Personal Injury Attorney

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.

May 8, 2012

Pasco County Personal Injury Lawyers Whittel & Melton :: Spring Presents Dangers to Boaters and Swimmers in Tampa Bay-Area Waters

by Whittel & Melton, LLC

Two unrelated incidents off Fort De Soto Park at the end of April spotlight the hazards the public can face as warm spring weather moves in and people return to the water.

A 50-year-old paddle boarder has been missing since April 28 when his board was found near the north entrance of the Manatee River and his car found near Fort De Soto Park. The search has been called off, but officials still hope to locate the missing man.

The following day, a 56-year-old Clearwater woman apparently drowned in the waters near Fort De Soto’s North Beach picnic area.

While weather may not have been a factor in these two incidents, they do show people that they should exercise caution anytime they are in or near the waters, even during as placid a season as spring.

According to a Bay News 9 meteorologist, when cold fronts from winter continue to mesh with the warmer air and water spring brings, strong gusts and rip currents can be produced making it dangerous to swim or kayak or canoe or paddleboard in the open water.

Local safety experts warn the public that those erratic winds should be the top worry of anyone planning to venture into the water this spring.

Gusts of wind can create several problems for swimmers. They can create currents parallel to the shore that can carry swimmers along with them — and away from their part of the beach.

Even more perilous are strong rip currents that can sweep swimmers away from shore, and possibly fatigue those who try to fight.

Experts advise taking the following safety precautions into consideration before embarking on any water expedition:

• If operating a boat, kayak, canoe or paddleboard always make a float plan. This provides
someone with the knowledge of where you’re going and the ability to call for help if you don’t
make it back in time.

• Everyone planning a day on the water needs to check the forecast, as well as the lifeguard flags that indicate swimming conditions.

• If caught in a rip current, do not try and swim against it. Do not panic. Swim parallel until the current lessens its hold on you.

• Know and respect your limitations.

Pasco County boasts more than 30 beaches, parks and preserves that provide residents and visitors with fantastic recreational opportunities. Unfortunately accidents where people play, swim and boat can and do occur. The Florida Personal Injury Attorneys at Whittel & Melton advocate on behalf of victims injured in boating, swimming and water park injury cases. If your water-related accident was the result of someone else’s negligent actions, you may be entitled to compensation. At Whittel & Melton, we will aggressively fight for just compensation for your losses.

The Pasco County Personal Injury Lawyers at Whittel & Melton can help you recover compensation for personal injuries, wrongful deaths and other damages resulting from:

• Jet Ski Accidents
• Accidental Drowning
• Defective Safety Equipment
• Insufficient Warnings
• Swimming Pool Drain

• Charter Boat Accidents

• Pleasure Boat Accidents
• No Lifeguard on Duty
• Poorly Trained Lifeguards
• Inadequate Swimming Pool Design
• Motel and Hotel Swimming Pool Negligence
• Water Park Injuries
Most insurance adjusters involved in water-related accidents are trained to deny claims. Don’t let insurance adjusters take advantage of the situation by settling for low amounts. When you are involved in an accident, it is important to understand that you have legal rights. At Whittel & Melton, we will seek maximum compensation for your injuries. In the event of a death, we can assist family members of a loved one pursue a wrongful death claim. While we cannot change what happened, we can help you recover financial compensation so that you can focus your efforts on healing.

April 23, 2012

Florida Nursing Home Abuse Lawyers :: Nursing Home Assistant Accused of Holding Pillow over Elderly Patient’s Face

by Whittel & Melton, LLC

A 53-year-old nurse’s assistant at a nursing home in St. Johns County was arrested April 13 and charged with elderly abuse after he apparently held a pillow over the face of an 81-year-old female patient.

A co-worker allegedly overheard the woman screaming outside the room at 2:30 a.m. After opening the door to assist with the problem, the co-worker apparently witnessed the accused holding a pillow over the face of the victim.

The co-worker claims the accused threw the pillow at the headboard after being spotted.

The incident was reported to a nursing supervisor who then contacted police.

The accused was booked into the St. Johns County Jail in lieu of $5,000 bond.

Retirement homes, nursing homes and other long-term care facilities have a duty to provide for the physical and medical care of their residents. This includes protecting residents from unnecessary harm. When these facilities and their staff fail to provide a proper standard of care, injury, serious illness and death can occur.

Nursing home abuse can come in many different forms, from intentional physical abuse to careless treatment leading to broken bones, bedsores and unexplained bruises, burns and cuts. Elderly mistreatment may also encompass the following:

• Physical or Sexual Assaults by Staff
• Medication Errors
• Failure to Follow Proper Treatment Plans
• Lack of Proper Supervision Leading to Slips, Trips or Falls
• Dehydration and Malnutrition

The Florida Nursing Home Abuse Lawyers at Whittel & Melton encourage everyone to keep a close watch on the seniors in their life. Unfortunately, this includes watching for signs of abuse at long-term care facilities as well as among the elderly that reside at home under someone else’s care. If any problems are identified, the top priority should be to remove the senior from the unsafe settings. Following this, all legal options should be taken into account so that the senior can recover for the suffering they experienced.

April 19, 2012

Orlando Theme Park Injury Lawyers Whittel & Melton :: International Drive Go-Kart Track Closed after Girl’s Leg Slashed

by Whittel & Melton, LLC

State inspectors Wednesday were looking into an International Drive go-kart attraction that apparently sent an 11-year-old girl and a man to hospitals.

The chief of the Florida Bureau of Fair Rides Inspection claims the collision impact, which happened around 7:45 p.m. Tuesday, caused a corner of the track to fall a few inches.

The attraction will remain closed until the investigation is complete.

The girl’s leg was cut and the man was complaining of chest pains. As of Wednesday, the conditions of the two were not available.

The Florida state bureau last inspected the attraction in December. They allegedly discovered one cart with a cracked framed and another with a faulty gas cap. The damages were apparently repaired.

The attraction was the site that killed a maintenance worker last July.

A 30-year-old man fell while working on the ride, which according to the website swings patrons 230 feet above the ground and rotates them 360 degrees at about 50 mph.

Florida residents and tourists flock to the many roller coasters, thrill rides and attractions that Florida’s numerous theme parks boast. While these attractions can provide limitless hours of entertainment, they also can be the cause of unnecessary tragedies. Go-karts pose numerous threats and dangerous, including:

• Exposed Gas Tanks
• Lack of Protection for the Arms, Head and Legs
• Uncovered Engines
• Exposed Machinery

Whether you suffered whiplash injuries on a ride or were the victim of another rider’s negligence, the Orlando Theme Park Injury Lawyers at Whittel & Melton can help you seek maximum compensation for your injuries. Amusement park owners, managers, manufacturers and insurance companies will vigorously attempt to dodge liability and will often try and limit the amount they pay you for your injuries. At Whittel & Melton, we can build a solid case in your favor by gathering evidence, speaking with witnesses and consulting with experts.

It’s important to realize that your window of opportunity to report an amusement park injury may be narrow. There is little time to mull over what you should do. By contacting a personal injury law firm immediately, you can get educated about your rights and begin pursuing compensation from any obtainable sources.

April 11, 2012

South Florida Burn Injury Lawyers Whittel & Melton :: Possible Acid Bomb Left inside Mailbox Injures Woman

by Whittel & Melton, LLC

A Davie, Florida woman is recovering from a burn injury after reaching her hand inside a mailbox where police believe an acid bomb exploded.

Police responded to a residence around 9 a.m. and treated the woman for a minor injury.

The woman told police she heard a loud noise Tuesday night, but did not link the sound to the hanging mailbox door she found Wednesday morning.

Inside the mailbox, police found the shredded remains of mail and a plastic water bottle.

Bomb squad specialists responded to the scene to handle the mailbox’s contents. As of late Wednesday, they were still unidentifiable.

It is suspected that household items were combined to make an acid-based substance, which can cause enough pressure to make a bottle explode.

The physical pain associated with a burn injury can be agony. Burn injuries can result in a lifetime of limited mobility and medical care needs, including skin graft operations and daily medication to control chronic pain. Depending on the substance involved, even minor burns can cause localized or systemic damage to the nervous, immune or endocrine system. Whether your burn injury was the result of a defective product, an explosion or even chemical exposures, the sooner an attorney can conduct an investigation and look out for your interests, the better.

Burn injuries resulting from fires, electricity, acid and exposure to toxic substances may cause scarring that requires plastic or reconstructive surgery. The Florida Burn Injury Lawyers at Whittel & Melton have the resources and access to medical experts to correctly evaluate the full lifetime cost of your injury. We are trial lawyers. This means we are prepared to zealously pursue maximum recovery in a lawsuit against any responsible parties.

April 4, 2012

Tampa Motorcycle Injury Attorneys Whittel & Melton :: Apollo Beach Motorcyclist in Critical Condition Following Crash with 100-Year-Old Driver

by Whittel & Melton, LLC

A 22-year-old motorcyclist remained in critical condition Tuesday afternoon after being involved in a collision with a 100-year-old driver.

The Florida Highway Patrol claims a 2003 Buick Century made a left turn into the motorcyclist’s path.

The 22-year-old was ejected from his motorcycle and taken to Tampa General Hospital.

The Buick’s driver, apparently born in 1911, suffered minor injuries.

No charges have been filed as of yet. The investigation is pending.

The sunny, warm climate of Florida tends to entice a large number of motorcycle enthusiasts each year. However, when the number of motorcycles on the road is increased this invariably leads to a surge in motorcycle collisions. Many factors can contribute to a motorcycle crash, including:

• Weather Conditions
• Speeding
• Riding Skills
• Road Hazards
• Reduced Visibility

Motorcycle accidents often leave passengers with severe injuries due to the lack of standard safety features that other passenger vehicles are equipped with. Motorcycles are not outfitted with the protective metal frame, safety belts and airbags that provide safety to occupants of passenger cars, so motorcyclists likely experience catastrophic internal, brain and spinal cord injuries when involved in a wreck. These severe injuries can wind up costing you a substantial amount of time and money to recover from, and you may be unable to cover the cost of your medical bills due to time missed from work.

The Florida Motorcycle Injury Attorneys at Whittel & Melton know the financial difficulties many motorcycle injury victims face following an accident. You may require assistance to carry out daily tasks and be physically unable to work. You could be facing the stress of recovering from your injury, while at the same time trying to figure out how to cover household costs. At Whittel & Melton, we strive to help those injured in accidents recover financial compensation from the liable party. We can investigate your accident claim and put our resources at work for you while you focus on your road to recovery.

April 3, 2012

Hernando County Wrongful Death Attorneys Whittel & Melton :: Deputies Investigating Diving Death at Weeki Wachee State Park

by Whittel & Melton, LLC

One person is dead after a diving accident that occurred Saturday afternoon at the Weeki Wachee State Park.

Hernando County sheriff’s deputies are investigating the accident.

Authorities believe the accident took place between 4:30 p.m. and 5:00 p.m.

Police claim the accident was not related to a performance at the park.

The investigation is pending. No further details have been released.

All divers, whether diving for employment or for recreational purposes, assume the inherent risks that go along with underwater expeditions. However, this does not mean divers have no legal protection in the event an accident happens. Due to the risks attached, diving accidents often result in serious injury or death. The most common malfunctions that contribute to diving accidents, injuries or deaths include:

• Faulty equipment
• Negligent Training
• Line Entanglements
• Inadequate Guidance
• Lack of Assistance
• Negligent Air Checks
• Improper Instruction
• Defective Scuba Gear

The Florida Personal Injury & Wrongful Death Attorneys at Whittel & Melton represent recreational and professional divers who have suffered from diving accidents, as well as the families who have lost loved ones due to these catastrophes. When unfortunate accidents occur while diving, during instruction or during compression, victims and their loved ones deserve to be rightfully compensated for their injuries and losses.

Diving accidents can bring about serious injuries, such as:

• Neurological Injuries

• Asphyxia and Anoxia
• Type I and Type II Decompression Sickness
• Lung Damage
• Nitrogen Narcosis also known as “The Bends”
• Drowning and Wrongful Death

After an accident, it may be possible to file a personal injury or wrongful death claim. The Florida Personal Injury & Wrongful Death Attorneys at Whittel & Melton can review the circumstances surrounding you or your loved one’s diving accident and explain the options available to you concerning recovering the compensation you deserve.