Kind Of Attorney Do You Need To Sue A Hospital

Hospital negligence in the treatment of patients has become a growing issue of concern for public health officials. Problems involving patient mistreatment, diagnosis errors, and long-term injuries sustained by patients during hospital care are leading many people to sue a hospital for pain and suffering, negligence, and other personal and financial damages. A Fort Lauderdale personal injury or criminal lawyer can help you with a hospital lawsuit settlement in such cases.

Issues With Healthcare ProvisionKind Of Attorney Do You Need To Sue A Hospital

There are many ways a patient can sustain a preventable injury or suffer long-term health issues because of hospital negligence. From a study conducted by Johns Hopkins University, medical error is now considered the third leading cause of death. For example, poor hiring practices or a lack of training can lead to issues where unqualified or underqualified healthcare workers deal with patients or handle health issues and illnesses that they do not have the skills, training, or required knowledge to manage.

Botched Medical Procedure

If a botched medical procedure, a diagnosis error, a testing error, or errors involving the administration of drugs lead to injuries that should not have occurred, you may be able to sue a hospital for pain and suffering. You may also be able to sue for any additional healthcare costs or treatment expenses you are forced to cover, including payments for medications, therapy, and rehabilitation. Any income you lose by being unable to work and incidental expenses, such as childcare or eldercare expenses, can also be included.

Similar damages can be sought in cases involving discrimination in hiring and issues pertaining to doctor-patient confidentiality. Breaches in trust, unfair hiring practices, patient injuries, doctor incompetence, and administrative errors are just some of the leading reasons behind the many hospital lawsuit settlements we see today.

Damages and Injuries

If a doctor or another healthcare professional injured you, you may be able to sue the hospital for pain and suffering. These are noneconomic or intangible costs. You can also sue for the following economic costs:

  • Lost income or lower-earning capacity
  • Medical care costs
  • Diagnostic test and surgery costs
  • Assistive device costs
  • Therapy and rehabilitation costs

Hospital lawsuit settlements are typically negotiated based on the extent of damages suffered by the victim and the duration for which he or she is expected to suffer those damages. A multiplier is often used to determine the value of your claim. This figure is multiplied by the total value of all care and treatment costs and other quantifiable losses to arrive at a number for your hospital lawsuit settlement.

Seeking AssistanceDo You Need To Sue A Hospital

A Fort Myers personal injury lawyer may be able to assist you with cases involving hospital negligence. An attorney may also be able to help if you want to sue a hospital for pain and suffering. An attorney can help by:

  • Identifying the at-fault party responsible for your injuries and damages. This party may be a doctor, a nurse, a hospital administrator, or the hospital itself.
  • Quantifying the value of your losses and damages.
  • Putting together a claim with all the required documentation.
  • Obtaining the testimony of a medical professional or an injury assessment expert in support of your claim.
  • Ensuring that you meet all statutory and administrative deadlines.
  • Negotiating a settlement with the at-fault parties on your behalf.

Contact The Law Offices of Wolf & Pravato For More Help

Please call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free case evaluation. Our empathetic and compassionate attorneys understand the challenges that the victims of hospital negligence face, and we take pride in handling sensitive cases and guiding our clients through this difficult time. We will help you understand what you need to know about filing a claim, obtain the evidence needed to prove your damages, and handle the insurance and legal paperwork on your behalf.

AdityaWhat Kind Of Attorney Do You Need To Sue A Hospital In The USA?
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Negligent Security

Negligent security is the term used to describe what occurs if you are on another person’s property and become a victim of a violent act because there was no security to prevent the crime from occurring.

To hold a property owner responsible for your injuries, your Fort Lauderdale negligent security lawyer would need to prove that a third party was able to injure you on another person’s property because the owner did not act with reasonable care to prevent the crime from occurring.

Examples of Negligent Security

Examples of negligent security can include:

Negligent security can lead to any of the following:

  • Sexual assault and rape
  • Shootings
  • Stabbings
  • Robberies
  • Assault and battery

The Elements of a Negligent Security Case

The basic elements of a negligent security case are:

  • The defendant has a duty to provide basic security measures for their property (the measures depend on what kind of property it is);
  • The defendant failed to provide adequate negligent security for their property; and,
  • The plaintiff suffered an injury due to the defendant’s failure to adequately provide basic security measures.

The defendant in a negligent security case may be the owner or manager of a commercial property such as a store, parking lot, hotel, or any place the public visits.

Example of a Negligent Security Case 

A negligent security case might include the owner of a parking lot that is open 24 hours where the lighting is insufficient to properly illuminate the grounds at night. One evening you could be walking to your car and assaulted and robbed.

You Must Prove the Injury Was Foreseeable

An important element of a Florida negligent security case is that the owner or manager should have known that a crime could occur. In other words, the criminal act should have been foreseeable by the property owner. If it was not foreseeable, you cannot hold the owner liable for your injuries.

For example, if the parking lot mentioned above had been the site of several violent crimes in the past. The owner of the parking lot would have known about these assaults and should have done something to protect future customers. The injury was foreseeable and, therefore, the owner may be liable.

Call Our Lawyers Today for Help Filing a Negligent Security Claim

If you have been a victim of a crime while on someone else’s commercial property, call a Florida personal injury lawyer from the Law Offices of Wolf & Pravato at (954) 633-8270 for a free case consultation. Act quickly to ensure you do not overstep the state’s lawsuit deadline.

Eric RosadoWhat is Negligent Security?
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Funeral Home Negligence Lawsuit

The most common recoverable damages in a funeral home negligence case include monetary damages, future costs, emotional damages, and, occasionally, punitive damages. The actual amount you are eligible to recover will vary based on the details of your funeral home negligence case.

When a loved one passes, you expect the funeral home to treat them with respect. In fact, Florida law requires funeral homes to be licensed and follow certain laws, such as ensuring the body is transported correctly and not moving the body without notification. When this is not the case, you should consider hiring a funeral negligence attorney.

Monetary Damages 

Depending on the details of your negligence case, you may recover the cost of the funeral, the casket, and other costs associated with the burial. You may also recover the value of any stolen objects, such as family heirlooms or gold fillings.

Future Costs 

If your family incurs future costs, such as the cost to rebury your loved one in another location, another funeral, or a casket, these costs may be recovered.

Emotional Distress 

Funeral home negligence lawsuit

The death of a loved one can have a severe impact on your mental and emotional health. Finding out your loved one was not buried where the funeral home said they were, that they were mishandled after death, or that priceless heirloom was stolen can have a long-term impact on your emotional health.

You may recover damages for the emotional impact of the funeral home’s actions.

Punitive Damages 

If the funeral home’s actions are considered willful and malicious, you may also be eligible to recover punitive damages. These damages are rare but may apply in cases where the funeral home, for example, buried bodies in the wrong graves on purpose to save money or sold body tissue for profits. If you experienced these issues, a funeral negligence lawyer can help.

Common Types of Funeral Home Negligence Cases 

If the funeral home fails to follow Florida laws, mishandles your loved one’s body, or robs them of clothing, jewelry, or even body parts, you may be eligible to pursue a negligence case.

Other examples include:

  • Presenting the wrong corpse for burial
  • Moving the graveside without notification
  • Robbing the body of valuable items
  • Disposing of the body in contradiction with your contract (cremating instead of burying, for example)
  • Failure to prepare the body as agreed
  • Transporting the corpse in an unapproved container

A funeral negligence lawyer can help determine if your situation may qualify for legal action.

Contact Our Attorney For Your Funeral Home Negligence Lawsuit Today 

The death of a family member or loved one is always traumatic. However, when the actions of a funeral home result in the mishandling of your loved one or emotional trauma, you may be eligible to recover a wide range of damages.

To better understand your ability to recover damages, contact the team of Florida personal injury lawyers at the Law Offices of Wolf & Pravato. Our firm is dedicated to offering honest, caring legal advice during this difficult time. Contact today for a free case review at (954) 633-8270.

We also help the victims of the funeral home in the following cities:

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Negligent Security in Hotels

Florida’s premises liability laws protect people from being injured while they are guests at a property. If you sustain an injury under circumstances in which you were owed a duty of care by the hotel owner, then you can sue the hotel to recover your damages. This applies to hotel security, among other aspects of hotel operations.

Hotel Owners Are Bound by a “Duty of Care”

Florida law defines a “duty of care” that hotel and motel owners owe people who visit their properties. Chapter 509 of the Florida statutes establishes that hotels are public lodging establishments and are required to uphold reasonable measures to keep their visitors free from harm or injury.

Under this duty of care, a hotel owner must keep the hotel reasonably safe and correct dangerous conditions. They must also warn visitors of dangers the owner knows about or should know about, and which visitors do not know about and should not reasonably be expected to know about.

When hotel owners fail to uphold their duty of care, and a visitor suffers an injury as a result of this breach of duty, the visitor can sue the hotel for the losses they have incurred from their negligent security injuries.

Security is just one of many areas of hotel operations that a hotel owner must handle effectively in order to protect their guests from harm.

Legal Classifications of Hotel Injury Victims

Under Florida’s premises liability laws, a hotel visitor is classified according to the reason they are present on the property. The duty of care that the visitor is owed by the hotel owner depends upon how the visitor is classified. For more help contact a Florida premises liability lawyer.

Hotel trespassers and uninvited licensees (like people who drop in to use the restroom) are owed no duty from the hotel owner other than the owner’s duty to refrain from “willful or wanton injury” toward the trespasser. The owner is not bound to protect these property visitors against foreseeable third-party crimes.

On the other hand, a hotel owner has a marked duty to protect its guests, who would be considered public invitees of the property, from reasonably foreseeable third-party crime. Similar duty of protection extends to business invitees and licensees by invitation (social guests).

Hotel Guests Qualify Are Owed the Highest Duty of Care by Hotel Owners

If you were the guest at a hotel, you are classified as a public invitee of the property because you had an “objectively reasonable belief” that you were “welcome on that portion of the real property where injury” occurred. Under this classification, the hotel owner owed you the highest possible duty of care. This means that you can hold the hotel owner liable for injuries you sustain while a guest at the hotel, including injuries sustained as the result of negligent security. If you want to pursue justice against the property owner for your injuries and pain and suffering, call a Fort Lauderdale negligent security attorney from the Law Offices of Wolf & Pravato at (954) 633-8270 today.

Ways in Which Hotel Security Might Be Deemed Negligent

When a hotel or motel faces tough times financially, a common area where they consider cutting the budget is security. This opens guests up to the possibility of becoming victims of many sorts of crime: sexual assault, shootings, rape, robbery, battery—perhaps even murder.

Although there are steps you, as a guest, can take to reduce your chances of becoming a victim of crime while staying at a hotel, the hotel owner is ultimately responsible for your safety in this regard.

Common Types of Negligent Hotel Security

  • Insufficient number of security cameras
  • Poorly maintained security cameras
  • Insufficient security team
  • Inadequately trained security guards
  • Poorly managed security team

If You Suffered an Injury Due to Negligent Hotel Security Contact The Law Office Of Wolf & Pravato

If you were injured due to a hotel’s negligent security, a negligent security lawyer Florida can help you recover the damages you deserve. Call the personal injury lawyer Florida at Law Offices of Wolf & Pravato at (954) 633-8270 for a free consultation.

Eric RosadoCan I Sue a Hotel for Negligent Security?
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Negligent Mishandling of a Corpse in Florida

Funeral homes that intentionally or recklessly mishandle a corpse may be held accountable for the emotional damages they cause. Family members of the deceased may contact an attorney of their choice to seek compensation.

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

Contact a lawyer Now!

When You Should Contact a Funeral Negligence Lawyer

If a funeral home has violated your trust by mishandling a deceased loved one, you deserve to exercise your legal rights. Funeral homes, mortuaries, and other providers have an obligation to fulfill your loved one’s final wishes. Unfortunately, some funeral homes make horrendous errors that rob mourners of the respectful and dignified service they expected. Other funeral providers stoop to criminal activity by selling organs or stealing jewelry and other valuables from the deceased.

Mishandling a corpse violates FL statutes Chapter 497, and of the ethical and legal trust that consumers place in funeral homes. These actions make a mockery of what should be a reflective good-bye to a departed family member. A funeral negligence lawyer will pursue compensation for the emotional damages inflicted on family members. The court may also direct punitive damages for egregious acts.

How Funeral Negligence Can Occur

Funeral homes work with several clients at a time. Careless staff members and service providers can cause errors at any stage once the deceased is in the care of the funeral provider.

As funeral negligence lawyers in Florida, we have seen these mistakes occur:

Mishandling of the Decedent or the Remains

Sometimes a funeral home will make mistakes in the transporting, storage, or embalming phases:

  • Dropping the corpse and/or coffin during the funeral or burial service.
  • Improper storage or embalming that prevents a family from a desired open casket service.
  • Unauthorized embalming that violates the deceased’s wishes for personal or religious reasons.
  • Misidentification of the body resulting in a mix-up in burial.
  • Using a broken or defective casket in violation of the contract for a new casket.
  • Burying multiple bodies or body parts in one casket.
  • Burying the decedent in the wrong plot.

Cremation Errors and Negligence

Family members expect that a funeral home will honor the wishes of the deceased. A funeral home must have permission from the family before cremating. Cremation errors include:

  • Cremating a corpse that was supposed to be prepared for viewing and burial.
  • Combining cremated remains with other bodies.
  • Losing the cremated ashes.
  • Mislabeling the cremated ashes.
  • Performing a cremation without authorization or proper identification.

Theft, Fraud, and Other Unethical Practices

Funeral homes are bound by specific state and federal guidelines. For example, the Federal Trade Commission’s Funeral Rule guarantees your right to buy the funeral goods and services that you want and what may be required by state, local, or federal health and safety codes. Some unscrupulous funeral providers will:

  • Steal jewelry, clothes, or other valuables that family members place in their loved one’s casket.
  • Harvest the decedent’s organs for profit.
  • Sell the body and bury an empty casket.
  • Switch a new casket for a used or defective model.
  • Overcharge or sell unnecessary goods and services to a grieving family member.
  • Stack two coffins in one plot to increase burial plot profits.

Cemetery Maintenance Negligence

Families pay an annual or monthly maintenance fee in exchange for the proper upkeep of their loved one’s grave. Unfortunately, not all funeral homes and cemeteries honor this contract by:

  • Not cutting the grass and maintaining the burial plot according to the maintenance contract.
  • Moving bodies without the family’s permission.
  • Burying multiple bodies in the same plot.
  • Not protecting the dead with reasonable security measures from grave robbers and vandals.
  • Substituting a headstone with one of inferior quality and keeping the profit.

How an Attorney Shows Liability in a Funeral Negligence Lawsuit 

A Fort Lauderdale funeral negligence lawyer can file an insurance claim or a lawsuit in Florida to pursue compensation. If the funeral home mishandled the body, stole valuables, or in some other way was intentionally or recklessly negligent, you deserve compensation for:

  • Pain and suffering
  • Mental anguish
  • Replacement or repayment for insufficient or damaged goods, or if overcharges are discovered

It is important that you give your lawyer copies of the funeral home contracts, bills, or receipts. Your lawyer will use this to show how the funeral home did not supply the promised goods and services:

  • The funeral home owed a duty of care to you and your family as proven by your contract as well as federal and state guidelines.
  • The funeral home breached its duty through negligence or intentional actions.
  • This breach directly caused you emotional distress and other damages.
  • The damages caused economic loss.

Funeral Negligence Results in Emotional and Financial Harm

Imagine the horror of seeing a stranger in the casket that you selected for a beloved family member. Or hearing that the funeral home mistakenly cremated your loved one. Sadly, these tragedies occur because of negligence.

Whether you are following your loved one’s final wishes or acting as his or her authorized representative, you expect that the funeral home and its staff will meet their responsibilities properly and respectfully. When this does not happen, it is time for you to contact an attorney with an understanding of these cases.

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

Contact a lawyer Now!

Statute of Limitations for a Florida Funeral Negligence Lawsuit

FL § 95.11 allows four years from the date of the incident to file a personal injury lawsuit. Often a funeral home will try to settle these matters out of court and away from the public spotlight. A personal injury attorney in Florida with the Law Offices of Wolf & Pravato will explain your legal options and the potential benefits and challenges of a settlement or a trial. Please call today for a free consultation at (954) 633-8270.

We also help the victims of a funeral home in the following cities:

Eric RosadoCan I Sue for Negligent Mishandling of a Corpse?
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How Long Do You Have to File a Negligent Security Case in Florida?

Florida law limits how long you have to file certain types of lawsuits. Under Florida Statute 95.11(3)(a), you generally have four years from the date of your injuries to file a negligent security case or any other type of premises liability case in Florida courts. This may not apply in every case, though, so it is important to reach out to a premises liability lawyer as soon as possible after your injuries. 

We can review your case, determine the deadline to take action, and get to work identifying the liable party. We need to investigate the incident and collect evidence, build a strong case against the property owner or occupier, and try to negotiate a fair out-of-court settlement before we decide if we need to litigate your case. All of that takes time, which is why it is so important to get started as soon as possible.

Understanding When You Have a South Florida Negligent Security Case

In most cases, property owners are not responsible for the actions of a third party at their home or place of business. However, Florida law allows crime victims to pursue a case against the property owner under certain circumstances. This type of case is known as a negligent security case. Negligent security cases stem from incidents when a person is the victim of a crime on someone else’s property. 

If the property owner or occupier failed to take actions that could have prevented a foreseeable crime, they may be liable for the expenses and losses of the victim. Negligent security cases can stem from many types of crimes that lead to loss of assets or expenses such as medical bills, including: 

  • Robbery
  • Assault
  • Battery
  • Sexual assault or battery
  • Rape

Property owners and occupiers have a responsibility to take reasonable actions to ensure the safety of those that visit, including invitees, customers, friends, and others who are legally on the property. This duty may include taking security measures such as installing lighting in dark areas and having security guards present, depending on the nature of the business and a number of other factors. 

Both commercial and residential property owners, as well as occupiers who operate a business or live on leased property, can face legal action if they fail to protect guests from foreseeable crimes. In many cases, a property owner can take a few simple steps and prevent numerous crimes, or at least reduce their risk. 

Proving a Negligent Security Case in South Florida

To recover compensation from an out-of-court settlement or obtain a verdict and recover an award in court in a negligent security case, a crime victim will need to provide evidence to prove several factors. This includes:

  • They were on the property owner’s property legally; trespassers are unlikely to be able to prove a negligent security case.
  • The property owner or occupier did not exercise reasonable care in preventing the crime or give adequate warnings about the risk.
  • The property owner did not uphold their duty to offer reasonable security for guests on the premises.
  • They suffered injuries because someone else committed a crime that the property owner should have reasonably foreseen. 
  • They would not have suffered injuries if the property owner had upheld their duty to provide reasonable security. 
  • They suffered economic damages.

In short, they need to prove they lost money because the property owner failed to provide adequate and reasonable security to protect guests.

Negligent Security Cases Offer Another Option to Recover Compensation When the Law Allows It

In some cases, filing a negligent security claim is the only way a victim can try to recover their losses following a violent crime. They may have medical bills, lost wages, out-of-pocket costs, and pain and suffering with nowhere else to turn for compensation. Sometimes, the police cannot identify the party who committed the crime and inflicted the injuries, or they do not apprehend them. 

Even when they do catch the person who perpetrated the crime, the criminal is much less likely to have insurance coverage for this type of event than the property owner. For this reason, if a property owner failed to prevent the crime from taking place, you may want to consider pursuing a case against them. 

Some Types of Businesses May Have Immunity Under Florida Law

Under Florida law, you cannot hold the owners of some convenience stores responsible for negligent security on their property. Florida statute 768.0705 protects “convenience businesses” that implement certain security measures, including: 

  • Training employees on how to react to a crime;
  • Installing a security camera system;
  • Posting signage about keeping a limited amount of cash in the register; and
  • Using a drop safe.

This is important to know because convenience stores are common locations for robberies and other crimes. Still, despite this law, many convenience stores do not meet the criteria for its protections. If you or a loved one were injured at a convenience store, a premises liability lawyer can help you determine what options may be available to you. 

The Law Offices of Wolf & Pravato Can Review Your Case for Free Today 

At the Law Offices of Wolf & Pravato, our team can explain your legal rights and help you hold the responsible parties liable to the fullest extent allowed by Florida law. During your free case review, we will discuss the facts of your case and help you understand if you are eligible to pursue compensation from the property owner of the home or business where you were the victim of a violent crime. 

Call 954-633-8270 now for you no-cost, no-obligation initial consultation with a member of our South Florida premises liability team.

Eric RosadoFile a Negligent Security Case in Florida
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In a negligent security case, you have to prove that the establishment or institution failed to provide adequate security to protect you from an attack by a third party.

The facility owner or administrator did not provide enough security to keep you safe when you needed protection the most. Therefore, you have the right to file a lawsuit against the entity and recover your economic or noneconomic damages for your negligent security injuries. A negligent security lawyer can help you establish these elements to ensure you receive fair compensation from the insurance company.

Element 1: Duty of Care

Businesses and other institutions such as bars, government agencies, or educational facilities have a duty to keep their customers, visitors, or other occupants safe. They must provide security that is adequate enough to prevent foreseeable dangers.

The entity had a fundamental duty to keep you safe while you were on the premises. The duty can be either implied or express. For instance, an establishment has a duty to keep all approaches and the surrounding area safe for patrons. Reasonable measures might include ensuring the parking lot or area between buildings is well-lit at night.

Element 2: Breach of Duty

The company must have failed to keep its property safe. For example, the company failed to replace burnt out lights between buildings on its property.

Element 3: The Breach of Duty Led to Your Injury

You were assaulted walking from one building to another because of a poorly lit area between the buildings. The company failed to uphold its duty to you and as a result, you suffered injury.

Element 4: You Suffered Damages as a Result

As a result of the attack, you suffered physical, economic, noneconomic, or other damages. You must have evidence that can substantiate your damages.

Examples of Negligent Security Claims

In a negligent security case, a property owner or organization failed to provide a safe environment. As a result, you were the victim of an attack. Examples of negligent security claims include:

  • ATM robbery
  • Store parking lot mugging
  • Hotel room assault
  • Apartment or condominium assault
  • Gas station robbery or mugging
  • College campus sexual assault

If you experienced these or similar types of attacks, then you may be entitled to submit a lawsuit against the company or organization and recover damages. Your negligent security lawyer can provide evidence that the attack against you could have been prevented if it was not for the company’s negligence.

Proving a Foreseeable Injury

The company or other entity may state that there was no way that anyone could have foreseen an attack or an injury. The defendant may use this position as a way of relieving the company from any liability for your attack and subsequent injuries.

For example, if the establishment was in a safe area and there was no history of crimes occurring on the property, the property owner may claim that they had no duty to provide extra security.

Your negligent security lawyer can gather evidence, such as prior incident reports to prove that the attack was foreseeable and that the company should have taken measures to prevent it. Your attorney may further demonstrate that the attack would never have happened if it was not for the company’s negligence.

Furthermore, your lawyer may use a combination of factors to determine fore see ability, including:

Impending harm 

The property owner knew or should have known that the attack on you or someone else was imminent based on previous occurrences of the crime in the area.

Prior Cases of Attack

The owner experienced similar cases of attacks on their property but did not improve security after the instance.

Taking All Circumstances into Consideration

The owner should have looked at all the circumstances surrounding the property to determine if they needed to add more security to prevent criminal activity. For example, a bar where heavy drinking can occur may need security even if the area is not unsafe.

Obtaining Evidence of Your Damages

Your lawyer may obtain evidence to validate your claim further, such as:

  • An accident reconstruction expert
  • Revisiting the scene of the attack
  • Medical reports that confirm the negligent security injuries
  • Eyewitnesses who saw the attack

Your lawyer can investigate the scene to determine how the company could have provided adequate security measures to prevent your attack. Furthermore, your lawyer can investigate the case to see if the company was aware of the possibility of an attack and did nothing to prevent it.

Defining Adequate Security

While security is a clearly defined compliance issue for some companies in specific industries, there may be no guidelines or regulations that dictate what measures a company should take to secure their premises in other industries.

For instance, Florida Statutes §§ 812.173 and 812.174 outline precautions that convenience store owners must take to secure their properties such as:

  • Installing a security camera
  • Posting a notice that says the cash register contains less than $50
  • Using a drop safe to eliminate quick access to cash
  • Providing training to employees to deter robberies

Not all companies must abide by these types of statutes. Therefore, it can become more challenging to establish a duty of care or prove a foreseeable injury. However, all business owners and organization administrators must provide some level of security regardless of what type of facility they own or manage.

Your negligent security lawyer must establish that there was a reasonable and definable level of adequate security that a company should have provided to prevent your injuries. They must also show that the company failed to provide adequate security according to the reasonable and definable standard.

Contact Our Law Firm About Your Negligent Security Case

If you have questions about your negligent security case, then contact the Law Offices of Wolf & Pravato. A negligent security lawyer in South Florida can review your case. We can advise you as to your best course of action to receive compensation for your damages. Call us today at 954-633-8270 for a free case evaluation.

Eric RosadoWhat Do You Have to Prove in a Negligent Security Case?
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Right to Sue for Funeral Negligence

In a funeral negligence case in Florida, the family of the deceased has the right to sue for funeral home negligence. Immediate family may include the decedent’s spouse, parents, or children. In some funeral home cases, extended family or another party who is legally responsible for the deceased may file a lawsuit against the funeral home for damages.

If you discover that a funeral home has neglected to provide the right care for the body of your deceased loved one, a funeral home attorney can help you pursue compensation for the funeral home’s negligence. This can help ensure a proper burial for your loved one and see that liable parties are held to account for their actions.

Reasons Why a Family May Sue a Funeral Home

There may be cases in which the funeral home was negligent in performing its duties or the staff abused the deceased, such as:

Mishandling the Deceased Family Member

funeral home negligence attorney

Although the funeral home was given the task of properly handling the body, the staff may have mishandled the deceased in the following ways:

  • Disfigurement or distortion
  • Physical or sexual abuse
  • Placing multiple bodies in one coffin
  • Dropping the body in transit
  • Improper storage or a broken casket

Unlicensed Funeral Home Staff

All funeral home staff responsible for preparing the body for burial must be licensed by the state of Florida. If the funeral home allowed an unlicensed person to perform the embalming or cremation, this could be grounds for a funeral negligence lawsuit.

Robbing the Corpse

The funeral home may have removed personal items or clothing from the deceased. In the worst-case scenarios, funeral home staff have removed organs from the body and sold them as donor tissue.

Gravesite Protection and Designation

The funeral home is responsible for placing your deceased loved one in the right gravesite. In addition, they are also responsible for the protection and care of the gravesite. You can sue the funeral home if the staff placed the body in the wrong gravesite or allowed someone to vandalize or rob the grave.

Filing a Lawsuit Against the Funeral Homefuneral homes

Funeral negligence or abuse is often classified as a personal injury case. Although your loved one has already passed, their rights remain intact. You can sue the funeral home for personal injury to the deceased person.

When filing a lawsuit, your funeral negligence lawyer will work with you to build a case against the funeral home. You can speak with your attorney about what happened and why you have a claim. From there, your attorney can manage your case and work to get you a fair settlement for all damages.

How Your Family Can Prove Negligence or Abuse?

In a funeral home case, your lawyer will work with you to establish that the funeral home was either negligent or abusive in handling your loved one’s body. Your attorney will need to establish these four elements:

  1. Duty

The funeral home owed you a legal duty of care. Contracts or other documents will prove what services the funeral home provided for your family and the level of professionalism or care in which they should have rendered those services.

  1. Breach of Duty

In a lawsuit, we will show that the funeral home breached their legal duty and failed to handle the body of the deceased in an ethical, professional, or legal manner.

  1. Causation

We must demonstrate that the funeral home’s negligence caused harm or dishonor to the deceased. In addition, the funeral home also caused hurt, despair, and embarrassment to your family. If items were missing from the body, the funeral home can also be liable for their value.

  1. Damages

The funeral home may be liable for economic and non-economic damages. The court will decide how the funeral home will compensate your family for all financial losses, pain and suffering, and other non-economic damages.

How a Funeral Home Negligence Attorney Can Help You with Your Case?

Trying to make sense of what has happened to your deceased loved one can be overwhelming for any family. You may not know what your legal options are or where to start with your case. It can be helpful to seek legal counsel from a funeral negligence lawyer who can provide legal guidance, help you build your case, and see that justice is done on behalf of your family.

A funeral negligence attorney can help you with your case in the following ways:

  • Manage your case for you so that your family can begin healing
  • Explore the evidence and gather all documents
  • Contact the funeral home and their insurance company on your behalf
  • Represent your family throughout the legal process
  • Fight for a fair and just settlement with the funeral home

If the funeral home acted in negligence, we can help you take legal action against the funeral home in court.

Consult with Our Funeral Negligence Attorney

If you have any further questions about funeral home negligence and your legal rights, contact the Law Offices of Wolf & Pravato. We can discuss your case, go over your legal options, and help you decide what actions are right for you. Get a free case review today by calling 954-633-8270. We are here to help bring peace to your family during this difficult time.

We also help the victims of a funeral home in the following cities:

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How to Suing for negligence in Bar?

If you don’t know “how to sue a nightclub?” When a Florida bar or nightclub owner fails to fulfill their duty to keep their premises secure and their patrons safe, victims can hold the bar liable for any damages they suffer as a result of this negligence.

The legal basis for this liability is called “negligent security.” A species of premises liability law, negligent security considers civil action for crimes and acts of violence that occur on a property. When you suffer as the victim of a violent act in a bar or night club, you can sue a bar for negligence. Violence, in this case, can take the form of rape, assault, or battery, and can involve other patrons, employees, and bouncers at the establishment.  

Here’s how to sue a nightclub

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How to Prove Negligence in Your Negligent Security Case?

If you want to sue a bar for negligent security, you will need to address the essential elements of a negligence case by asserting and proving that the following four statements are true:

  • The bar owner or other defendant had a legal obligation to provide basic security measures for their establishment, including, but not limited to adequate lighting and security staff.
  • The bar owner or other defendant violated this duty through either action or inaction.
  • The bar owner’s lapse in security caused the violent incident you experienced.
  • You, the plaintiff, suffered an injury as a result of the bar owner’s or other defendant’s breach of duty.

How to Establish the Elements of Premises Liability in a Florida Bar Lawsuit?

Florida property owners have a legal responsibility to visitors to their properties and patrons of their businesses. Under Florida premises liability law, property owners, including those who own bars and nightclubs, must take reasonable care to:Sue a Bar for Negligence

  • Maintain a safe environment for visitors to and patrons of the bar
  • Warn customers and other invited visitors of any hidden dangers
  • Take necessary precautions to remedy these hazardous conditions; and
  • Try to uncover any and all hazards that exist on the property

When a bar owner neglects to fulfill these responsibilities, the law finds them to be negligent.

But that is not the end of it. You must convince a jury that the injury you suffered in the bar or nightclub was foreseeable by the defendant.

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How to Prove Foreseeability for Suing a Bar for Injury?

Within the requirement of establishing the bar owner’s duty in your negligent security case, we must also establish foreseeability—that the defendant “knew or should have known” about the potential for a violent act to occur when you suffered the act of violence you experienced at their establishment.  

Your lawyer can enlist the help of the police department by requesting all police reports and calls for service for the bar where you were attacked. By showing a history of violent crimes on the property, your attorney will be able to convince a jury of the high probability that the bar owner knew of the potential for this type of danger and failed to implement the appropriate and adequate security measures to protect you.

What to do after Fights in Bars and Nightclubs?

International research on the violence that occurs in the “night-time economy reveals that violent offenses peak on the weekends and they occur in and around clubs and bars. Typically, violence in these environments occurs between young men who are not acquainted. Common injuries include facial damage and “glassings,” among others.

Alcohol plays a contributing role in bar violence, both directly and indirectly. Other risk factors include overcrowding, poor ventilation, poor access routes, and permissive social environments facilitated by establishment policies and behavior of bar staff.

Sexual Offenses in Bars and Nightclubs

Female bar and nightclub patrons experience different types of aggression in these establishments. According to “Alcohol Use and Violence Among Young Adults,” an article published by the National Institute on Alcohol Abuse and Alcoholism (NIH), around 30 percent of the aggression that women suffered in bars is of a sexual nature, including a wide range of behaviors, from inappropriate comments to nonconsensual physical contact.

This article also delved into the roles that bars’ social and environmental characteristics play in bar and nightclub violence. The authors report that “violent bars were smokier, higher in temperature, dirtier, darker, more crowded, more likely to have competitive games, and more likely to employ bouncers and male employees.” Establishments where women experience violence display more permissiveness toward sexual behavior and illegal activities.

Shootings in Bars

It was almost midnight when law enforcement officers showed up at the Blue Martini bar in Fort Lauderdale, Florida. They were responding to reports of shots fired inside the establishment. Of the three shooting victims, one died at the scene. The remaining two bar patrons were taken to a local hospital, where one of the victims was listed in critical condition. Law enforcement officials believe that an altercation in the bar led to the deadly shooting.

This true story occurred in May 2019. It represents the kind of violence that transpires in bars and nightclubs everywhere, even South Florida.

Bar Characteristics Can Trigger Violent Behavior in Bars

“The Bar Violence Study” (Quigley et al. 2003) referenced in NIH’s article concluded that “when bar characteristics were entered into the equation, the characteristics of the bars rather than the characteristics of the clientele seem to be the stronger determinant of whether violence occurred or not.”

All evidence suggests that establishment owners can take reasonable steps to prevent these catastrophes. In fact, Florida law requires that they do just that.

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

Contact a lawyer Now!

How Our Legal Team Can Help You Sue a Bar for Negligence?

South Florida attracts as many people for its lively nightlife as it does for its sunshine, beaches, and palm trees. Bars and nightclubs of every type dot the landscape, giving visitors a broad range of entertainment options for a Friday or Saturday night.

But when bars begin to crowd alcohol flows, lights are dim, and security is lax, violence can easily step in to ruin the party.

If you suffered injuries in a South Florida bar or nightclub, and you want to sue the establishment for negligence, the Law Offices of Wolf & Pravato can help you recover the compensation you deserve. Call 954-633-8270 for a free case review with a negligent security lawyer.

We also help the victims in other cities:

Eric RosadoHow to Sue a Bar for Negligence
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Examples of Funeral Home Negligence Cases

Funerals are emotional undertakings. They can be made much worse if the funeral home behaves negligently. Unfortunately, as funeral negligence attorneys, we see these cases all too often.

Funeral Home Displays the Wrong Baby at Funeral

The team at the Law Offices of Wolf & Pravato recently handled a case involving grieving parents who were unable to say goodbye to their stillborn child due to the negligence of the funeral home they trusted. The parents decided to hold their baby’s funeral at McWhite’s Funeral Home in Fort Lauderdale, FL. Per the parents’ desires, the casket was to be open for viewing. Before the funeral began, they discovered the casket was not open as discussed. Mr. McWhite opened the case with some reluctance.

The grieving parents found, to their horror, that the baby in the casket was not their baby girl. When the parents brought up their concerns, Mr. McWhite told the parents that the baby’s appearance was due to the embalming process. The parents then buried this baby, thinking it was their child.

Days later, they received a “Disinterment Order” and learned the horrible truth—the baby they buried was not theirs. The funeral home had mishandled the remains and switched their baby with another family.

As if this injustice was not enough, once the funeral home located their baby, they found that she had not been embalmed; instead, she was just wrapped in plastic. The parents decided they needed to have a funeral the next day. When they arrived at the funeral home the next day for the funeral, they found that the funeral home had already sealed their daughter’s body — still wrapped in plastic — in the coffin and refused to reopen it.

The funeral home finally agreed to reopen the casket and allowed the parents to dress their baby and say their final goodbyes. The parents contacted us that same month. We were able to prove the funeral home acted negligently and then lied to cover up their negligence. The funeral home settled for $500,000, the full amount of its insurance policy. The settlement included both compensatory and punitive damages.

Coral Springs Funeral Home Cremates Body Before Scheduled Viewing

A South Florida family filed a lawsuit for emotional distress in January 2019 after a Coral Springs funeral home mistakenly cremated their loved one’s body before the scheduled viewing. The family planned to have a viewing for their loved one in September for friends and family. However, the day before the viewing, the deceased’s husband received a call that his wife’s remains had been mistakenly cremated.

Because the remains had been cremated early, the family was not able to say their final goodbyes to their loved ones.

While the family was able to receive their loved one’s ashes, the original act of creating the body early has left the family unsure as to whether the ashes truly belong to their loved one. The family hopes to take the case to trial and is requesting over $15,000 in damages.

Lauderdale Lakes Funeral Home Buries Wrong Newborn Baby

In 2014, a devastated family sued a Lauderdale Lakes funeral home after discovering it buried another baby in their child’s burial spot. In addition to mishandling the remains, workers at the funeral home also allegedly said the family needed to “speed up” the funeral service before swapping out the caskets.

Two weeks later, the father was asked to identify his child and learned of the mistake. The parents sued the funeral home for “conduct [that] is so outrageous in character and so extreme that it goes beyond all bounds of decency in a civilized society.” They also claimed “tortuous interference with a dead body, reckless infliction of emotional distress, and negligence.”

South Florida Funeral Home Sends Wrong Body Overseas

A South Florida family sued a Miami funeral home for several mix-ups involving the body of their deceased son. First, the funeral home sent the wrong body to Cuba, where the funeral was to be held. When the parents alerted the funeral home, they were told they would receive their son’s body the next day. This never happened. Instead, the funeral home admitted it accidentally cremated the body.

The family requested the ashes, only to find that the funeral home had given the son’s ashes to the wrong family who, believing them to be their loved one’s, scattered them at sea.

This funeral home had a history of mishandling remains and even of holding a body hostage.

Examples of Funeral Home Negligence

There are several ways in which a funeral home can be negligent, including:

  • Not embalming a body or incorrectly embalming a body
  • Mishandling cremation (e.g., cremating the incorrect body, cremating the body too early, creating a body meant to be buried)
  • Misplacing a body, displaying the wrong body at the funeral, burying the wrong body, not following specific instructions regarding a body

Regardless of the type of negligence a funeral home showed you and your family, we can help.

The Law Offices of Wolf & Pravato Is Here for You

We trust funeral homes to help us through arguably the most difficult time in our lives. While cases like these should never happen, they do. If it does happen to you, know that you are not alone. Our entire team stands with you and will fight tooth and nail to get justice for your loved one.

Call us whenever you are ready: 954-633-8270. We are standing by to help 24/7. We know nothing will ever make what happened right, but our team wants to help you in whatever way we can.

Eric RosadoFuneral Home Negligence Case
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