Articles Posted in Personal Injury Attorney

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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.

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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.

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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.

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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.

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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.

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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.

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A 64-year-old Hawthorne, Florida man was killed Tuesday morning when a fishing expedition turned deadly.

According to the Florida Fish and Wildlife Conservation Commission spokesman, the operator of the boat was killed after the airboat capsized. His 50-year-old fishing buddy visiting from New York suffered minor injuries and was taken to Putnam Community Medical Center in Palatka.

The men apparently placed their airboat in the Rodman Reservoir from the Orange Springs boat ramp around 8:30 a.m. The boat rolled over about a half mile from the ramp sending both men into the water.

Both men apparently shared a life jacket and used a cooler to stay afloat.

A man in a canoe found the pair drifting and attempted to paddle them to shore. As they neared the shore, a pontoon boat arrived and the occupants put the men on their boat to take them back to safety.

The Hawthorne man was apparently unresponsive. A Marion County Fire Rescue paramedic pronounced the man dead at the scene.

FWC officials claim the men were in the water for a couple of hours.

An autopsy will be performed to determine the exact cause of death.

Investigators were still trying to uncover the sunken airboat late Tuesday.

Airboats are great for navigating Florida’s swampy marshes and generally used for tourism and fishing trips. While their flat bottoms and raised fans make them perfect for shallow waters, their speed and open nature put occupants at risk for safety hazards. Airboats can reach high speeds, making them difficult to control in the water. Even the most experienced airboat operator can find themselves in an accident, so certain safety precautions should be considered when making an outing:

• Examine the airboat and make sure everything is in working condition. A boat that is in poor condition is unreliable, making it a potentially hazardous vehicle.

• Make sure everyone on the airboat wears a life vest before getting out on the water. A life vest can sometimes be the difference between life and death, even if the water is shallow.

• Pay attention to what is going on in and around the boat.

• Check the Weather Forecast. Inclement weather can be disastrous to your boating excursion, so plan accordingly.

According to the U.S. Coast Guard, nearly 5,000 boating accidents resulted in more than 70 deaths and 3,000 injuries in 2009. An astounding 485 people drowned in Florida in 2009 with 72 percent of victims aged 25 and older, according to the Florida Department of Health. Of these drowning deaths, 73 percent were classified as capable swimmers.

Florida waters are some of the busiest in the nation, so it is no surprise that it logs numerous boating accidents. Because of this, it is in everyone’s best interests to be familiar with boating rules and regulations before a boating trip of any kind.

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A 36-year-old Pennsylvania man was killed Sunday night in Hernando Beach after a collision with car launched him from his motorcycle.

The man was driving his Kawasaki motorcycle around 9:40 p.m. when a 2008 BMW sedan apparently attempted to turn left in front of him.

According to troopers, the driver of the BMW turned into the motorcyclists’ path causing him to crash into the side of the vehicle sending him flying from his motorcycle. The man landed in the middle of the road. He was pronounced dead at the scene.

Troopers noted that the man was wearing a helmet.

The investigation remains underway.

Riding a motorcycle is an increasingly popular activity in the state of Florida and motorcycle registrations are on the rise. Despite their popularity, motorcycles are a potentially dangerous undertaking. With little to no protection, motorcycle riders are unfortunately at greater risk for injuries when they are involved in accidents with other cars. Due to motorcycles lacking the steel frame and other safety features that are standard in cars, injuries resulting from a collision are usually severe and can include:

• Brain Damage
• Paralysis
• Road Rash
• Spinal Cord Damage
• Broken Bones
Wrongful Death

Numerous motorcycle accidents involve another vehicle. Often, these accidents involve a negligent motorist turning in front of or pulling out into an unexpected motorcyclist’s path, violating their right-of-way. As a result, the motorcyclist has simply two options, either crash into the car or crash trying to avoid the vehicle. In a majority of these cases, most motorists never even see the motorcycle, or take notice too late to dodge the crash.

If you have lost someone you care for in a motorcycle accident due to negligence, you should not be subject to financial hardship in addition to your grief. Under Florida law, you may be entitled to compensation for medical expenses, loss of future earnings, loss of companionship and other damages. The Florida Fatal Motorcycle Accident Attorneys at Whittel & Melton understand that losing a loved one is never easy. We can explain the best strategies for winning full and fair compensation from all negligent parties, including reckless drivers, speeding motorists and manufacturers of defective equipment. At Whittel & Melton, we will fight for justice in your case no matter what the circumstances.

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A tractor-trailer slammed into a motorcycle on U.S. Highway 27 in Polk County this week, resulting in the death of one person and causing a chain reaction of crashes.

In total, three separate crashes involving nine vehicles occurred in the Lake Wales area.

According to a Polk County Sheriff’s Office spokeswoman, the semi was traveling south when it drifted into the northbound lanes around 5:30 a.m. apparently due to poor visibility.

The tractor-trailer smashed into a motorcycle and a Ford Expedition. The 47-year-old motorcyclist was pronounced dead at the scene. The driver of the Expedition was transported to Lakeland Regional Medical Center in critical condition.

A second crash occurred in a northbound lane just south of the first involving a Chrysler minivan, a Toyota RAV-4, a Dodge Charger and a Ford pickup truck. All occupants of the vehicles were taken to hospitals. Their injuries were not considered serious.

No one was apparently injured in a third crash that occurred in the southbound lanes, involving a Mitsubishi car and a Ford Taurus.

Authorities claim the poor visibility that caused the stream of collisions was the result of fog or smoke from a controlled burn about 1.5 miles away.

The series of collisions remain under investigation.

Every year across the United States more than 5,000 motorists die in large truck collisions, including collisions with tractor-trailers and semis. The aftermath of an accident involving a semi-truck can be disastrous, often leaving survivors of the crash with serious injuries that could take weeks, months or even years to recover from. The Florida Semi Truck Accident Lawyers at Whittel & Melton provide victims of big-rig accidents the legal representation they need to recover damages. We also offer representation to families who have unexpectedly and tragically lost their loved ones in a fatal tractor-trailer accident.

A semi-truck can weight approximately 80,000 pounds, and sustaining this type of impact can leave motorists and their passengers suffering from catastrophic injuries. Catastrophic injuries are life-threatening injuries that can leave a victim with an altered physical appearance, mental disabilities and physical impairments. In fact, some catastrophic injuries may never fully heal.
Many catastrophic injuries lead to wrongful death. Catastrophic injuries include:

Traumatic Brain Injuries
• Neurological Disorders
• Burn Injuries
• Neck Injuries
• Amputation
• Head Injuries
• Spinal Cord Injuries
• Paralysis

Tractor-trailer accident victims can suffer from numerous injuries, including more minor injuries such as:

• Whiplash
• Broken Bones
• Sprains and Strains
• Cuts and Scrapes
• Deep Gashes

One of the most important things you can do after a Florida truck accident is to protect yourself and your loved ones from any further damage. This includes contacting a truck accident attorney to guide you through the legal process. While this may seem overwhelming, the Florida Semi Truck Accident Lawyers at Whittel & Melton can make sure you and your family receives the money needed for medical expenses, pain and suffering, lost earnings, emotional suffering and other damages.

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Any auto collision can feel traumatic despite the severity. Accident victims may feel angry that it wasn’t their fault, and could be suffering from painful injuries that require lasting medical treatment. Fighting with insurance carriers who will try and give you as little as possible for your injuries and car damages can not only be exhausting, but often unproductive. Instead, The Villages Auto Accident Attorneys can fight on your behalf to make sure you recover the full and fair compensation you deserve.

So, how do you find the right car accident attorney for you?

Ask around.

Talk with your friends, relatives and neighbors to see if they have any personal experience with a car accident attorney in your area. Obtaining a personal referral can be a great first step in the decision making process.

Conduct an Interview with Several Car Accident Attorneys.

This can help you figure out how comfortable you are talking to each lawyer. The right car accident attorney will have a genuine interest in helping you, not just collecting money from you.

Find out if the lawyer you are interested in is active in the legal community or a member of an association.

This can be a good indication if your attorney is connected within the legal community, which may be more helpful to you and the outcome of your case.

Use the Internet.

The Internet can be a helpful tool for you to utilize in order to find information about anything or anyone – including auto accident attorneys. You can gain a tremendous amount of information about car accident lawyers through their web sites as well as gain valuable insight into what type of people they are. Navigating the web can also help you narrow down the field of attorneys available to you in your specific area and identify those that have extended hours and make house calls or hospital visits. After looking at an attorney’s web site, you should pursue a consultation before making any decisions on who to actually hire.

Ask for a Free Initial Consultation.

The right car accident attorney will not charge you for an initial consultation. It is important to show up prepared for your consultation and ask a lot of questions. Common questions may include inquiries regarding their experience, success rates, fees and availability. In addition, you should bring along any documents in your possession that pertains to the accident. These can include accident reports, pictures, doctor evaluations and any possible witnesses contact information.

The right car accident attorney will be knowledgeable about the laws and procedures involved in car accident or personal injury cases. It is important to remember that who you choose as your Car Accident Attorney in The Villages is ultimately your choice. Keep in mind that you may be working closely with this person for weeks, possibly months, so it is important to make the right choice for your situation.

Dealing with the aftermath of any type of collision can be difficult. An experienced and dedicated car accident attorney is your best bet in recovering the compensation you deserve. Fortunately, the residents of The Villages and surrounding areas have a car accident attorney they can rely on at Whittel & Melton.

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