Personal Injury Attorney

May 7, 2013

Florida Injury Lawyer :: Florida Girl Loses Legs in Lawnmower Accident

by Whittel & Melton, LLC

A 2-year-old Florida girl lost both feet last month after her father accidentally backed over her with his riding lawn mower.

The child was sitting on the lawn screaming and trying to get her father’s attention, but he was on a ride-able lawn mower and could not hear her over the roar of the engine. The child’s mother watched from a distance as her husband backed the lawn mower up and sliced the 2-year-old’s feet.

A neighbor, who is also a nurse, rushed to the scene and applied pressure to the child’s wounds while they waited for the emergency team to arrive.

The two-year-old was taken to the hospital where she underwent two surgeries. Both of her feet were amputated and she will eventually be outfitted with prosthetics.

Nearly a quarter of a million people are treated for injuries caused by lawn mowers every year, according to the American Academy of Orthopedic Surgeons. Lawn mowers are very sharp and can be quite dangerous, so anyone using them should always exercise extreme caution. Anyone using a lawn mower, or any other piece of outdoor equipment, should pay close attention to all safety guidelines in order to avoid injuring themselves and others that may cross their paths. A lawn mower is a serious piece of equipment that can deliver catastrophic injuries should an accident occur, so review the following reminders to keep you and your loved ones free from harm.

March 13, 2013

Florida Workplace Negligence Attorney :: Man Who Lost Penis in Industrial Accident Files Lawsuit Against Employer

by Whittel & Melton, LLC

Hillsborough County court records show that a Central Florida man whose penis and testicles were severed in an industrial accident several years ago has filed another negligence lawsuit, this time against his former employer.

The injured man first filed a suit in January 2011 against Future Foam Carpet Cushion and Baumer of America, the company that manufactured the “peeler” machine that caused the injury. However, the case was dismissed shortly after being filed.

Last month, the man filed another lawsuit suing Spartan Staffing, his former employer.

The man was injured Jan. 13, 2010 at Future Foam Carpet Cushion after he apparently removed a foam core from a machine that has a steel blade.

The man’s attorney claims he was not properly trained to operate the machine. Court records show that the steel blade sliced through the man’s pelvis, cutting off his penis and testicles.

Following the accident, Future Foam was cited for 10 serious violations by the Occupational Safety and Health Administration.

Under Florida law, most employers are required to carry workers’ compensation insurance coverage in case a worker becomes injured while on the job. Workers’ compensation benefits help to cover the costs of medical bills, lost wages and other expenses for injured workers. In order to receive these benefits the injured employee must demonstrate that he or she was harmed during the course of their employment. If the injury suffered is proven to be work-related, then the employee should be financially compensated for their injury.

While this process may seem straightforward, on the job injuries can be quite complex matters. These cases may involve multiple parties, including insurance providers, medical doctors, other employees and the Florida Division of Worker’s Compensation. Additionally, the laws governing these claims are ever-changing, which only makes it harder for injured workers to protect their claims.

March 6, 2013

Florida Personal Injury Lawyer :: NHTSA Recalled More Than 17.8 Million Products in 2012

by Whittel & Melton, LLC

According to the National Highway Traffic Safety Administration, manufacturers filed for more than 650 safety recalls in 2012 affecting more than 17.8 million vehicles, child seats and vehicle equipment. Additionally, the NHTSA prompted the recall of more than 9 million vehicles and 60,000 items of vehicle equipment, such as child safety restraints and tires.

Nearly 42,000 complaints from consumers addressing possible safety defects influenced the NHTSA to check out these potential issues for consumers.

Over the past three years NHTSA’s investigations and testing have resulted in more than 430 recalls, including 22 million vehicles and products. Since 1966, the NHTSA’s work has directly resulted in 17,000 recalls of more than 500 million vehicles and another 84 million equipment products.

Certain types of vehicle defects can lead to tragic car accidents that often involve not only the occupants of the affected car, but other drivers, passengers and even pedestrians. Auto defects can include tire defects, engine failure, structural problems, roof crush and many more. Multiple parties can be held liable when catastrophic collisions occur, including a negligent driver, the auto manufacturer or the maker of a defective auto part. While it is very important for a vehicle to do its job and protect occupants in the event of a crash, it is equally important for safety restraint systems to be fully functioning. This is also true for car seats, as they are supposed to minimize the risk of serious injuries to babies and toddlers should an unfortunate wreck occur.

February 13, 2013

Florida Injury Lawyer :: John Travolta’s Cruise Ship Case Dismissed

by Whittel & Melton, LLC

The high-profile lawsuit filed by a cruise ship attendant on the Royal Caribbean cruise ship that carried John Travolta as a passenger in June 2009 has been dropped as of Feb. 4.

In the lawsuit, a cruise ship worker accused Travolta of disrobing and exposing himself to him during a massage and then embracing him forcefully.

Travolta insisted that the man’s allegations were entirely fabricated.

Neither party has released what prompted the dismissal.

The abrupt and secretive ending to this case is quite interesting. Travolta’s attorneys attempted to throw the case into arbitration On Feb. 1. Travolta’s attorneys claimed that the stipulations printed on the back of Travolta’s Royal Caribbean ticket states that any legal disputes should be settled through arbitration. This simply means that Travolta would have avoided the publicity that goes along with a public trial. This is usually how cruise lines respond to lawsuits prompted by injured crew members. However, a federal judge denied Travolta’s request to arbitrate the case. If the case had not been dismissed, the case would have headed to a jury trial. Now that the lawsuit has been dropped, it is unknown whether the crew member was paid an out-of-court settlement in order to avoid a highly public trial.

October 5, 2012

Volusia County Student Hit by Car Adds to Ongoing Problem of School-Area Crashes :: Whittel & Melton

by Whittel & Melton, LLC

A Deltona, Florida student became the 10th student to be injured this year after he was struck by a car while riding his bicycle Thursday morning.

The driver was cited in the crash.

While the 11th grader only suffered minor injuries, Volusia County school officials said that children being injured by cars – two fatally – has been an ongoing problem in the area for the last two academic years.

School and community leaders in the area began researching the problem after 27 students were involved in collisions in the 2011-2012 school year. School officials decided to combat the issue with heightened awareness and law enforcement around the county’s schools.

Drivers were found to be at fault in about half of the incidents, but students’ not looking before crossing the street seems to be a contributing factor as well, according to a schools spokeswoman.

Another high school student was hit by a driver Tuesday while getting off the bus.
The motorist heading in the opposite direction apparently failed to stop when the school bus signaled it was stopping by flashing its lights. The student suffered a broken leg.

None of the injuries this year have been fatal, just minor injuries from bumps and bruises to broken bones. The collisions took place while students were biking or walking within a mile of their school.

Out of the 27 injured last year, 10 accidents occurred in Orange City, where a high school student was killed as he was walking to school in February. He was one of two students killed.

A safety zone was implemented to control the high number of accidents. The majority of victims were middle school students, but children as young as third graders have suffered injuries.

As children head back to school, it is important for all drivers to be extra cautious of the increased number of children walking or biking on sidewalks and streets. According to the National Highway Traffic Safety Administration, 59,000 pedestrians were injured in 2009. Of those injured, 13,000 were age 14 and younger. When traveling through residential areas and school zones, it is essential for all drivers to be on the lookout for children walking, biking or playing in the street as it is not uncommon for kids to unexpectedly dart out into traffic.

As a parent, it is important to teach your children the rules of being a safe pedestrian. Regardless of whether you are walking to school with them or if they are making the trek solo, there are certain safety rules children should be aware of.

• How to Cross Safely at an Intersection. Teach your child to never cross the road unless there is an intersection or crosswalk. Not only is this a safety measure, but it is the law, so make sure they follow it accordingly.

• Always Cross the Street with an Adult. Children younger than 10 should never cross the street alone. If you are unable to accompany them on their jaunt to and from school make sure another adult is. Holding a child’s hand when crossing the street can prevent them from running off and into oncoming traffic.

• Safety in Numbers. If your child is older and capable of walking without you, it is best for them to do so with a group. This is for safety reasons, as it is easier for motorists to spot a group of children as opposed to one.

• Use Sidewalks When Possible. All pedestrians should use the sidewalk if one is available. If not, remind children to stay on the shoulder of the road, facing traffic and as far away from moving vehicles as possible. If your child is riding a bicycle, explain to them that different rules apply. Bikers must always ride with traffic.

• Always Look Left-Right-Left. Before crossing the street, children as well as adult should always look left, then right, then left again. Explain to children that they should follow this rule at all times in case negligent drivers fail to follow traffic laws.

• Traffic Signals. Teach your children what the traffic signals are and what they mean. Show them how the buttons work and when it is safe to cross. Constantly remind children that just because the signal may say it is safe to walk, they should always look left-right-left before venturing out into the crosswalk. Do this with your child every time you walk with them to enforce good habits.

September 22, 2012

Construction Worker Rescued from Tampa Accident Site :: Whittel & Melton

by Whittel & Melton, LLC

A man was airlifted to a local hospital in Tampa Friday morning after firefighters rescued him from a construction accident under the Interstate 75 overpass.

The man was apparently working on the construction site when an unknown accident took place around 11 a.m.

He was apparently working in a 9-foot deep ditch when the wet dirt gave way and buried him.

His current condition is unknown.

Construction workers have one of the most dangerous occupations in the United States. According to the Occupational Safety and Health Administration, one in ten construction site workers are injured on the job every year across the U.S. In fact, there are nearly 150,000 construction site accident injuries every year, according to the Bureau of Labor Statistics. If you were injured while working on a construction site, you may be able to seek financial compensation for damages.

While injured construction workers may face limited rights under the state of Florida’s Worker’s Compensation Laws, there are ways to obtain compensation from the negligent parties that contributed to your injuries. When an accident on a construction site occurs, the owners, architects, insurance companies and manufacturers of equipment may be held accountable for failing to supply workers with a safe environment. In general, the contractor and any subcontractors are required to supply workers with a reasonably safe site, free from hazardous objects and toxic substances. Additionally, they must properly train all employees, enforce building safety codes, warn all employees of any danger zones and coordinate job safety. Despite various safety regulations, workers face many risks when on construction sites resulting in numerous injuries every year.

Many serious work-related injuries are due to falls from great heights. However, even something as minor as tripping over a misplaced piece of piping can deliver devastating injuries. The most common construction site injuries include:

• Broken Bones or Fractures
• Traumatic Brain Injuries
• Spinal Cord Injuries
• Burn Injuries
• Electrocution
• Amputation
• Scarring and Disfigurement
• Wrongful Death

August 20, 2012

What You Need to Know About Mesothelioma :: Whittel & Melton

by Whittel & Melton, LLC

Mesothelioma is a form of cancer that is generally caused by asbestos exposure. Asbestos is a group of minerals that form naturally in the environment as bundles of fibers that are resistant to heat, fire and chemicals. Unfortunately, inhaling or swallowing just one of these fibers can cause the malignant cancer known as mesothelioma. Symptoms associated with mesothelioma can occur slowly, and may not appear until 15-50 years after exposure. Every year across the United States, an estimated 2,500 to 4,000 patients are diagnosed with mesothelioma.

Mesothelioma usually attacks the outer linings of the lungs or chest cavity, the belly, the sac around the heart or the bowels. This terminal cancer has been known to cause a “pneumothorax,” which is a complete collapse of the lung. There is no known cure for mesothelioma, and sadly, most patients diagnosed with this cancer are given less than a year to live.

Identifying the point of exposure to asbestos can be very difficult as the long latency period makes it tough for patients to accurately remember where or when they may have been exposed to asbestos particles in the air. For the most part, cases of mesothelioma have been linked to asbestos exposure in the workplace. Asbestos exposure can result from performing the following activities in the workplace:

• Insulating Pipes
• Milling or Mining Materials
• Continual Maintenance of Railroad or Automotive Brakes
• Handling Roof Shingles, Flooring Materials, Cement Gaskets and Similar Products
• Fireproofing Ships and Buildings
Diagnosing mesothelioma can be challenging as symptoms are non-specific and can be indicators of other minor health problems. Symptoms of mesothelioma can include coughing, wheezing, difficulty breathing, chest or back pain, chronic hoarseness, difficulty swallowing and swelling of the face and arms. Many people experiencing symptoms similar to these believe they are suffering from a common cold and not something far more serious. The only way for a physician to properly diagnose mesothelioma is to perform an X-ray and CT scan of the chest cavity.

August 3, 2012

Tampa Bicyclist in Critical Condition after Being Hit by Car :: Whittel & Melton

by Whittel & Melton, LLC

A 22-year-old Tampa bicyclist was rushed to the hospital Wednesday night after sustaining critical injuries in a collision with a car.

The man was riding his bike around 11:15 p.m. when he apparently rode into the path of a Honda driven by a 23-year-old Tampa woman.

The Honda hit the bicycle head-on. The driver was uninjured in the crash.

The man remained in critical condition at St. Joseph’s Hospital Thursday morning.

When cars collide with a bicyclist or pedestrian, the results can be tragic. When walking or traveling on a bicycle, you do not have the same structural protection that cars offer, so you are more likely to suffer severe injuries should an accident happen. According to the National Highway Traffic Safety Administration, 51,000 bicyclists were injured across the United States in 2009 and another 630 were killed.

Unfortunately, most motorists in Florida fail to recognize that bicyclists have the same rights and responsibilities as other motor vehicles on the roadway. That is why drivers must pay attention to their surroundings and respect the rights of cyclists before executing driving errors that can place bikers and pedestrians at an increased risk for injury or death.

A bike vs. car accident can be a terrifying experience to endure and the injuries involved may be exceptionally painful. There are numerous injuries that a cyclist may suffer due to an accident with a car, including:

• Concussions
• Traumatic Brain Injuries
• Broken or Fractured bones
• Spinal Cord Injuries
• Neck and Back Injuries
• Paralysis
• Wrongful Death
Every six hours in the United States a cyclist is fatally injured. Head injuries account for 75 percent of all bicycle collision injuries and deaths. Sadly, reckless or negligent drivers are usually responsible for most bicycle accidents. Cars and trucks are no competition for bicycles, and drivers must be held accountable for the injuries that they cause.

June 27, 2012

Florida Personal Injury Lawyers Whittel & Melton on Grilling Safely this Fourth of July

by Whittel & Melton, LLC

For many Americans, the Fourth of July holiday means grabbing friends and family members and barbecuing on the grill. While cooking out is essentially a rite of summer, most people fail to realize the budding dangers for serious burns and other injuries right in your back yard.
According to the National Fire Protection Association, from 2005 to 2009, fire departments across the United States responded to around 8,200 home fires per year that involved grills, hibachis or barbecues. Annually, these fires cause an estimated $75 million in property damage and injure 120 people. In addition, 15 deaths are reported every year as a result of home and grill fires.

Since June and July are considered the peak months for grilling fires, it is important to discuss how you can keep you and your loved ones safe this summer. The most important thing to remember is to keep your grill away from your house or garage as it could cause these structures to ignite. While it is convenient to grill on your deck or patio, it is not a good idea. Make sure your grill is at least 10 feet away from your home in order to reduce the possibility of setting any structures on fire as well as prevent carbon monoxide from building up in a confined area. Always keep children and pets away from the grill area and never leave the grill unattended.

It is a great idea to make sure your grill is in good shape before cranking up the heat. Whether you are using a gas or charcoal grill, follow these safety tips to execute a memorable barbeque this Fourth of July.

Charcoal Grills

• Get the charcoal ready for use. You can use charcoal chimney starters to start the charcoal using newspaper for fuel. You can also use a starter fluid, but make sure it is specifically charcoal starter fluid. Electrical charcoal starters can also be used, and these do not use fire at all. Just make sure you have an extension cord appropriate for outdoor use.

• Do not add charcoal fluid or any other flammable liquids to the fire once it has been lit.

• Make sure charcoal fluid stays out of the hands of children and away from any heat sources
• After you are done grilling, let the coals cool completely. Once this is done, the charcoal can be disposed of in a metal container.

Propane Grills

• Check the hoses and connections between the grill and propane tank before using it.

• Never use a match to check for leaks.

• A propane leak will release bubbles – running water over a hose will show these bubbles if there is a leak.

• If your grill has a leak, turn off the gas tank and grill. If the leak stops, make sure to get the grill serviced by a professional before using it again. If the leak does not stop, call your local fire department immediately.

• Should you start to smell gas while cooking, get everyone away from the grill right away and call the fire department. Do not attempt to move the grill.

As always, the Florida Personal Injury Lawyers at Whittel & Melton remind you and your loved ones to exercise safety first and enjoy your Fourth of July. Should the worst happen, we are equipped to handle cases involving fires, burns or other catastrophic injuries.

June 19, 2012

Federal Authorities Shut Down 26 Curbside Bus Companies Due to Safety Violations :: Whittel & Melton

by Whittel & Melton, LLC

U.S. transportation safety regulators shut down 26 bus companies last month operating curbside bus routes primarily on the I-95 corridor, Florida and the East Coast for alleged safety violations.

This action is the result of a larger investigation into crashes in New York and New Jersey last year that killed 17 people.

Officials claim U.S. Transportation Department truck and bus regulators served shutdown notices to three companies and their affiliates – Apex Bus, Inc., I-95 Coach, Inc. and New Century Travel, Inc.

All other operators that received citations were apparently associated with one of the three companies.

Regulators cited multiple safety violations, including drivers without a valid commercial license and vehicles not regularly inspected or repaired.

The bus companies transported passengers along Interstate 95 from New York to Florida.

Despite previous orders to stop service, several operators were still in business and three other companies were attempting to apply for operating authority.

While the commercial bus industry maintains a good safety record, federal accident investigators have apparently been pushing the Transportation Department to toughen up.

The crackdown started as a result of an investigation into curbside bus services to East Coast cities from New York’s Chinatown last year. The investigation by local authorities stemmed from several fatal crashes occurring in the Bronx last year that killed 15 people and on the New Jersey Turnpike that killed two others.

Congress is apparently contemplating legislation that would provide U.S. safety officials with more authority and tools needed to regulate commercial bus operators.

Public transportation accidents happen every day, often resulting in serious personal injuries and even wrongful death. If you or someone you love was injured in a bus accident, it is important to understand your legal rights. You may be able to pursue compensation against the transportation provider for past and future medical expenses, pain and suffering, disability, disfigurement, lost wages and other expenses.

There are numerous organizations that can own and operate buses for public transportation, including government entities and school districts. Often bus companies and agencies have their own experts and attorneys that handle any mass transit accidents. However, these transit companies will often try and limit their responsibility for any damages you suffered whenever possible. The Florida Bus Accident Injury Attorneys at Whittel & Melton can guide you and your loved ones through the legal process required for you to recover complete compensation. We can make sure your rights are protected and that you are treated with the respect you deserve. Before you speak with an insurance or bus company representative, make sure to speak with the Florida Bus Accident Injury Lawyers at Whittel & Melton first.