that results in an individual suffering an injury, and their personal injury protection (PIP) for auto insurance does not cover all of their medical expenses and wage losses, they can sue you for the outstanding damages. Also, if the hurt individual sustains injuries that exceed Florida’s serious injury threshold, they can sue you for damages.

In order for a lawsuit against you to be successful, the other party will need proof that your negligence caused the accident. Without this proof, you may not be held liable for their injuries.

If the other party was responsible for the accident, and you received injuries, then you may be able to sue them. 

Understanding Florida’s Car Insurance and Accident Laws

Several aspects of Florida’s motor vehicle statutes affect what happens in the aftermath of a car crash.

Personal Injury Protection (PIP) Auto Insurance

Car Accident

Florida is a no-fault auto insurance state, which means that even if you cause a car accident that injures another person, the injured party must still seek compensation for their medical expenses and wage losses through their own personal PIP insurance. 

This coverage does not completely relieve you, as the person who caused the crash, from financial responsibility. If the other party’s medical expenses exceed their PIP coverage, they may be able to sue you for the outstanding damages.

The Serious Injury Threshold

Furthermore, the injured individual’s family can sue you for damages if they sustain injuries that meet Florida’s serious injury threshold, which includes permanent loss of an important bodily function, disfigurement and scarring, permanent injury within a reasonable degree of medical probability, and death, in which case their surviving family may be able to sue you.

Bodily Injury Liability

For amounts not covered by the other party’s PIP coverage, your insurance policy’s bodily injury liability will begin to pay out damages.  

For amounts that exceed your bodily injury insurance coverage, the injured party may be able to file a personal injury lawsuit against you. Contact Fort Myers car accident lawyer for help.

Damages the Injured Party May Recover in a Lawsuit

When an injured individual sues you for their injuries resulting from the car accident you caused, you may be liable for their:

  • Medical costs not covered by their PIP and your bodily injury liability coverage
  • Pain and suffering
  • Mental anguish
  • Disability
  • Lost wages and benefits

There may be additional damages you could end up paying if the injured person sues you.

Florida’s Pure Comparative Negligence Law Means You Might Be Able to Sue, Too

Florida is a pure comparative negligence state, which means that damages are awarded according to what amount of fault each person possesses in the accident. Accordingly, if another driver sues you, you may be able to reduce your liability by proving that they were partially at fault for the accident, too. 

On the other hand, if the other driver was partially at fault for injuries you sustained, you may be able to sue them. For example, a jury might award you $100,000, but if they conclude that you were 20 percent responsible for causing the collision, the jury will reduce compensation by 20 percent ($20,000)—resulting in a final award of $80,000.

The Law Offices of Wolf & Pravato Helps Injured Parties After a Car Accident

The Law Offices of Wolf & Pravato handles personal injury claims for Fort Myers car accident victims. If you believe another party was responsible or partially responsible for your accident, call us today at (954) 633-8270 for a free consultation. We may be able to investigate your case for evidence that demonstrates the other driver is liable for your injuries.

We also help the victims of a car accident in the following cities:

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